Pay Talk Lacking Solidarity Still Protected, NLRB Memo Says

Law360 (October 21, 2019, 9:23 PM EDT) -- A Gallup employee engaged in protected group activity when discussing pay with co-workers even though none of those colleagues joined in on the worker’s complaints, the National Labor Relations Board’s advice division said in one of four guidance memorandums unveiled Friday.

The memos — which include disputes over joint employer status at a Bimbo Bakeries facility and a union official’s collection of signatures in a Kroger store’s parking lot — were penned by Jayme L. Sophir, the former head of the NLRB’s Division of Advice, and Barry J. Kearney, who earlier headed the division. All four memos stem from NLRB cases...

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