Mike Writes on the Protection for Workers Acting "In Concert"

Michael Okun has written an article, entitled In Concert: A Beginner’s Guide to Labor and Employment Law’s Old and Well-Kept Secret, for an issue of Trial Briefs, the publication of the North Carolina Advocates for Justice. The article discusses the NLRA's protection for workers who act "in concert" regarding workplace issues.

Summary: The right to act “in concert” is the “principal source of legal protection for employees who engage in workplace protests.” This article attempts to provide a basic understanding of the substantive and procedural law surrounding the law. The first of six sections provides a brief history and overview of the Section 7 right found in the NLRA. The second explains the requirements of the three elements necessary to claim the right. The third section describes how to prove causation between activity protected by the statute and retaliatory action by an employer. The fourth section explains briefly the categories of employers and employees who are not covered by the statute. The fifth section explains how to enforce an employee’s rights under the Act. The final section describes the three best concerts this author has attended.