Murtha Means More

NLRB Expands Scope of "Protected Concerted Activity"

February 17, 2011

The National Labor Relations Act (NLRA) provides federal law protection for employees in the private sector who want to join and form labor organizations.  Employers generally think of the NLRA and the agency that administers it, the National Labor Relations Board (NLRB) in the context of formal union activity such as union organizing campaigns, collective bargaining and strikes or lockouts.  However, the NLRA applies to non-union employers with the same force that it applies to unionized employers.  In recent months a newly energized NLRB has been flexing its muscles in connection with non-union workplaces.

The trend continued with a decision issued January 28, 2011, that expanded the traditional reach of the NLRA in non-union workforces.

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