Legal Definitions - concerted activity

Concerted activity refers to actions taken by two or more employees, or by a single employee acting on behalf of others, to address issues related to their terms and conditions of employment. These issues can include wages, benefits, safety, work rules, or any other aspect of their work environment.

This type of activity is protected under the National Labor Relations Act (NLRA), meaning employers generally cannot discipline, fire, or otherwise retaliate against employees for engaging in it. While often associated with union organizing efforts, concerted activity does not require union involvement. It simply means employees are acting together, or one employee is acting with the authorization of others, to improve their collective situation at work.

Here are some examples illustrating concerted activity:

• Example 1: Addressing Safety Concerns

  A group of construction workers on a job site notices a recurring issue with a particular piece of heavy machinery that frequently malfunctions, creating a significant safety hazard. They collectively decide to draft a formal letter to their supervisor and the project manager, detailing the incidents and requesting immediate maintenance and a review of safety protocols for that equipment.

  This is concerted activity because multiple employees are acting together to address a shared concern about their working conditions (safety). Their joint action to formally communicate the issue to management is protected under the law.

• Example 2: Advocating for Better Scheduling

  Employees at a busy restaurant are frustrated by a new company policy that frequently changes their work schedules with very short notice, making it difficult to plan their personal lives. Five employees meet during their break to discuss the issue and agree that one of them, Maria, will present their collective concerns to the restaurant manager, asking for more predictable scheduling or a minimum notice period for schedule changes.

  Even though only Maria directly approaches management, this is concerted activity because she is acting on behalf of a group of employees who have collectively decided to address a shared issue related to their working conditions (scheduling and work-life balance). The employees' joint decision and Maria's subsequent action are protected.

• Example 3: Seeking Improved Benefits

  After discovering that several competing companies offer more comprehensive health insurance plans, a small team of software developers at a tech startup discusses this disparity. They then collaboratively prepare a proposal outlining the benefits of an improved health plan for employee retention and morale, which they present to their Human Resources department.

  This constitutes concerted activity because multiple employees are working together to advocate for an improvement in their terms of employment (benefits). Their joint effort to research, prepare, and present the proposal to management is protected.