Monday, March 19, 2012
Here is a good law school hypo, but it is based on real facts. A group of workers worn orange in protest of their poor working conditions and were fired. A Newspaper article describing the story is available here.
Ok students, is this lawful??
If Florida is an employment at will state, the answer is that they do not need cause to terminate. But, concerted activity for mutual aid and protection is considered protected activity under Section 7 of the NLRA whether or not the workers are unionized. Remember the Washington Aluminum case from 1962?
The lesson to be learned is that the NLRA applies to non-union workers as well as union workers. That fact was once described in an NLRB decision as one of the best kept secrets in labor law.
Mitchell H. Rubinstein
Hat Tip: Workplace Prof Blog