Employment Law Articles
Protecting Employees’ Rights To Engage In Concerted Activity
By Scott Adams | Employment Law Attorney
Published on March 5, 2016
The National Labor Relations Act (“NLRA”) mandates that employees shall have 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 other mutual aid or protection. Concerted activity for the mutual aid and protection of employees’ incudes when two or more employees address the employer about pay. It also includes when two or more employees act together to improve working conditions. As the foregoing indicates, even employees not represented by a union have rights under the NLRA.
The Labor & Employment Lawyers at LaBar & Adams, P.A. recently filed a charge with the National Labor Relations Board (NLRB) on behalf of a class of Employees. The work conditions that these Employees were required to endure were dangerous and deplorable. Furthermore, the Employer had policies in place that deterred and/or prevented the Employees from discussing the terms and conditions of their employment with one another or collectively engaging the Employer in betterment of the work environment. The enforcement of these polices resulted in the Employees having to endure tremendous hardship for many years.
In front of the NLRB, the Labor & Employment Lawyers at LaBar & Adams, P.A. argued that:
- the Employer’s policies deterred Employees from engaging in concerted activity and
- when implemented, the Employer’s policies prevented the Employees from engaging in concerted activity.
The NLRB agreed the Labor & Employment Lawyers at LaBar & Adams, P.A. and entered a consent decree that required the Employer to rescind all policies that deterred and/or prevented the Employees from engaging in concerted activity. The Employer was required to post Notices on its premises stating that such polices were revoked and that the Employer would not prevent the Employees from engaging in concerted activity any longer. Finally, the Employer was required to mail the Notice to all Employees indicating that they were not prevented from engaging in concerted activity and that the Employer would not retaliate against them for engaging in such activity.
The Labor & Employment Lawyers at LaBar & Adams, P.A. are committed to ending deplorable workplace conditions. We are committed to ensuring that no employee is the victim of an unfair labor practice. IF you believe you have been a victim of an unfair labor practice or your employer has policies that prevent you from engaging in concerted activities, please do not hesitate to contact Labor & Employment Lawyers at LaBar & Adams, P.A. We can reached at 407-835-8968, 1-866-680-4LAW. You may also fill out the online form located on this page and we will contact you shortly.
- Protecting Employee’s Civil Rights
- Protecting Employees’ Rights To Engage In Concerted Activity
- Remedying Unfair Labor Conditions and Civil Rights Violations