NLRA Section 7
1935
Wagner Act
Foundation of US labor law
7
Section
Protected concerted activity
100%
Coverage
Most private-sector workers
protected or not — eight scenarios
The Concerted Activity Sorter
Each scenario is real-world. Sort each into protected or not, then check the why column. Pattern recognition is the skill.
Two coworkers discuss pay over lunch
protectedConcerted activity over wages — Section 7 protected
Employee posts on Facebook about unfair scheduling affecting closing-shift workers
protectedActing on behalf of others — concerted
One employee complains to HR alone about her own parking spot
NOTIndividual gripe, not group concern
Coworkers email management about scheduling problems
protectedConcerted activity over working conditions
Employee discloses a customer's confidential financial info on Twitter
NOTConfidentiality violation overrides Section 7
Employees walk off the job over a safety hazard
protectedConcerted activity over working conditions
Employee threatens a coworker with violence
NOTThreats of violence lose Section 7 protection
Two employees wear union buttons in a non-union workplace
protectedSection 7 covers organizing-related expression
Who NLRA Does NOT Cover
Agricultural workers
Domestic workers
Supervisors
Government employees
Independent contractors
Family members
Government employees (federal/state/local) are covered by separate statutes. Supervisors are defined by 12 indicia of supervisory authority.
Exam Traps
Section 7 applies in NON-UNION workplaces
The single biggest exam trap. Employees do not need a union to invoke Section 7 protections. This catches most candidates.
Wage discussion is PROTECTED
Policies prohibiting employees from discussing pay are unlawful. Even non-union employers cannot enforce pay-confidentiality rules.
Social media posts can qualify
Posts about working conditions affecting coworkers are concerted activity. Posts about a personal beef are not.
NOT every workplace complaint is protected
Individual gripes unrelated to group conditions fail the concerted test. The exam separates the two.
No union required
Section 7 protects concerted activity in any private-sector workplace. The union vote is not a prerequisite.
Two or more, or one for many
Concerted = activity by 2+ employees OR by 1 acting on behalf of others. Memorize this test.
Concerted. Protected. Even with no union in sight.
Concerted (acting on behalf of closing-shift workers). Protected.
Individual gripe. Not concerted. Not protected.
Section 7 violation. Reinstate plus back pay.
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