• The NLRB Strikes Again: Protected Concerted Activity in Workplace Investigations and Employment-at-Will
  • October 17, 2012 | Authors: Sarah E. Pawlicki; James B. Yates
  • Law Firm: Eastman & Smith Ltd. - Toledo Office
  • In recent years, the National Labor Relations Board (NLRB) made headlines with its application of “protected concerted activity” under the National Labor Relations Act (NLRA) to social media in the workplace. Since then, union and union-free employers repeatedly have been warned that disciplining an employee engaged in protected concerted activity (which has been defined broadly by the NLRB) even if that activity takes place on social media, violates the NLRA. Recently, the NLRB again has signaled its intention to continue expansively interpreting and aggressively enforcing the provisions of the NLRA, particularly against non-union employers, by targeting common employment-at-will and workplace investigation policies. In two recent decisions, an administrative law judge (ALJ) and the NLRB held these standard policies infringe upon protected concerted activity and are unlawful.