Sunday, September 24, 2000

Dealers are asking:

  Dealers are asking, what is "concerted activity" and what does it mean to me? What are my rights in the workplace? Can management use terror tactics to prevent me from speaking out?

  The answers are contained in the National Labor Relations Act (NLRA) that, among other things, protects certain activities undertaken by employees acting together. This is called concerted activity. Workers, acting together---discussing job issues, passing around literature, jointly deciding courses of action to improve working conditions---are engaging in protected activities under the law. 
  
  It is not necessary for all this activity to have unionization as a goal. Even if the workers simply want to improve their working conditions on their own, it would still be protected activity. However, the most vehement opposition by management to the assertion of these rights by employees happens only when their goal is to unionize.

  It is important to know the reason why they use the word "concerted." The law offers protection only when two or more individuals jointly seek to improve their lot. It does not protect an individual who acts alone. So if one person is harassed about taking legitimate sick time and that person talks with other workers about it and they jointly communicate their feelings to management, it is concerted activity, and therefore, a protected activity. If that same person acts alone, the activity is not protected by the law.

  The NLRA covers many things, but for now we want to focus on two areas, i.e. workers rights and prohibited acts by management.  Workers have the right to self-organize. They can form, join or assist a union.

  They can also engage in concerted activity with their fellow employees even if they are not going the union route. A group of employees, for example, might take steps to formulate a position so they may meet with management to discuss the sick time policy.

  It all goes back to the idea that employees have the right to aid and protect each other in their drive to improve their working conditions. This is all protected activity under the law.

  Now lets look at the other side of the coin. The law prohibits the bosses from interfering with the workers in any way in their quest for job improvement. They cannot restrain, threaten, spy upon, or set up snitch networks with the intention of coercing or instilling fear in workers to deter their union or job-improving activities.

  They may try to use the red herring of searching a locker to look for drugs or other illegal material, when in fact, they are only looking for union pamphlets. These methods have been tried by management many times before, but the courts are wise to these tactics and they usually fail.

  When management holds special meetings and establishes a policy that requires floor supervisors and other management types to spy on dealers and report "union talk" or the presence of union or "job-issue" pamphlets to Security or Human Resources so they can send their goon squads in to snatch up the material, they are breaking the law.

  These measures by an out-of-control employer are nothing more than acts of coercion and intimidation against workers who are simply trying to exercise their rights under the law, but the courts are wise to these tactics and they usually fail.

  These prohibited acts by management are unlawful. The law calls them unfair labor practices. The National Labor Relations Board (NLRB), who administers the law, can issue and hear complaints against employers who have committed prohibited acts. If the facts support the allegations, cease and desist orders are issued and actions taken against the affected employees are reversed.

  The point is that the law allows, encourages and protects workers who stand together to improve their working conditions, and at the same time it prevents management from interfering with these precious rights.

Jack Lipsman, NFGE 
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