This Comment explores Section 7 of the National Labor Relations Act, which protects the rights of employees to engage in concerted activity. The author examines the different categories of concerted activity, the dispute over the extent to which an individual may engage in concerted activity, recent developments regarding the scope of individual concerted activity, and the current state of the law. The author argues that concerted activity is often considered as group activity such as union picketing or organizational drives, but that the scope of section 7 is much broader. The author suggests that individual activity is included within the concept of concerted activity, although the extent to which individual action is protected is in dispute. The author further suggests that an employee, who individually invokes an employment-related statutory right, is unprotected under the Act because such action is not within the scope of the Act's legislative purpose.
Patrick J. Duffy,
Alleluia, the Buck Stops Here: The Parameters of Individual Protected Concerted Activity under the National Labor Relations Act,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol22/iss1/11