In a landmark decision on August 31, 2023, the National Labor Relations Board (“NLRB” or “Board”) embarked upon an expansion of what is recognized as the “protected concerted activity” under the umbrella of the National Labor Relations Act (“NLRA” or the “Act”). As reported on JD Supra, the move has significant implications for employees’ rights within the workplace setting.
Section 7 of the NLRA, tasked with safeguarding employees’ entitlement to engage in concerted activities for the express aim of mutual aid or protection, had its bounds stretched in what many are considering an important development for workers. This section governs what is traditionally referred to as “protected concerted activity” or “PCA”, and historically, its provisions have been under near constant interpretation and debate.
Prior to this recent decision, the understanding of PCA had been more limited in scope and focused primarily on group activities. The NLRB’s broadened interpretation now takes into account activities carried out by individual workers, provided they are executed with the intention of inducing group action, or as a reaction to matters which affect the workforce as a whole.
The implications of this decision for legal professionals working within corporations and large law firms are manifold. Companies must now give due consideration to what could constitute protected concerted activity under the NLRA to avoid running afoul of this newly broadened interpretation. Likewise, law firms will need to take into account this development during their deliberations, negotiations, and advice to clients, lending a new layer to the considerations within the field of labor law.
This development, spearheaded by the NLRB, continues to underscore the critical role the Board plays in shaping the scope and application of labor rights within the United States. As the landscape of labor law transforms, maintaining an up-to-date understanding remains crucial for law professionals navigating this complex and ever-changing field.