Louis Cannon of Baker Donelson. Courtesy photo NLRB Expands Definitions of 'Protected' and 'Concerted' and Expands Coverage of the National Labor Relations Act
These decisions are the latest in a continued series of recent NLRB opinions encroaching upon nonunion employers' ability to manage their businesses. This client alert explains the importance of these developments and what employers should do now.
September 20, 2023 at 09:00 AM
6 minute read
Contributors
On Aug. 31, 2023, the National Labor Relations Board (NLRB or the board) issued a pair of decisions that continue the agency's recent trend of broadening the reach of the National Labor Relations Act (NLRA). With these two decisions, the board has lowered the bar for what is "concerted" and what is "protected" within the meaning of the NLRA. Many nonunion employers are surprised to learn that the NLRA applies to their management of their employees, particularly, the regulation of employee conduct. Since its inception, the NLRA has protected "protected, concerted activity" (PCA) aimed at addressing issues of shared concern among employees, such as safety concerns, pay issues, or even the administration of existing work rules.
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Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
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