Protected concerted activity

Definition

Protected concerted activity refers to actions taken by employees to improve their working conditions or to address workplace issues collectively. This can include discussions among employees about wages, benefits, or other work-related matters, as well as forming or joining unions. Such activities are protected under the National Labor Relations Act, ensuring that employees can engage in these actions without fear of employer retaliation.

5 Must Know Facts For Your Next Test

1. Protected concerted activities can occur even among employees who are not part of a union; discussions about workplace issues are still protected.
2. Employers cannot legally retaliate against employees for participating in protected concerted activities, and violations can lead to serious legal consequences.
3. Social media use has become a significant platform for protected concerted activity, as employees share opinions about workplace conditions and advocate for change online.
4. Strikes and picketing are forms of protected concerted activity aimed at influencing employer negotiations or raising awareness about workplace issues.
5. Employees must be acting together for mutual aid or protection for their activities to be considered 'concerted'; individual complaints may not have the same protection.

Review Questions

• How do protected concerted activities empower employees in the workplace?
  • Protected concerted activities empower employees by allowing them to come together to discuss and address common workplace issues without fear of retaliation from their employers. This collective action is crucial for negotiating better working conditions, such as fair wages and safer environments. By uniting their voices, employees can more effectively advocate for their rights and influence management decisions.
• What role does social media play in the context of protected concerted activities among employees?
  • Social media has become a vital tool for facilitating protected concerted activities, as it allows employees to communicate and organize with each other quickly and broadly. Employees can share experiences, raise concerns about workplace issues, and rally support for collective action online. This digital space can amplify their voices and increase the visibility of their efforts to advocate for better conditions or changes within the workplace.
• Evaluate the implications of employer retaliation against protected concerted activities on labor relations and employee morale.
  • Employer retaliation against protected concerted activities can severely damage labor relations and employee morale. When employers retaliate, it creates a climate of fear among employees, discouraging them from speaking up about grievances or engaging in collective action. This undermines trust between employees and management, leading to higher turnover rates and decreased job satisfaction. Such negative dynamics can also provoke legal challenges that further strain relationships and disrupt workplace harmony.

Related terms

National Labor Relations Act: A federal law enacted in 1935 that protects the rights of employees to organize and engage in collective bargaining and to take collective action for mutual aid or protection.

Collective Bargaining: The process in which employees negotiate with their employer regarding wages, working conditions, and other employment terms, often represented by a union.

Employer Retaliation: Actions taken by an employer against an employee for engaging in protected activities, such as firing, demoting, or discriminating against them based on their involvement in concerted activity.