Does a non-union employee have rights under the National Labor Relations Act (NLRA)?

Author: Melissa Gonzalez Boyce, XpertHR Legal Editor

An employee, union or non-union, has the right to participate in protected concerted activity under Section 7 of the NLRA regardless of whether any union activity or collective bargaining is involved. To be considered protected under the NLRA, the activity by two or more employees (or one employee acting on behalf of a group) must be engaged in for employees' mutual aid or protection, such as activity to improve working conditions or to bring truly group complaints to the attention of management or the National Labor Relations Board. If the employee(s) engages in reckless or malicious behavior such as threatening or engaging in violence, sabotaging work equipment, or lying about a product, an otherwise protected activity may lose its protected status.