Activity is “protected” if it concerns employees’ interests as employees . An employee engaged in otherwise protected, concerted activity may lose the Act’s protection through misconduct.) Promise employees benefits if they reject the union.
What is protected under the NLRA?
The NLRA guarantees the right of employees to organize and bargain collectively with their employers , and to engage in other protected concerted activity. Employees covered by the NLRA* are protected from certain types of employer and union misconduct.
What are protected union activities?
Protected Concerted Activities include: talking with one or more co-workers about working conditions , circulating a petition asking for health and safety provisions, participating in a concerted refusal to work in unsafe conditions, openly calling for paid sick leave, and joining with co-workers to talk directly to ...
Which is an example of protected concerted activity under the National Labor Relations Act?
Examples include: talking with one or more co-workers about your wages and benefits or other working conditions, circulating a petition asking for better hours, participating in a concerted refusal to work in unsafe conditions, and joining with coworkers to talk directly to your employer, to a government agency, or to ...
What are three activities the NLRA does not protect?
Excluded from coverage under the NLRA are public-sector employees, agricultural and domestic workers, independent contractors , workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway Labor Act, and supervisors (although supervisors that have been discriminated against for ...
Who is not covered under NLRA?
Excluded from coverage under the Act are public-sector employees (employees of state, federal and local governments and their sub-divisions), agricultural and domestic workers, independent contractors , workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway Labor Act, and ...
Is it illegal to discourage unions?
It is unlawful to discourage (or encourage) union activities or sympathies “by discrimination in regard to hire or tenure of employment or any term or condition of employment .” For example, employers may not discharge, lay off, or discipline employees, or refuse to hire job applicants, because they are pro-union.
What is not protected activity?
An employee’s actions that are not protected as opposition include actions that interfere with the employee’s job performance enough to make her ineffective at doing her job , or unlawful activities such as acts or threats of violence.
What rights do non union members have?
Non-union employees also have the right to try to form a union and are protected to do so under the NLRA. An employer may not retaliate or discriminate against non-union employees who attempt to organize or support a workplace union.
What activities are protected under Section 7 of the NLRA?
Section 7 of the National Labor Relations Act (the Act) 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 ...
What is a statutorily protected activity?
Protected activity in the workplace is, essentially, a legal definition that defines activities that workers may engage in without fear of retaliation by supervisors or employers .
Who does the NLRB protect?
National Labor Relations Act Congress enacted the National Labor Relations Act (“NLRA”) in 1935 to protect the rights of employees and employers , to encourage collective bargaining, and to curtail certain private sector labor and management practices, which can harm the general welfare of workers, businesses and the ...
Is asking for a raise protected activity?
Asking for a Raise is Protected . The EEOC opines that adverse employment action against employees for protected activity related to discussing their compensation can give rise to a claim for retaliation.
What happens if an employer violates NLRA?
If you believe your NLRA rights have been violated, you may file a charge against an employer or a labor organization . ... The NLRB receives about 20,000 to 30,000 charges per year from employees, unions and employers covering a range of unfair labor practices described in Section 8 of the Act.
What are considered unfair labor practices?
Any action that interferes with an employee’s exercise of Section 7 rights under the National Labor Relations Act (NLRA) or an employee’s exercise of Section 7716 rights under the Federal Service Labor-Management Relations Statute (FSLMRS) by: An employer or agency or its agent.
What does NLRA stand for?
Congress enacted the National Labor Relations Act (“NLRA”) in 1935 to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices, which can harm the general welfare of workers, businesses and the U.S. economy.
