Determine if a Non-Union Employee's Activity Is Protected Under the NLRA
When to Use This Flowchart
Use the Determine if a Non-Union Employee's Activity is Protected Under the NLRA flowchart to determine whether a non-union employee's activity is protected under the National Labor Relations Act (NLRA).
An employer faced with the decision of whether to discipline or terminate an employee for engaging in a certain activity must understand the critical factors in determining whether the activity is, in fact, protected under the NLRA. As these determinations depend heavily on the facts of each case, the employer must determine whether the individual is indeed covered by the NLRA since specific individuals are excluded from coverage before it turns to whether the activity in question is deemed protected. These protections may extend to typical everyday activities, so it is critical for the employer to be aware of the particular issues involved before taking action against an employee.
This flowchart is valuable for employers in order to understand the scope and coverage of the NLRA. Most important, however, it is critical in helping an employer identify the types of employee activity that is protected under the NLRA. Following the steps in this flowchart will also guide an employer in the ways to avoid interfering with employees' rights which may potentially help it avoid an unfair labor practice charge or other enforcement actions by the National Labor Relations Board (NLRB).
- Determine if the organization is considered an "employer" under the NLRA
- Is the individual an independent contractor?
- Was the activity concerted?
- Was the activity protected?