Legal professionals working in corporations and law firms ought to be aware of recent changes to the National Labor Relations Act (NLRA) that creates increasing uncertainty for employers. This pertains specifically to an expansion of what is encompassed by protected employee concerted activity under Section 7.
According to a recent article posted on JDSupra by Venable LLP, employers are struggling to keep up with recurring modifications to Section 7. It guarantees employees “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.”
This expansion of protected employee ‘concerted’ activity is a vitally relevant issue for lawyers specializing in labor and employment law, as well as for in-house legal counsel carefully navigating corporate policy in compliance with the NLRA.
The term ‘concerted activity’ refers to any form of activity by employees that is intended for their mutual aid or protection. Historically, it has been defined in relation to collective union activity, but recent developments and interpretations of the NLRA have extended the concept beyond explicitly organized actions. As such, corporate legal teams need to be aware of the new boundaries that now apply.
However, the precise parameters of these modifications to ‘concerted activity’ remain unclear, creating significant uncertainty for employers. It’s essential to monitor updates, judicial interpretations, and regulatory inputs to ensure compliance with ever-evolving NLRA provisions.
Navigating the shifting landscape of employment and labor law is a complex task. The change signifies the need for employers, and the legal professionals advising them, to be even more strategic and thorough when developing policies involving employee rights. This latest twist in concerted activity jurisprudence yet again proves the fluidity of legal interpretation, highlighting the need for a proactive approach to legal compliance in the corporate world.