Tag Archives: concerted activity

Asking coworkers for assistance in supporting legal claim may constitute concerted activity under the NLRA.

Helping hand black & whiteMost employers are aware that Title VII of the Civil Rights Act protects individuals from harassment and discrimination, and further protects them from filing claims alleging such harassment or discrimination. However, many employers are not aware that Section 7 of the National Labor Relations Act (NLRA) also protects employees who attempt to garner support for … Continue Reading

NLRB continues to criticize employer restrictions on employees’ use of confidential information.

confidential filesIn another of the increasingly frequent decisions by the National Labor Relations Board critical of employers’ policies and handbook provisions, a Board panel recently determined that the confidentiality rule included in an employer’s “Code of Business Conduct” was overly broad and restricted employees’ right to engage in concerted activities, a restriction in violation of Section … Continue Reading

OSHA and NLRB referral agreement could extend NLRB’s reach into workplace safety issues.

The Occupational Safety and Health Administration (OSHA) is an arm of the U.S. Department of Labor, and is the federal agency charged with the enforcement of legislation related to the health and safety of workers. OSHA’s primary enforcement tool is the Occupational Safety and Health Act of 1970 (OSH Act). Section 11(c) of the OSH … Continue Reading

Handbook’s prohibition on “negative comments” about team members found to have violated the NLRA.

Like many employers, Hills and Dales General Hospital’s employee policies included provisions prohibiting “negative comments” about fellow team members, and precluded engaging in “negativity or gossip.” The policies further included a requirement to represent the hospital within the community “in a positive and professional manner in every opportunity.”  Recently, a three-member panel of the National … Continue Reading

NLRB finds policy against certain “verbal comments or physical gestures” may restrict concerted activity.

The National Labor Relations Board (NLRB) has ordered a non-unionized hospital to rescind Code of Conduct provisions prohibiting “Verbal comments or physical gestures directed at others that exceed the bounds of fair criticism” and “Behavior . . . that is counter to promoting teamwork,” finding those prohibitions to be unfair labor practices. William Beaumont Hospital … Continue Reading

Issue: Blanket prohibition on “message” clothing violates the NLRA.

A car dealership’s prohibition on “pins, insignias, or other message clothing which are not provided to them by the company” was deemed overly restrictive and a violation of the National Labor Relations Act (NLRA). Boch Imports, Inc., NLRB, Case No. 1-CA-83551, January 13, 2014. Beginning in December 2011, Boch Imports, Inc., doing business as Boch … Continue Reading

Expression of “personal contempt” in Facebook group message did not constitute protected concerted activity.

By now, most employers are aware of a number of “Facebook Firing” cases, in which individuals who were fired for Facebook postings have been reinstated after the National Labor Relations Board (NLRB) found the postings to have been “protected concerted activity” under the National Labor Relations Act (NLRA). However, on May 8, 2013, an NLRB … Continue Reading

Termination for Facebook posting does not violate state invasion of privacy law.

Recent court decisions related to employees’ online postings have centered on whether disciplinary decisions regarding those postings may violate the National Labor Relations Act (NLRA). The NLRA protects certain employee “concerted activities” aimed at discussing or improving working conditions, and precludes interference with such communications, including online messages. However, individuals also have brought other legal … Continue Reading

NLRB is finding ways to implement its Employee Rights Notice posting, in spite of legal challenges.

On September 28, 2012, a three-member panel of the National Labor Relations Board (NLRB) affirmed the decision of an Administrative Law Judge (ALJ) who upheld a car dealership’s firing of a salesperson that was based on a Facebook posting. But it also found a way to include its Notice of Employee Rights poster in the … Continue Reading

Definition of “concerted activity” continues to be construed broadly by the NLRB.

Recently, the National Labor Relations Board (NLRB) has issued a number of decisions restricting the ways in which employers can limit employee electronic communications, even when those communications may damage the company or another employee’s reputation.  For many employers, those decisions have caused serious consternation, as companies now focus on what can and cannot be … Continue Reading

NLRB turns its attention to the elements of an acceptable Social Media Policy.

Section 7 of the National Labor Relations Act (NLRA) protects the right of employees to engage in “concerted activities” with each other for the purpose of collective bargaining or in efforts to improve working conditions and terms of employment. These concerted activities can be done in person, or by other methods of communication, including electronic … Continue Reading
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