Are These Employees Engaged In A Protected Concerted Activity?

Section 7 of the National Labor Relations Act (NLRA) safeguards employees’ right to engage in concerted activities for mutual aid or protection, also known as “protected concerted activity.” This includes acts of two or more employees working together to improve their employment terms and conditions. Employers cannot discipline, threaten, or coerceively question employees about this protected concerted activity. Examples of protected concerted activity include filing or being a witness in a charge.

The NLRB has identified several examples of protected concerted activity, including filing or being a witness in a charge. A single employee may also engage in protected concerted activity if they act on the authority of other employees, bringing group complaints to the employer’s attention. An individual can also engage in protected concerted activity by making statements at a safety meeting indicating concern with matters which affected not.

Protected concerted activity is a legal definition that defines activities that workers may engage in without fear of retaliation by supervisors or employers. It is essential for employers to understand this as retaliation claims are routinely the most commonly filed cases to come before the federal Equal Employment Commission. The concept of protected concerted activity has gained attention this year due to terminations for social media posts and subsequent rulings by the NLRB. Employers must be aware of these protections, as retaliation claims are routinely the most commonly filed cases to come before the federal Equal Employment Commission.

How to identify union activity?

Are you missing these signs of union organizing activity? 1. Turnover rate change. 2. Language of exit interviews. 3. Employee language. 4. Employee communication behavior changes. 5. New employee alliances. 6. Social media language. 7. Employee phone time. Unions keep union drives quiet, but it’s easier than ever to find out about them. Today, employers are less likely to find union meeting notices or authorization cards. Unions can text, email, and connect with employees online to gain support for an organizing drive. But there are still signs to look for. Here are ten signs of union organizing that are easy to miss but important to recognize and address to create a union-proof culture.

1. Obvious signs. Don’t ignore the obvious. For example, an employee might wear a union T-shirt, or you might find a union flyer or authorization card in the break room. Union organizers often tell employees to avoid anything that might attract management’s attention. You’re unlikely to see such signs early in a campaign. It’s important to learn to recognize subtle indications.

2. Turnover rate change. A change in employee turnover rates can be a sign of union activity. Unions affect how employees think. If the turnover rate goes up when there have been no changes, a union might be promising better working conditions. A union campaign succeeds by making employees unhappy and thinking they aren’t being treated well.

What to do when employees want to unionize?

Start the process by filing an election petition with your local NLRB office. You must show that at least 30% of employees support your petition. This is usually done with authorization cards or a petition signed by co-workers. An NLRB agent will then decide if an election is right for your workgroup and set the time, date, and place for a secret-ballot election. You can vote in person or by mail. If the union wins the election, the NLRB will recognize it as your union representative. The NLRB protects your right to join with other employees to improve your wages and working conditions. Call us for help. Deaf or hard of hearing callers should email [email protected] to speak to an NLRB representative. The NLRB will email the requestor with instructions on how to schedule a relay service call.

What are the rights of employees in the United States?

Employees have a right to: You have the right to be treated fairly and equally. You cannot be harassed or discriminated against because of your race, color, religion, sex, national origin, disability, age, or genetic information.

How do you handle employees in a unionized environment?

Good relationships with union stewards are key to managing unionized workers. … Address poor performance. … Be fair to your employees. … Admit your mistakes. … Build trust with your union workers. … Be available every day. Union workers should be involved in decision-making. In 2022, 16 million more workers in the United States were union members than in 2021. Moreover, over 60 million workers wanted to join or form a union but couldn’t. Unionization efforts are a last-ditch attempt by employees who feel neglected, insulted, unheard, and underappreciated. They are frustrated workers seeking help from their employer. Union organizers often fight for better pay and working conditions. It’s hard to manage unionized workers if they feel like they’re not being treated right. Some say unionization can be avoided if there’s a sense of connection, appreciation, and recognition within the organization. If your company already has union workers, how can you manage them better?

What are signs of union activity?

