For generations, employees have sought ways to improve their working conditions and wages. Many industries have formed unions to protect these rights, but even in non-union organizations, employees often work together to improve their jobs. The right of employees to collaborate to improve their conditions is protected by law under the National Labor Relations Act (NLRA). Businesses sometimes encounter lawsuits for violating this law if they terminate employees based on what may be construed as concerted activity.
Concerted activity describes actions and discussions taken by employees to improve their wages or working conditions. Employers must review this law and understand what behaviors fall under its legal boundaries to avoid accidental violations. Nearly two-thirds of employees who went to court over termination, claiming it violated the NLRA, won reinstatement.
Companies must thoroughly understand what restrictions they can and cannot place on their employees. Here’s what businesses should know about building a positive organizational culture and managing concerted activity effectively in the workplace.
Creating an atmosphere of open communication, where employees feel they can freely approach management with their concerns, is central to fostering a positive work environment. When employees believe they can openly and freely negotiate with those in charge, you have happier employees and reduce the risk of damaging rumors and unlawful terminations.
To build this type of environment, consider the following strategies:
In addition to creating an environment conducive to open communication, businesses must fully understand their legal obligations regarding concerted activity.
The most important point to remember is that companies cannot take retaliatory measures against those who have participated in concerted activity. Businesses cannot reduce pay or terminate someone because they were involved in any activity that the law deems protected. Identifying concerted activity can include:
These guidelines mean that activities such as complaining about the company on a social media site or discussing working conditions with the media can both be protected activities. Businesses encountering potential concerted activity should consult with a lawyer before taking any punitive actions.
Handling concerted activity can be a careful balancing act for businesses, so it helps to have a clear plan for dealing with it and fostering positive, beneficial discussions that help everyone.
Create clear policies that outline employee rights and the types of activities protected as concerted activities. Ensure that everyone at the company is familiar with these internal policies.
Offer training to managers and supervisors to help them understand concerted activity and how to handle it legally. They should also have a good understanding of employee rights.
Use open communication strategies to encourage employees to participate in decision-making. If the company needs to make important procedural changes or discuss benefit package modifications, open the discussion to team members and let them know how their feedback will be used. People are more likely to participate if they know they will be genuinely heard.
Have procedures in place to immediately address employee complaints. Let employees know to whom they should report issues and the steps that will be taken to resolve them. Having strategies in place to handle concerns immediately can prevent escalation because employees will know they already have a voice.
Business policies should be written with fairness and non-discrimination in mind. All employee issues and activities should undergo an unbiased evaluation to ensure no appearance of favoritism or retaliation. Warnings and other punitive measures should be regularly reviewed to ensure no bias or unfair treatment occurs.
Nurturing a positive work environment can help prevent problems before they start. Promoting a healthy workplace and positive relationships between team members can encourage open communication. Consider incorporating team-building exercises, recognition programs, and rewards to highlight high-performers and provide opportunities for celebrating achievements to create a positive workplace culture.
As your business works to build a positive workplace culture that understands protected concerted activity, HR strategies for employee rights will play an enormous role. Your HR department should draft employee handbooks and policies that reflect the law and the latest best practices for creating an open-communication workplace. HR can also collaborate with business leaders to construct benefit packages and other workplace environment features that keep employees satisfied.
Businesses should be cautious about the following common pitfalls:
Working with Affiliated HR & Payroll can help manage the complexities of concerted activity laws and create an open and content workplace. Explore the HR Support Center Portal to learn more about how Affiliated can help clients understand employer legal obligations and work with employees to create solutions that satisfy everyone.