NLRB launches webpage describing Protected Concerted Activity

[Omaha Steve]

Source: NLRB

The National Labor Relations Board today made public a webpage that describes the rights of employees to act together for their mutual aid and protection, even if they are not in a union.

The page, at www.nlrb.gov/concerted-activity, tells the stories of more than a dozen recent cases involving protected concerted activity, which can be viewed by clicking points on a map. Among the cases: A construction crew fired after refusing to work in the rain near exposed electrical wires; a customer service representative who lost her job after discussing her wages with a coworker; an engineer at a vegetable packing plant fired after reporting safety concerns affecting other employees; a paramedic fired after posting work-related grievances on Facebook; and poultry workers fired after discussing their grievances with a newspaper reporter.

Some cases were quickly settled after charges were filed, while others progressed to a Board decision or to federal appellate courts. They were selected to show a variety of situations, but they have in common a finding at some point in the NLRB process that the activity that the employees undertook was protected under federal labor law.

The right to engage in certain types of concerted activity was written into the original 1935 National Labor Relations Act’s Section 7, which states that: “Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities.”

That right has been upheld in numerous decisions by appellate courts and by the U.S. Supreme Court over the years. Non-union concerted activity accounts for more than 5% of the agency’s recent caseload.

“A right only has value when people know it exists,” said NLRB Chairman Mark Gaston Pearce. “We think the right to engage in protected concerted activity is one of the best kept secrets of the National Labor Relations Act, and more important than ever in these difficult economic times. Our hope is that other workers will see themselves in the cases we’ve selected and understand that they do have strength in numbers.”

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Read more: http://www.nlrb.gov/news/nlrb-launches-webpage-describing-protected-concerted-activity

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Copyright exempt

June 18, 2012
Contact:
Office of Public Affairs
202-273-1991
[e-mail]
www.nlrb.gov

[loudsue]

1. In "right to work" states, you can get fired for NO REASON,

and most certainly WILL get fired if you are doing some of the "permitted" things listed here. They'll just tell you they don't need you anymore, and you're gone. Proving it has something to do with standing up for yourself is nearly impossible.

[Omaha Steve]

3. I was fired in a "Right to Work Sate" in 1980 for protected activity and WON in US Court

PDF: Board Decision for 17-CA-009763

Click document at the bottom: http://www.nlrb.gov/case/17-CA-009763#activity

[Sherman A1]

2. Thanks for posting!

[MannyGoldstein]

4. Fantastic! FDR's legacy lives on. nt

[bighughdiehl]

5. I'm waiting.....

for the right to have a shit fit over this....while, of course, their cigar-chomping, golf playing,
coke-snorting, filet-mignon eating puppetmasters do plenty of things together for mutual
benefit. Only working people are not allowed to...well...WORK together for mutual benefit.

[freshwest]

10. That's the issue, isn't it? Corporations are entities formed by those promoting their own interests.

They have physical properties as flesh and blood people do, ideas such as flesh and blood people do and also energy such as flesh and blood people.

So why shouldn't they be allowed and called corporations as well, negotiating for their just reward or profit from expending their time, energy and literally work as it is defined in physics?

Steve, what about being incorporated? Are unions legally considered to be incorporations with similar rights?

[attackmom]

6. Would welcome any advice

Filed an unfair labor practice charge late January 2012 (Region 01 - Boston). NON-UNION COMPANY. My husband was an exemplary employee. Worked very hard as a driver. Never called in sick, never got injured, worked OT whenever the company called. Made very good $$$. Over the course of about 6 months started speaking out on behalf of other employees about working conditions, OT pay, etc., Spoke with other drivers about the need to stick together, etc. Had not yet contacted a union because prior union efforts had been squashed. Long story short, company ended up firing him over a paper Dept of Transportation log. Completely bogus charge. Investigation done by Region 01 and charge found to NOT have merit. Investigation was done very poorly. We appealed to Appeal Board and case sent back to Region. Affidavits taken by Region from two witnesses friendly to us are horrible. Examiner who took affidavits wrote what she wanted, left out what she wanted and put her own spin on our case. Region informed us last Thursday they were finished with their investigation and were sending everything back to Appeals (without even getting back the signed affidavit from our 2nd witness). I need to know if anyone has any advice.

Also, because this is a non union facility, it has been hard to get any drivers still employed to give a statement on our behalf because they are terrified of retaliation. Fired drivers no problem. LOL. Thanks.

[MADem]

7. Has he reached out to any union reps/leaders and asked for advice? They might jump in on principle.

How about legal aid? Maybe someone from this shop could help you?

http://www.vlpnet.org/

[Omaha Steve]

8. I'm working on it!

[elleng]

9. “A right only has value when people know it exists."