The Source of the Employee’s Right
The National Labor Relations Act (“NLRA”) mandates that employees shall have the right to engage in concerted activities for the purpose of mutual aid or protection. This includes when two or more employees address their employer about pay. It also includes when two or more employees act together to improve working conditions. Even employees not represented by a union have rights under the NLRA.
The Enforcement of the Right by LaBar & Adams, P.A.
Our Employment Lawyers have filed charges with the National Labor Relations Board (NLRB) on behalf of a class of Employees. In one such case, the work conditions that the employees were required to endure were dangerous and deplorable. The employer had policies that prevented the employees from discussing the terms and conditions of their employment. It also had policies against discussing with one another or collectively engaging the employer in betterment of the work environment. The enforcement of these polices resulted in the employees having to endure tremendous hardship for many years.
The Employment Lawyers at LaBar & Adams, P.A. argued at the NLRB that:
- the Employer’s policies deterred Employees from engaging in concerted activity and
- when implemented, the Employer’s policies prevented the Employees from engaging in concerted activity.
The Outcome of the Enforcement of the Right by LaBar & Adams, P.A.
The NLRB agreed with the Employment Lawyers at LaBar & Adams, P.A. It entered a consent decree that required the employer to rescind all policies that deterred and/or prevented the employees from engaging in concerted activity. The employer was required to post Notices on its premises stating that such polices were revoked and that the employer would not prevent the employees from engaging in concerted activity any longer. Finally, the employer was required to mail the Notice to all Employees indicating that they were not prevented from engaging in concerted activity and that the employer would no retaliate against them for engaging in such activity.
The Employment Lawyers at LaBar & Adams, P.A. are committed to ending deplorable workplace conditions. We are committed to ensuring that no employee is the victim of an unfair labor practice. So if you believe you have been a victim of an unfair labor practice or your employer has policies that prevent you from engaging in concerted activities, please contact the employment lawyers at LaBar & Adams, P.A. in Orlando at 407-835-8968 or fill out the online form located on our website.