Union Activity Retaliation Attorney

The National Labor Relations Act (29 U.S.C. § 157) protects employees' rights to organize, form or join unions, bargain collectively, and engage in "protected concerted activity" — which includes discussing wages, working conditions, and workplace concerns with coworkers. These protections apply to all private-sector employees, including those who are not in unions.

Protected concerted activity is action taken by two or more employees (or by one employee on behalf of others) to address workplace concerns. This includes discussing wages, circulating petitions, posting about working conditions on social media, walking off the job to protest unsafe conditions, and refusing to work mandatory overtime as a group. Individual griping may not be protected, but collective action is.

File an unfair labor practice (ULP) charge with the National Labor Relations Board (NLRB) within six months of the retaliatory action. The NLRB will investigate and, if it finds merit, prosecute the charge before an administrative law judge. Remedies include reinstatement, back pay, and cease-and-desist orders. In some cases, the employer may also be ordered to recognize the union.

Employers may express opinions about unionization but cannot Threaten employees, Interrogate them about union activities, Promise benefits to discourage organizing, or Surveil union activities (the "TIPS" rule). Violations of these rules are unfair labor practices. California and New York also have state labor relations laws providing additional protections for certain workers.