Protected Concerted Activity in Union and Non-Union Workplaces

The NLRA, under Section 7 and Section 8(a)(1), protects the rights of employees to engage in “protected concerted activity,” which the NLRB generally defines as two or more employees taking action relating to terms and conditions of employment for their mutual aid or protection. The NLRB, in the past few years, has been particularly active in cases involving protection of Section 7 rights.

This right applies to union and non-union employees. The NLRB often enforces these rights in non-unionized settings.​​

  • Protected Concerted Activity in Union and Non-Union Workplaces Overview

    Protected Concerted Activity in Union and Non-Union Workplaces OverviewExamples of protected concerted activities under Section 7 include:  More »

    ​Read about a new 2015 agency action.
  • Employer Investigations

    Employer InvestigationsIn a line of recent decisions, the Board has made it virtually impossible for an employer to maintain the confidentiality of workplace investigations involving employee interviews.  More »

    ​Read about a new 2015 court case.
  • Arbitration Agreements

    Arbitration AgreementsThe NLRB has also issued a series of decisions that restrict the ability of an employer to include a class action waiver in a workplace arbitration procedure.  More »

    ​R​ead about a 2015 court case and a new 2016 court case.
  • At-Will Employment Disclaimers

    At-Will Employment DisclaimersIn another line of cases unfriendly to employers, the NLRB attacked traditional at-will employment disclaimers.   More »

  • Employee Handbooks and Employment Policies

    Employee Handbooks and Employment PoliciesOver the last few years, the Board has targeted vague and overly broad language in employee handbooks or employment policies.  More »

    ​​Read about new 2015 court cases.
  • Overly Broad Confidentiality Provisions

    Overly Broad Confidentiality ProvisionsEmployers should be aware that the concept of “concerted activity” under Section 7 is broadly applied to employee actions.   More »

    ​Re​ad about a new 2015 court case.
  • Policies Against Union Insignia

    Policies Against Union InsigniaGenerally, employers may not prohibit employees from wearing union insignia unless the policy is justified by special circumstances.  More »

    ​R​ead about a new 2015 court case.
  • Social Media Use and Unfair Labor Practice Charges

    Social Media Use and Unfair Labor Practice ChargesBeginning in mid-2011, the National Labor Relations Board began to weigh in on how employment-related conversations conducted in the context of social media are impacted by the NLRA.  More »

    Read about new 2015 court cases.​​​
  • Use of Employer’s Email System for Protected Activities

    Use of Employer’s Email System for Protected ActivitiesIn 2014, the General Counsel filed briefs in Purple Communications, asking the Board to require employers to allow employees to use an employer’s email system for union or other Section 7 protected purposes.   More »

    ​Read about a new 2015 court case.
  • Practical Considerations For Employers

    Practical Considerations For EmployersAn employer should consider the following questions before taking any disciplinary action with respect to a social media post.​  More »