In an August 25 decision on Miller Plastics, the National Labor Relations Board (NLRB) has again modified the standards by which individual employee complaints are viewed as protected concerted activity. According to Section 7 of the National Labor Relations Act, this shift would potentially categorize more grievances in both unionized and non-unionized workplaces as protected concerted activity.
The NLRB’s movement overturns an employer-friendly precedent set in 2019 that outlined a clear checklist of factors, helping one determine whether grievances raised by an individual fall under protected concerted activity.
This latest development now seems more likely to tip the scales in favor of employees.
The protected concerted activity clause ensures that employees have the collective rights to address or negotiate the terms and conditions of their employment. By deeming individual complaints as protected activity, the NLRB ensures greater employee protection in a bid to help foster a more equitable workplace. However, detractors argue that this could potentially lead to increased petitiveness and grievance airings.
Despite these concerns, this development signals a potentially significant shift in how the NLRB views and treats individual employee complaints. Legal professionals, corporations, and law firms should keenly monitor these developments and adjust their internal workplace policies accordingly. In particular, reconsidering how they manage and react to individual grievances may be crucial in this changing regulatory landscape.
For more in-depth information about the NLRB’s decision on Miller Plastics and its impact, refer to the detailed report by Fisher Phillips, available here.