Trump Board Narrows Definition of Protected Concerted Activity

In another decision that is a boon for employers, the NLRB recently overruled an Obama era precedent and substantially narrowed what is considered “protected concerted activities” by workers. Alstate Maintenance , 367 NLRB No. 68 (2019). The decision expressly overturned a prior ruling which held that a single employee who gripes in a group setting is per se speaking on behalf of other employees and is therefore engaged in protected activity under the NLRA without regard to whether the employee intends to raise a group complaint or is seeking to initiate, induce, or prepare for group action.