Gordon Rees Scully Mansukhani Atlanta Partner Chad Shultz and Houston Senior Counsel Robin Foret recently prevailed before the National Labor Relations Board (“NLRB”). The employee filed an Unfair Labor Practices Charges (“ULP”) under Section 8(a)(1) of the National Labor Relations Act (“NLRA”) alleging his Section 7 rights under the NLRA, 29 U.S.C. Sec. 157, were violated. The employer was not a unionized company/shop. However, Section 7 of the NLRA protects all employees who participate in “protected concerted activity,” which includes discussions with other employees about wages, hours, or other terms and conditions of employment.
The employee claimed that he was demoted and then terminated after participating in “protected concerted activity.” The protected activity allegedly involved his requesting an increase in wages for himself and a few other employees.
The NLRB dismissed the ULP actions finding that the employee did not present sufficient evidence of any violation of the NLRA. The employee’s claim failed because: (1) the employee was a supervisor under the NLRA and not entitled to Section 7 protections; and (2) simply asking management for raises for himself and some other employees did not constitute “protected concerted activity.”
The firm is pleased to share this positive outcome.