Protected Concerted Activity in the Non-Union Context: Limitations on the Employer's Rights to Discipline or Discharge Employees

43 Pages Posted: 2 Nov 2014

See all articles by Judith J. Johnson

Judith J. Johnson

Mississippi College - School of Law

Date Written: 1978

Abstract

This article is devoted to the situation in which there is no union or union organizational activity. It should be recognized that since the National Labor Relations Act does not distinguish between the statutory rights of union and non-union employees, many of the cases involving the protected concerted activities of union members are persuasive, if not being, authority in the non-union context. The limitations placed by the Act on employers' rights will be delineated by an examination of the four factors upon which the courts have placed emphasis - definition of the term "concerted," proper purposes of concerted activity, the type of concerted activity involved, and the ways that a protected activity may lose its protection.

Keywords: National Labor Relations Act, Employer, Employee, Discharge, Concerted Activity

Suggested Citation

Johnson, Judith J., Protected Concerted Activity in the Non-Union Context: Limitations on the Employer's Rights to Discipline or Discharge Employees (1978). Mississippi Law Journal, Vol. 49, p. 839, 1978; Mississippi College School of Law Research Paper. Available at SSRN: https://ssrn.com/abstract=2517468

Judith J. Johnson (Contact Author)

Mississippi College - School of Law ( email )

151 East Griffith Street
Jackson, MS 39201
United States

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