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> Employees have an affirmative _right_ under the NLRA to join together and engage in "concerted activity" to advocate for their interests and to do so without

> Employees have an affirmative _right_ under the NLRA to join together and engage in "concerted activity" to advocate for their interests and to do so without interference or coercion from their employer. For discussing working conditions like better pay, better benefits, etc. Not for getting on a soapbox and proclaiming that your employer is being morally bad. Yes, it absolutely does matter whether the employees are talking about sexual harassment vs. making moral criticisms of Google.

elliekelly 8y ago
> Not for getting on a soapbox and proclaiming that your employer is being morally bad. Criticizing management (for example, for soliciting and accepting government contracts) and advocating for change to company policy (for example, to no longer sell controversial technology to government entities) is well-established protected concerted activity. Additionally, political speech (for example, "we don't support selling controversial technology to government entities") is also protected when there is a direct nexus between the political speech and the employees' interests "as employees." (The NLRB was feeling lazy the day they came up with that definition...) Recently the NLRB ruled that a company wrongfully fired employees in retaliation for missing work to attend a pro-immigration protest. IIRC the company hadn't even taken any actions against the employees (or in general) that could be considered "anti immigration" but their group attendance of the protest was protected concerted activity.[1] And the employees in that case missed their shifts at work (generally a fireable offense) and they weren't even criticizing management - they were criticizing the federal government. [1] [PDF Download] https://apps.nlrb.gov/link/document.aspx/09031d458270d0e8 https://apps.nlrb.gov/link/document.aspx/09031d458270d0e8
- manfredo 8y ago
  You should read your link in greater detail. The NRLB recommended taking the employer to court in that case, but we'd have to see how that case plays out to know whether firing employees for skipping work to attend a protest is not legal. The NRLB is quasi-judicial, their word is not law.

elliekelly 8y ago

> Not for getting on a soapbox and proclaiming that your employer is being morally bad. Criticizing management (for example, for soliciting and accepting government contracts) and advocating for change to company policy (for example, to no longer sell controversial technology to government entities) is well-established protected concerted activity. Additionally, political speech (for example, "we don't support selling controversial technology to government entities") is also protected when there is a direct nexus between the political speech and the employees' interests "as employees." (The NLRB was feeling lazy the day they came up with that definition...) Recently the NLRB ruled that a company wrongfully fired employees in retaliation for missing work to attend a pro-immigration protest. IIRC the company hadn't even taken any actions against the employees (or in general) that could be considered "anti immigration" but their group attendance of the protest was protected concerted activity.[1] And the employees in that case missed their shifts at work (generally a fireable offense) and they weren't even criticizing management - they were criticizing the federal government. [1] [PDF Download] https://apps.nlrb.gov/link/document.aspx/09031d458270d0e8 https://apps.nlrb.gov/link/document.aspx/09031d458270d0e8

manfredo 8y ago
You should read your link in greater detail. The NRLB recommended taking the employer to court in that case, but we'd have to see how that case plays out to know whether firing employees for skipping work to attend a protest is not legal. The NRLB is quasi-judicial, their word is not law.