Inherently Concerted Activities

On March 31, 2021, Peter Sung Ohr, Acting General Counsel (GC) of the National Labor Relations Board (NLRB or Board) issued a Memorandum (GC 21-03) to all NLRB Regional Offices outlining his perspective regarding the prosecution of charges involving whether certain employee conduct constitutes protected, concerted activities.  The GC Memorandum is of significance to all employers because of the breadth of the concept of what constitutes protected, concerted activity expressed by the GC, as the chief NLRB prosecutor. It is clear from the Memorandum that an increase in the issuance of complaints can be expected, based on allegations that unfair labor practices were committed by employers because employees’ conduct or activities constituted protected, concerted activities. For more information, see here.

 

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