Protected Concerted Activity

Protected Concerted Activ…

Patterson Harkavy’s labor attorneys have been representing and advocating for union members and workers seeking to collectively bargain for decades. Our attorneys have represented workers’ unions across North Carolina and the South, helping them organize in workplaces and to enforce their rights under collective bargaining agreements. Our attorneys have decades of experience representing unions in arbitration, at the bargaining table, before the National Labor Relations Board (NLRB), in federal and state courts, and in the legislature. Our attorneys have also represented individual employees before the NLRB when they have engaged in protected concerted activity.

Contact our Chapel Hill office at (919) 942-5200 or call toll-free at (800) 458-2541 to get help for yourself or your union.

What is the National Labor Relations Act?

The National Labor Relations Act (NLRA) is the federal law that protects the rights of private sector employees to organize around working conditions and form unions. Section 7 of the NLRA gives workers the right to engage in “protected concerted activity” free from employer retaliation.

What is a Protected Concerted Activity?

Protected concerted activity is when two or more employees take action for mutual aid or protection regarding their terms and conditions of employment. Some examples of protected concerted activity include:

  • Talking with co-workers about working conditions
  • Joining with co-workers to demand better working conditions
  • Talking to a government agency about problems in the workplace
  • Bringing group complaints to an employer’s attention
  • Organizing a union.

In some circumstances, the NLRA may also protect workers walking off the job due to critically unsafe working conditions. However, it is strongly recommended that workers speak with a labor lawyer before deciding to strike or walk off the job.

What Are Unfair Labor Practice Charges Under the NLRA?

It is unlawful for an employer to discharge, discipline, threaten, or interrogate employees about their protected concerted activity or union sentiments. If an employee’s rights under the NLRA are violated, then that employee can file an unfair labor practice charge with the NLRB. The North Carolina Regional Office of the NLRB can be reached by phone at (336)-631-5201.

The NLRA protects all workers regardless of immigration status, and a worker need not be part of a union to avail herself of Section 7 protections. Workers who have a union may also have other rights and obligations under their collective bargaining agreement with an employer. It is recommended that employees at a unionized workplace contact local union leadership to discuss these rights.

Make an Impact: Protect Your Rights

If you are concerned about your workplace conditions, you have the right to work together with your coworkers or government regulators to make your job site safe. Patterson Harkavy has been helping unions defend the rights of their members to safe workspaces and collective bargaining for decades. If you think your rights have been violated or have questions about your labor rights, contact Patterson Harkavy LLP today by calling (800) 458-2541 or 919-942-5200 or contacting us online.