Protected Concerted Activity (PCA)

Federal labor law protects neutral (secondary) employers from becoming entangled in labor disputes between another (primary) employer and unions.  For most of the past decade, however, the NLRB has allowed unions to set up various displays – including an inflatable rat (otherwise known as “Scabby”) and an inflatable “fat cat” – near neutral employers’ premises

In a recent decision, a Board panel majority found that an employee was unlawfully fired for writing “whore board” on an overtime sign-up sheet at work.  This decision highlights the expansive nature of employee activity protected by the NLRA and the limited value that the NLRB can sometimes place on employer property rights.

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On April 20, 2018, the National Labor Relations Board, by adopting an ALJ’s decision, held that employees who replied in agreement to another employee’s critical group email about the employer’s workplace were engaged in protected concerted activities under the Act. The email discussed wages, work schedules, tip policies, working conditions, and management’s treatment of employees

On January 29, 2018, the DC Circuit remanded a 2016 NLRB decision – Grill Concepts Servs., Inc., 364 NLRB No. 36 (2016) back to the Board for reconsideration of several employee handbook violations found unlawful under the now-replaced Lutheran Heritage standard in light of the Board’s new standard recognized in Boeing Co.

The National Labor Relations Board has ruled that an employer does not necessarily violate the National Labor Relations Act by maintaining a facially neutral work rule, policy or handbook provision that could be reasonably construed to interfere with union or other protected concerted activity protected under Section 7.

The 3-2 decision in The Boeing Company,

What goes around, comes around, they say, right? Not so fast said one NLRB Administrative Law Judge on November 22, 2017, when she held that the Communication Workers of America, Local 1101, violated Sections 8(b)(1)(A) and 8(b)(2) by attempting to cause Verizon Communications, Inc. to discriminate against former union member Sidra Epps for crossing the

Now that most, if not all, employees have smartphones with cameras in their pockets at all times, some employers have prohibited recording in the workplace. However, recent decisions by the National Labor Relations Board (“NLRB” or “the Board”) have found that “no recording” policies are illegal under the National Labor Relations Act (“the Act”). In

The National Labor Relations Board (“NLRB” or “Board”) has taken a jaundiced view of employer policies that require respect and civility in the workplace over the past several years. The Board has found such rules generally interfere with employees Section 7 rights and thereby violate Section 8(a)(1) of the National Labor Relations Act (“the Act”).

Racist comments, similar to other forms of employee misconduct (e.g., workplace violence or theft), usually result in termination. Anyone with an ounce of common sense knows this. The National Labor Relations Board, however, upheld an Administrative Law Judge’s prior decision declining to follow an arbitrator’s ruling and ordered Cooper Tire & Rubber Co.