Does Your Management Training Include an Overview of Protected Concerted Activities (PCA)?
PCA: an important topic that is rarely covered.
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| A manager addresses a group of employees. |
Any good labor relations team knows that basic awareness of the National Labor Relations Act (NLRA) is essential, so that a company's managers and supervisors don't inadvertently break the law. I'm guessing you've got your PowerPoint deck, and it's full of important information about TIPS and FOE, and so on.
There is one thing I don't typically see happen in NLRA management training. There is usually no mention of protected concerted activities, or PCA. Yet, it's crucial that managers and supervisors have a basic understanding of what employee activities are protected under the NLRA.
PCA, explained:
Protected Concerted Activities (PCA) under the National Labor Relations Act (NLRA) refer to actions taken by employees to improve working conditions, wages, or other employment terms, that are permitted under the law (protected), whether they are part of a union or not.
In this video, a manager mistakenly told one of his subordinates that discussing pay "is personal information that should not be shared with others". If he had seen this first, he would have been better prepared to answer correctly.
Here is a list of common PCAs:
- Discussing Wages and Working Conditions – Employees have the right to talk about pay, benefits, and workplace conditions with coworkers.
- Complaining About Workplace Conditions – Employees can raise concerns about issues such as safety, scheduling, or mistreatment by management.
- Protesting or Striking for Better Conditions – Employees can collectively stop work (engage in a strike) to demand better wages or working conditions.
- Organizing a Union – Employees have the right to discuss, form, or join a union to negotiate with their employer.
- Signing Petitions or Group Complaints – Employees can submit written complaints or demands to management on behalf of a group.
- Refusing to Work in Unsafe Conditions – If employees believe work conditions violate safety laws, they can collectively refuse to work until the issue is resolved.
- Social Media Posts About Workplace Issues – Employees can discuss workplace issues online, as long as they do so with coworkers and about work conditions.
- Picketing – Employees can engage in peaceful picketing to advocate for workplace improvements.
- Boycotting or Encouraging Others to Boycott – Employees can call for a consumer or secondary boycott related to their employment conditions.
- Requesting Representation in Disciplinary Meetings – Union employees have the right to request a representative (Weingarten Rights) when facing disciplinary action.
- Supporting or Participating in Collective Bargaining – Employees can negotiate as a group or through a representative with their employer.
- Refusing to Sign Anti-Union Agreements – Employers cannot force employees to waive their rights to engage in concerted activities.
- Protesting Unfair Labor Practices – Employees can take collective action if they believe their employer has violated the NLRA.
- Coordinating Work Slowdowns or Other Collective Actions – Employees may engage in peaceful collective actions short of a strike, such as working to rule or other slowdowns.
- Helping Other Employees Understand Their Rights – Employees can inform coworkers about labor rights and protections under the NLRA.
These rights apply as long as the actions are taken collectively and do not involve violence, destruction of property, or purely personal grievances.
Employers cannot retaliate against employees for engaging in these activities.
I recommend employers add a section to their current management training that covers PCAs, so that managers and supervisors have a better awareness of them. You never can tell what questions will arise! Your team should be prepared to answer them.
