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Understanding when Federal Employments Laws May Apply
National Labor Relations Act, 29 U.S.C. §§ 141-187 (2000)
¨ Authorizes employees to form unions for collective bargaining and engaging in “protected concerted activity” ¨ Prohibits employers from prohibiting exercise of rights or engaging in conduct that may have a “chilling effect”
¨ Applies to employers with $50,000 in annual business ¨ Applies to private employers operating on or near reservations
¨ NLRA is silent as to Indian tribes , but it does exempt, federal, state and local governments
Understanding when Federal Employments Laws May Apply
National Labor Relations Act, 29 U.S.C. §§ 141-187 (2000) (cont.) ¨ “Protected concerted activities” include: ¤ 2+ people acting together to improve working conditions/wages ¤ Can include 1 person if involved with others before taking additional steps ¤ Does not require membership in a union ¨ Examples of Protected Concerted Activities: Social media comments, sharing certain confidential info (wages, etc.), rules restricting criticism of management, rules requiring being “respectful”, rules prohibiting resistance to work directives and discipline ¨ Not included: reckless or malicious behavior ( e.g. , sabotaging equipment, lies about product, revealing trade secrets, hate speech – maybe)
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