The National Labor Relations Act affords employees, union and nonunion, the right to confer among each other for the betterment of wages and other working conditions. This sometimes unremarkable conduct, called “protected concerted activity,” often causes legal complications for employers because it is hard to spot, commonly misunderstood, and often overlooked -- particularly outside the unionized workplace. Recent changes at the National Labor Relations Board portend increased enforcement during the Biden Administration. On March 31, 2021, the new Acting General Counsel of the NLRB issued a proclamation of his intent (GC Memo 21-03) to “robustly” enforce Section 7 and “vigorously” pursue the reversal of recent decisions narrowly interpreting Section 7 rights. The Board plans to focus its efforts not only on what activity is considered “concerted” but also what type of conduct bears on “mutual aid or protection,” specifically targeting political/social justice advocacy and the reporting of pandemic-related health and safety issues as areas for expansion of the law.
On May 19, 2021, Littler employment attorneys John A. Berg and Joseph M. Cooper will provide an interactive and informative presentation that will give attendees the basics they need to identify protected concerted activity when it occurs, keep their policies and practices compliant, and avoid the unfortunate outcome of an unfair labor practice charge with the National Labor Relations Board.