Protected Concerted Activity in the Union‐Free Setting

A recently released advice memorandum from the National Labor Relations Board's General Counsel is a good reminder to union‐free employers about their obligations under the National Labor Relations Act. Not only can disciplinary action that is perceived to be unjust lead to a phone call to a union organizer, but it can also lead to an unfair labor practice charge that may end up on a prounion organizing flyer ( Nusret New York LLC d/b/a Nusr‐Et Steakhouse , NLRB Advice Memorandum (June 4, 2019)).