Article by Richard M. Schall originally published in the New Jersey Labor and Employment Law Quarterly Vol. 38, No. 1/October 2016
While the right of employees to engage in ‘concerted activities’ has been protected under the National Labor Relations Act since its passage by Congress in 1935, this right—set out in Section 7 of the act—is often thought to apply only to employees who seek to form a union or those already in a union. However, the Section 7 rights of employees to engage in “concerted activities”1 is not so limited, and, recently, the National Labor Relations Board (NLRB) appears to be putting some real teeth into enforcement of this right on behalf of those employees who are otherwise at-will.2 For practitioners who represent the at-will employees of the world (or the employers of at-will employees), it’s time to pay attention to this development.
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