Protected Concerted Activity

As a recruiter, hiring manager, or HR professional, it's essential to be knowledgeable about the rights and protections of employees. Protected Concerted Activity is one such legal term that you need to be familiar with. In this article, we will delve into the meaning of Protected Concerted Activity, its importance in the workplace, and how it can impact your hiring and management practices. So, let's dive in and demystify this crucial term in the HR world.

Definition of Protected Concerted Activity

Protected concerted activity refers to a legal concept that provides certain rights and protections to employees when they engage in collective action to improve their working conditions. This activity is protected under labour laws, specifically the National Labor Relations Act (NLRA) in the United States. It allows employees to join together in discussing, and taking action, on a wide range of work-related issues, even if they are not represented by a union.

Benefits of Protected Concerted Activity

1. Collective Bargaining Power: By engaging in protected concerted activity, employees gain collective bargaining power. They have the ability to negotiate with their employer for better wages, improved benefits, and safer working conditions. This collective strength can lead to more favourable outcomes compared to individual negotiations.
2. Workplace Democracy: Protected concerted activity fosters a sense of workplace democracy. It allows employees to voice their concerns and opinions collectively, ensuring that their voices are heard and considered when decisions affecting their working conditions are being made.
3. Strengthened Employee Unity: By engaging in collective action, employees can build stronger relationships and unity amongst themselves. This can lead to a more supportive work environment and a stronger sense of camaraderie among colleagues.

How Protected Concerted Activity Is Protected under Labour Laws

1. Right to Discuss Work Conditions: Employees have the right to discuss their wages, benefits, working hours, and other terms and conditions of employment with their coworkers, both inside and outside of the workplace, without fear of retaliation.
2. Right to Organize: Employees have the right to join or form a union, as well as the right to engage in activities aimed at supporting or advancing their union's interests. This includes efforts to recruit new members, distribute union literature, and participate in union meetings.
3. Protection against Retaliation: Employers are prohibited from taking retaliatory actions against employees who engage in protected concerted activity. This includes actions such as termination, discrimination, harassment, or any other adverse employment actions.
4. Legal Remedies: If an employer violates an employee's rights to engage in protected concerted activity, the employee has the right to file a complaint with the National Labor Relations Board (NLRB). The NLRB has the authority to investigate and take appropriate legal action against the employer to remedy the violation.

Conclusion

In conclusion, protected concerted activity refers to the right of employees to engage in collective actions, discussions, or protests regarding their working conditions or terms of employment without the fear of retaliation from their employers. This includes activities such as organizing, discussing wages, and addressing workplace grievances. Understanding and respecting the concept of protected concerted activity is crucial for both employers and employees to foster a fair and productive work environment.