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
Date Written: 1978
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
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