Every day, American workers must quietly decide whether it is worth raising concerns about pay, hours, safety, or unsafe conditions. Since 1935, the National Labor Relations Act (NLRA) has protected workers who speak up. Passed during the Great Depression, the NLRA established workers’ fundamental right to act together to improve their working conditions.

Key Takeaways

• The National Labor Relations Act (NLRA) was passed in 1935 and protects workers’ right to act together to improve their working conditions.
• The NLRA applies to most private-sector, non-management employees acting together to try to improve their working conditions.
• The NLRA prohibits employers from interfering with workers’ right to organize, which has been interpreted more broadly than simply voting on whether to unionize.
• If you believe your employer violated your right to engage in “protected concerted activities,” contact the employment attorneys at Madsen, Prestley & Parenteau, LLC, for legal advice and guidance.

What Is “Protected Concerted Activity”?

Workers have the right to join together to engage in activities to improve their wages and working conditions. “Protected concerted activities” are efforts, generally made by two or more workers, who join together to work towards a common goal in the interests of fellow employees or on issues that affect shared terms or conditions of employment.

The NLRA was enacted in 1935 and protects employees’ rights to unionize or join together to advance their interests. The law makes it unlawful for an employer to interfere with, restrain, or coerce employees in their exercise of these rights.

Specifically, Section 7 of the NLRA guarantees employees "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," as well as the right "to refrain from any or all such activities."

Today, “concerted activities” extend beyond meeting in a room and include any effort to work together to improve working conditions, such as group chats, social media posts, circulating a petition, or even a single person raising an issue that reflects group concerns.

Common Examples of Protected Concerted Activity

Common examples of protected concerted activity include:

• Discussing wages or benefits with coworkers in person, electronically, or on social media
• Circulating a petition asking for better hours or working conditions
• A group refusal to work in unsafe conditions
• Joining with coworkers to talk to an employer, government agency, or the media about problems in your workplace
• Organizing a union or discussing unionizing with coworkers

These activities are legally protected, and employers are prohibited from disciplining or retaliating against workers for participating in them, even in non-union workplaces.

Who Is Covered, and Who Is Not

Most private-sector non-management employees are covered by the NLRA, regardless of whether or not they are in a union. The NLRA does not apply to:

• Public sector employees (employees of state, federal, and local governments and subdivisions)
• Agricultural and domestic workers
• Independent contractors
• Workers employed by a parent or spouse
• Employees of air and rail carriers, who are covered by the Railway Labor Act

The NLRA only applies to groups of workers. It does not protect employees acting solely for their own benefit, such as an employee who makes personal complaints about a supervisor or who complains solely about their own pay without tying it to a group of workers.

What Employers Cannot Legally Do

The NLRA makes it an unfair labor practice for an employer “to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed” in the act. For example, an employer cannot:

• Threaten employees with adverse consequences, such as closing the workplace, loss of benefits, or more onerous working conditions if they support a union.
• Fire, demote, transfer, or discipline workers for engaging in protected concerted activities.
• Promise employee benefits if they reject a union.
• Enforce rules that restrict employees from discussing pay, benefits, or terms of employment during non-work times.
• Include overly broad policies in workplace handbooks that prohibit workers from discussing pay or chill discussion of worker rights.
• Spy on workers during union gatherings.

An employer that violates worker rights under the NLRA could be subject to investigation by the National Labor Relations Board (NLRB), which could order the employer to reinstate a fired worker, issue back pay to fired or demoted workers, or require that the employer post a notice promising not to violate the law.

Distinguishing NLRA Protections from Union Rights

Rights under the NLRA apply regardless of whether an employee is in a union. The NLRA protects workers who engage in concerted activities to improve pay, hours, or workplace conditions. These protections are broader than simply discussing whether to form a union, and apply even if no union is ever formed.

If a union is formed, it acts as the workers’ sole legal representative when negotiating for contracts, pay rates, and employee benefits. A union manages formal dispute processes and arbitration on behalf of its members. A union can also organize, call, and direct a strike.

What To Do If You Believe Your Rights Were Violated

If you suffered an adverse employment action because you engaged in protected concerted activity:

1. Gather evidence, including records of conversations, emails, and actions taken against you.
2. Note the timeline between the protected concerted activity and the adverse employment action.
3. Consult with an experienced employment law attorney who can evaluate your situation and help you file a charge with the NLRB.

How an Experienced Connecticut Employment Law Attorney Can Help

If you believe your employer interfered with your right to engage in protected concerted activity, the employment law attorneys at Madsen, Prestley & Parenteau, LLC, can evaluate your situation, advise you on your rights, and provide valuable advice, guidance, and legal representation in negotiations with your employer and before the NLRB.

With decades of experience, the employment law attorneys at Madsen, Prestley & Parenteau, LLC have a solid track record of success and are dedicated to helping people protect their livelihoods. Call us at (860) 246-2466 or contact us online to discuss your situation and how we can assist you.