The NLRB’s requirement that most private employers post a notice of employee rights was struck down by the courts. But in doing a work around, the NLRB has established a webpage that specifically deals with “Protected Concerted Activity”.
A Map Tells the Stories
The page tells the stories of more than a dozen recent cases involving protected concerted activity, which can be viewed by clicking points on a map. Among the cases: A construction crew fired after refusing to work in the rain near exposed electrical wires; a customer service representative who lost her job after discussing her wages with a coworker; an engineer at a vegetable packing plant fired after reporting safety concerns affecting other employees; a paramedic fired after posting work-related grievances on Facebook; and poultry workers fired after discussing their grievances with a newspaper reporter.
The case summaries list facts that any interested employee clicking on the webpage may find to be just like his or her case. Indeed, NLRB Chairman Mark Gaston Pearce says “A right only has value when people know it exists. We think the right to engage in protected concerted activity is one of the best kept secrets of the National Labor Relations Act, and more important than ever in these difficult economic times. Our hope is that other workers will see themselves in the cases we’ve selected and understand that they do have strength in numbers.”
The Secret is Out
Truly, the idea that the National Labor Relations Act protects more than union workers has been a well kept secret for some time. But recent trends in NLRB case decisions, and other initiatives – like this one – indicate that the “secret” is out. Expect more initiatives along these lines. If the NLRB can’t have its Notice then it can still have its Webpage.
Should you have questions or require further information, please contact Stephen W. Lyman at 317.977.1422 or slyman@wp.hallrender.com or your regular Hall Render attorney.
