The Act aims to extend the full right to freedom of association to employees seeking to unionize their workplace, or take group action to address conditions of their employment.
An individual employee who seeks to enforce a collective bargaining agreement will generally be deemed to be engaged in concerted activity.
[15] An individual employee who seeks to enforce the terms of a collective bargaining agreement is usually found to be engaged in concerted activity.
[15] A National Labor Relations Board decision from February, 2024, protected an employee's right to wear a Black Lives Matter pin while on the job.
[17] Employees supporting political or social rights during work hours is not inherently protected concerted activity.
[18] In this case, the employee's refusal to remove the Black Lives Matter pin was related to prior concerns about racial discrimination in their workplace.
Wearing the pin was an employee action to bring group concerns to the attention of the employer and so it was protected concerted activity.
[19] The General Counsel of the National Labor Relations Board has often taken the position that employee conversations about common workplace issues which make use of social media such as Facebook and Twitter are protected against retaliation.
Consequently, in recent years, the General Counsel of the National Labor Relations Board has often taken the position that employee conversations about common workplace issues which make use of social media such as Facebook and Twitter are protected against retaliation.