Participating in Black Lives Matter Protest Isn’t Protected by Federal Labor Law
Federal labor law limits employers’ ability to fire employees for “engag[ing] in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” (It also limits unions’ ability to discipline members for their speech on union matters.) But, unlike the laws in some states, it doesn’t protect employees’ broader political activities. The question then arises: What kinds of concerted activities are for purposes of employees’ “mutual aid or protection”?
In NLRB v. SFR, Inc., the National Labor Relations Board (Members Kaplan, Prouty & Wilcox) affirmed Administrate Law Judge Arthur Amchan’s decision that participating in Black Lives Matter protests wasn’t sufficiently focused on employee rights:
Specifically, we agree with the judge that the employees’ participation in Black Lives Matter (BLM) protests was not shown to be for mutual aid or protection in the context of the facts here and under extant law; therefore, we dismiss the allegations.
{Although Member Wilcox agrees that the evidence here does not establish that the employees’ participation in outside BLM protests was for “”other mutual aid or protection” under Sec. 7 as defined in Eastex, Inc. v. NLRB (1978), she observes that the judge’s articulation of the relevant standard was unduly narrow. Instead, as the Board explained in Home Depot USA, Inc. (NLRB 2024), “an employee’s concerted actions are protected by Sec. 7 of the Act so long as an objective is protected. The fact that the employee’s actions may have other objectives, or even that those objectives ma
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.