Monday, September 21, 2009
Protected concerted activity
My labor law class requires preparation, and often early in the morning. So here I am. Tonight we will cover protected concerted activity. Each time I delve into this area I cannot help but think it is an underused legal protection for employees. Essentially it provides employees something akin to free speech rights on a wealth of topics related to the workplace and/or mutual aid and protection. This protection is available even in the absence of a union. While the protection has a "concerted" component, the actions of a single employee can also be protected if it involves assertion of a right under a collective bargaining agreement, or otherwise asserts the rights of more than a single individual. Early in my career I remember an irate partner imposing a rule preventing clericals from discussing their salaries which prompted my discussion about protected concerted activity. The incredulous partner of course dismissively claimed he cared less about the issue than he did about the clericals being in the dark about pay practices. Of course this could have been a result of said partner's appreciation of the limited remedy provisions of the NLRA. Wonder what effect enhanced remedies would have in this circumstance.