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NLRB Concerted Activity Charge Enforcement

Tuesday, April 6, 2021 The National Labor Relations Board (NLRB) Acting General Counsel Peter Sung Ohr (AGC) has announced in a memorandum that his office will return to “vigorous enforcement” of employee rights under Section 7 rights of the National Labor Relations Act (NLRA). The initiative announced on March 31, 2021, is reminiscent of the Obama Board’s focus on protected concerted activities in both union and non-unionized workplaces. During the Obama administration, the Board sought to educate employees of their rights to engage in protected concerted activities. Together with a series of Board case decisions that significantly expanded Section 7 protections in the non-union setting, that era brought a dramatic increase in the number of unfair labor practice charges unrelated to union activity filed against employers.

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