Retaliation for Protected Activity Under the National Labor Relations Act

Under the National Labor Relations Act (“NLRA”), it is illegal for a union or a private employer to interfere with or retaliate against employees for exercising their rights to unionize and/or engage in concerted activity.  Concerted activity is defined as the engagement “with or on the authority of other employees, not solely by and on behalf of the employee himself.”[1]  It can include multiple or a singular employee advocating on behalf of other employees.  The NLRA applies to union members, and in certain circumstances, to non-union members.

For example, an employee may have a claim for interference under the NLRA, if an employer promises an employee benefits for not joining a union or threatens an employee if they join one.  Also, an employee may have a retaliation claim under the NLRA if an employee is subject to adverse employment actions after that employee joins a union or complains on behalf of others concerning workplace conditions, including but not limited to, pay, hazardous conditions, hours, or scheduling.  Further, an employee may have a claim for interference if an employee is subject to adverse employment actions for participating in union activities such as elections or meetings.  Adverse employment actions can include, but are not limited to, demotion, pay decrease, schedule changes and termination of employment.  The first two example includes circumstances where a non-union member may be covered under the NLRA.

Additionally, an employee who believes either their union or employer is in violation of the NLRA may file a complaint with the National Labor Relations Board.

If you believe you may have been a victim of interference or retaliation under the NLRA you should speak to an experienced New York employment law attorney, as your employer or union may be in violation of this law.  To learn more or to schedule a consultation to discuss your situation, contact Borrelli & Associates, P.L.L.C. for a free consultation.

[1] Interfering with employee rights (Section 7 & 8(a)(1)), https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/interfering-with-employee-rights-section-7-8a1#:~:text=Who%20We%20Are-,Interfering%20with%20employee%20rights%20(Section%207%20%26%208(a)(,the%20exercise%20of%20their%20rights.