Beware of Group Efforts to Complain About Working Conditions

In a unionized workplace, employees act collectively and through their union representatives to address concerns regarding terms and conditions of employment. In a union-free setting, there are obviously no such representatives; however, employees can still act in a concerted manner to complain about working conditions. Importantly, they have the same legal protections to do so regardless of whether they are unionized. A recent decision of the NLRB in Hiran Management, 371 NLRB No. 130 (2024), highlights the point and the risks to union-free strategies that improper management action can generate.