Just before Labor Day, the National Labor Relations Board issued an employee-friendly decision in Miller Plastic Products, Inc., likely broadening what will now constitute protected, “concerted activity” under Section 7 of the NLRA.

The Board overruled the Alstate Maintenance decision (2019), which had adopted a checklist-based test for defining protected “concerted activity,” finding it too narrow and constrained. Instead, the Board held that “the question of whether an employee has engaged in concerted activity is a factual one based on the totality of the record evidence.”

The decision emphasizes a blurring distinction between when an employee is engaging in concerted activity as opposed to merely expressing an individual gripe, which is not protected under Section 7 of the NLRA.

See the Board’s full decision below.

https://media.licdn.com/dms/document/media/v2/D4D1FAQEvJWlOW_KarA/feedshare-document-pdf-analyzed/feedshare-document-pdf-analyzed/0/1694102248945?e=1782950400&v=beta&t=kfkIg5r6IUOcIs71pbpdwoSKo8LAgBB1HC7N91zIHs8