When employees stop engaging with their leaders, it’s a sign of union activity. If your workers are less involved, disinterested, or detached from company initiatives, it may be because they are seeking other ways to express their concerns and aspirations. If there’s no way for employees to talk to their managers, they’ll feel like their concerns aren’t being heard.

📌Tip: Be transparent and update employees on company matters.

Is the National Labor Relations Act still around today?

The NLRB enforces the National Labor Relations Act, which guarantees employees in the private sector the right to organize, improve their wages and working conditions, choose whether to have unions as their bargaining representative, engage in collective bargaining, and refrain from these activities. It stops unfair labor practices by employers and unions. Congress passed the National Labor Relations Act (NLRA) in 1935 to protect workers, encourage collective bargaining, and stop bad labor and management practices that hurt workers, businesses, and the U.S. economy. The National Labor Relations Board has 26 offices and is in Washington, DC. Regional offices investigate and prosecute violations of the Act under the General Counsel’s authority.

What is a protected activity?

EEO laws protect job applicants and employees from being punished for asserting their rights to be free from employment discrimination. Protected activity is when you assert your EEO rights. It can take many forms. It is illegal to retaliate against applicants or employees for:

Filing or being a witness in an EEO charge, complaint, investigation, or lawsuit; communicating with a supervisor or manager about employment discrimination, including harassment; answering questions during an employer investigation of alleged harassment; refusing to follow orders that would result in discrimination; resisting sexual advances, or intervening to protect others; requesting accommodation of a disability or for a religious practice; asking managers or co-workers about salary information to uncover potentially discriminatory wages.

Participating in a complaint process is protected from retaliation. If an employee opposes discrimination and has a reasonable belief that it violates EEO laws, they are protected. This includes using informal language to describe it. But EEO activity doesn’t protect employees from all discipline or discharge. If an employer fires or disciplines an employee for reasons other than retaliation or discrimination, they can do so. However, an employer cannot do anything to stop someone from complaining about future discrimination.

What is the main purpose of the Labour Relations Act?

How the Act affects employment relationships. The Labour Relations Act affects how people work. It sets out how workers should be treated fairly, protects their rights, and encourages them to negotiate with their employers. It also helps keep industrial relations peaceful. The Act makes it clear what employers and employees can expect from each other. It makes sure both sides know what they are supposed to do.

Recent changes to the Labour Relations Act. The Labour Relations Act has been changed over the years to reflect changes in the labour market and to make workplaces fairer. The amendments have focused on protecting vulnerable workers, regulating temporary employment services, and promoting collective bargaining.

What guideline should be followed by a supervisor to discourage unions?

Promise employees better terms if they don’t join the union. Threaten employees with worse terms if they join. Limit contact with employees. Ask questions.

What is union activity?

Forming a union at work; joining a union; helping a union organize your coworkers; refusing to do any of these things; having the right to be fairly represented by a union. Employees who are not represented by a union also have rights under the NLRA. The National Labor Relations Board protects employees’ rights to work together to improve their terms and conditions. One employee can also engage in protected concerted activity if they are acting on behalf of other employees. This could include bringing complaints to the employer’s attention, trying to get other employees to take action, or preparing for action. Some examples of protected concerted activities are:

What is protection of concerted activity?

Wear waterproof gloves, a long-sleeved shirt, and long pants. If you have to stand in fresh concrete, wear rubber boots to keep it out. To avoid skin irritation, wash often with pH-neutral soap and clean water.

Placing and Finishing. Use waterproof pads between fresh concrete and your body to protect yourself during finishing operations. Wash your eyes and skin with clean water if you come into contact with fresh concrete. Wash clothes that get wet from fresh concrete with clear water to keep the skin safe. If it doesn’t go away, see a doctor.

What does concerted action mean?

A concerted action is done by several people or groups working together.

Action is doing something for a purpose.

Collins COBUILD Advanced Learner’s Dictionary. Copyright © HarperCollins.. Copyright © HarperCollins Publishers.