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NLRB Hits Ceiling in Continual Push to Expand Scope of Protected Concerted Activity


Whether the National Labor Relations Board (NLRB) is issuing rulings invalidating employee handbook policies that encourage civil behavior among employees or attempting to get discharged employees reinstated after profanity-laced Facebook rants against their supervisors, the board seems determined to push the limits of what can be considered “protected concerted activity” under the National Labor Relations Act (NLRA). Regardless of whether an employer is a union shop or not, under the NLRA employers may not take adverse action if the employee’s conduct qualifies as protected concerted activity, which has traditionally been defined as when two or more employees take action for their mutual aid or protection regarding terms and conditions of employment. Continue reading this post on the BT Currents Employment blog.


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