News & Analysis as of

National Labor Relations Board › Protected Concerted Activity › Strike

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Parker Poe Adams & Bernstein LLP

Interview Exchange Leads to Unfair Labor Practice Claims

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This week, Elon Musk interviewed former President Trump on his social media platform X. During the interview, the two participants discussed their response to a hypothetical strike at Musk’s Tesla production facility. Trump...more

BakerHostetler

[Ongoing Program] Master Class 2022 Wrap-Up - May 3rd, 2:00 pm - 3:00 pm ET

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Please join us for BakerHostetler’s The ‘New’ Normal: The State of Labor Relations and Employment Law Master Class. Our 9th Annual Master Class will be virtual again this year, as it was last year, due to the continuation of...more

Fisher Phillips

Flying Solo: Can a Single Employee’s Workplace Complaint Qualify as Protected Concerted Activity?

Fisher Phillips on

Against the backdrop of workplace COVID-19 vaccine mandates, increased employee gripes about working conditions, and a workforce empowered like never before, employers are beginning to grapple with a new challenge – whether a...more

BakerHostetler

[Ongoing Program] Strikes, Job Actions and ‘Concerted Activity’: On the Rise for NonUnion and Unionized Business - March 8th, 2:00...

BakerHostetler on

Please join us for BakerHostetler’s The ‘New’ Normal: The State of Labor Relations and Employment Law Master Class. Our 9th Annual Master Class will be virtual again this year, as it was last year, due to the continuation of...more

BakerHostetler

[Ongoing Program] Opening Plenary Session – The ‘New’ Normal: The State of Labor Relations and Employment Law - February 1st, 2:00...

BakerHostetler on

Please join us for BakerHostetler’s The ‘New’ Normal: The State of Labor Relations and Employment Law Master Class. Our 9th Annual Master Class will be virtual again this year, as it was last year, due to the continuation of...more

Vinson & Elkins LLP

Back From The Dead – Protecting The Right To Organize Act Reintroduced In The House

Vinson & Elkins LLP on

On February 4, 2021, the Protecting the Right to Organize Act (the “PRO Act”) was reintroduced by Democrats in the United States House of Representatives. If enacted, the PRO Act would dramatically transform American labor...more

Fisher Phillips

Labor Board Confirms Employees’ Uniform Protest Is Protected Activity

Fisher Phillips on

The National Labor Relations Board recently ruled that an employer could not discipline a group of protesting employees who reported to work in street clothes instead of their uniforms to draw attention to a uniform shortage....more

McNees Wallace & Nurick LLC

NLRB Adopts Single Rule to Evaluate Employee Misconduct

McNees Wallace & Nurick LLC on

The National Labor Relations Board has traditionally applied separate tests to evaluate whether employee discipline violated the National Labor Relations Act, depending on the context of the underlying misconduct. This has...more

Littler

Seventh Circuit Affirms NLRB in Upholding Discharge of Fast and Furious Employee for Highway Misconduct

Littler on

In Local 702, International Brotherhood of Electrical Workers, AFL-CIO v. National Labor Relations Board and Consolidated Communications, the U.S. Court of Appeals for the Seventh Circuit recently upheld the termination of a...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Confirms that Intermittent Strikes in Furtherance of the Same Goal are Unprotected

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The National Labor Relations Act’s (NLRA or Act) Section 7 grants to all employees — regardless of whether they are unionized or not — the right to engage in protected concerted activity (PCA). Accordingly, an employer may...more

Fisher Phillips

The Union Strikes Back: Work Stoppages Of The Future

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In 2018, strikes appeared to be everywhere: from fast food restaurants to Google, statehouses to schoolhouses. After decades of declining strike activity, workers took to the streets on a magnitude not seen in recent memory....more

Proskauer - Labor Relations Update

Thorough Employer Investigation Helps Establish Employer’s “Honest Belief” of Employees’ Picket Line Misconduct

Proskauer - Labor Relations Update on

The Board is now operating at a full complement and is issuing decisions on a fairly regular basis. Nothing earth shattering in terms of law (which is kind of a relief) but there are some interesting issues worth discussing....more

Smith Anderson

"May Day" Demonstrations are Imminent: Lawful Employer Responses to Advocacy

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According to leaders of the Service Employees International Union, the Food Chain Workers Alliance, the Rural Community Workers Alliance and other labor groups, upwards of 350,000 workers are planning on striking or...more

Constangy, Brooks, Smith & Prophete, LLP

Q And A About Employee “Political Protest” Strikes

Constangy, Brooks, Smith & Prophete, LLP on

We reported yesterday on the immigrant strikes expected nationwide today and tomorrow, and whether the strikers are protected under the National Labor Relations Act. Here is a more in-depth look at the issue. Q-This week...more

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