An employee’s right to engage in concerted activities for the purpose of mutual aid and protection is basic to the National Labor Relations Act’s (NLRA) Section 7. The Board has long recognized that disputes regarding wages, hours, and working conditions can “engender ill feelings” and solicit strong responses. These protections are known as "concerted protected activity." Under Section 7 of the National Labor Relations Act (NLRA), employees have the right to: “self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. Although a good portion of the NLRA deals with unionization, Section 7 provides protections for all non-supervisory employees, even those not involved with a union.Specifically, Section 7 defines and protects concerted activity by employees. Having a good understanding of potential concerted activity liability will help human resources managers limit liability for alleged Section 7 violations. The National Labor Relations Board investigates employers who deny workers their rights. A23. In recent years, the National Labor Relations Board (NLRB), the agency that enforces the NLRA, has decided a number of cases regarding the circumstances in which employer policies may violate Section 7 of the NLRA. Section 7 of the National Labor Relations Act (NLRA) protects the rights of union and nonunion employees to engage in protected concerted activities that address working conditions, wages, or discipline. CONCERTED AND PROTECTED ACTIVITY . But the required analysis does not end with a determination that there is “protected concerted activity.” An employee’s protected NLRA section 7 rights must be balanced against an employer’s interest in preventing disparagement of its products and services and protecting the reputation of its business. Section 7 of the National Labor Relations Act (“NLRA”) protects employees who engage in concerted activity. Two recent advice memos issued by the National Labor Relations Board (NLRB) provide further guidance on the issue of “protected concerted activity” under Section 7 of the National Labor Relations Act (NLRA), commonly referred to as “Section 7 Rights.” Accordingly, there was no reasonable basis to conclude that Maruichi’s discharge of Dang violated the NLRA. That's the key take-away from the National Labor Relations Act Section 7. . In addition to being concerted activity, the activity must also be for mutual aid or protection in order to be legally protected under the NLRA. Employers that interfere with those rights through disciplinary actions risk violating Section 8 of the NLRA. Workers who complain in a group setting will no longer be presumed to be engaged in “protected concerted activity” under the National Labor Relations Act based on a new decision issued last month. In September, we worried that the Trump Administration was using Epic Systems (aka Murphy Oil) to lay the groundwork for curtailing protection of concerted activity outside the union organizing and collective bargaining context. The NLRA’s protection of concerted activities covers many different activities, including employee discussions about pay, work conditions, and even safety concerns. Specifically, Section 7 states Employees shall have the right to self-organization, to form, join or assist in labor organizations, to bargain collectively through representatives of their own choosing and to engage in other concerted activities … Megaphone with cursing in bubbles on blackboard. While a finding that a supervisor’s conduct isn’t protected by the NLRA … Consequently, the NLRB has construed the terms concerted and protected very broadly to include any activity aimed at affecting employee interests. If the walk-off was a concerted refusal to work because of working conditions, it will be considered protected concerted activity under Section 7 (in essence, a protected strike). Unions and individuals alike may find it more difficult to assert that an individual employee’s statement is concerted activity that is protected by Section 7 of the NLRA. What are the analytical and substantive differences between work stoppages protected under Section 7 of the NLRA as protected concerted activity, and those protected under Section 502? The Board may not be done reshaping Section 7 analysis yet. 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