NLRB Is Showing More Interest In Nonunion Employers

Law360, New York (January 16, 2015, 7:36 AM EST) -- It wasn’t too long ago that the National Labor Relations Board rarely concerned itself with the policies and practices of nonunionized employers, particularly when union activity, such as organizing activity, otherwise was not present in the workplace. Lately, though, the NLRB is applying what were often regarded as virtually dormant legal concepts to the nonunionized workplace.

Section 7 of the National Labor Relations Act, which provides that employees have a legal right to engage in “concerted activities for the purpose of ... mutual aid or protection,” is the wellhead from which the NLRB's heightened interest in nonunionized workplaces springs. “Concerted activities” is...

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