The Board may not be done reshaping Section 7 analysis yet. It is striking because non-union workers in Canada never have a legally protected right to strike. The National Labor Relations Board (Board) currently is reconsidering what constitutes protected activity under the National Labor Relations Act (NLRA). Having a good understanding of potential concerted activity liability will help human resources managers limit liability for alleged Section 7 violations. The right of employees to band together for purposes of bringing grievances to their employer is at the very core of the National Labor Relations Act, as embodied in Section 7. 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 National Labor Relations Board investigates employers who deny workers their rights. A23. While there is a substantial degree of overlap between the two, there are also notable differences. Even if a company's workers don't belong to a union, they have the right to "concerted activity," to improve their work environment or their situation as employees. What is striking from a Canadian perspective is that these strikes are probably legal, protected by the right to engage in “concerted activities for mutual aid and benefit” found in Section 7 of the National Labor Relations Act. CONCERTED AND PROTECTED ACTIVITY . The National Labor Relations Act, the main labor policy governing labor relations in the United States, defines concerted activity in Section 7. The NLRA’s protection of concerted activities covers many different activities, including employee discussions about pay, work conditions, and even safety concerns. Section 7 of the National Labor Relations Act (“NLRA”) protects employees who engage in concerted activity. 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. sor’s mere participation in concerted activity, which isn’t a sufficient basis for finding a Section 7 or 8 violation. 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. Consequently, the NLRB has construed the terms concerted and protected very broadly to include any activity aimed at affecting employee interests. Employers that interfere with those rights through disciplinary actions risk violating Section 8 of the NLRA. The Board ruled that all four violated the NLRA because, in its view, they had a chilling effect on employees’ exercise of their Section 7 rights to engage in protected, concerted activity with regard to the terms and conditions of employment. This right is called protected 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.” On November 24, 2020, the Board held that a high-level executive’s tweet violated Section 8(a)(1) of the NLRA by interfering with or restraining employees’ protected, concerted activity. The NLRB Rolls Back the Definition of “Protected, Concerted Activity” By Brittany Buccellato on February 7, 2019 Posted in Labor Relations. The Board has long recognized that disputes regarding wages, hours, and working conditions can “engender ill feelings” and solicit strong responses. Generally, protected concerted activity takes place when employees act as a group (i.e., … Not ever. . 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). Protected Concerted Activity As employers field questions and concerns from employees related to COVID-19, employers must recognize that Section 7 of the NLRA protects the rights of employees to engage in concerted activity for purpose of …”other mutual aid or protection.” Specifically, Section 7 defines and protects concerted activity by employees. The concept of “protected concerted activity” arises out of Section 7 of the NLRA. 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. 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. 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. To be covered by Section 7, however, such concerted activity must be for the workers’ “mutual aid or protection.” 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. 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