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The NLRB and the Hedge Fund

Much ado about nothing?

Maybe you thought that employers whose employees are not organized in unions or which are not involved in traditional labor activities like strikes, lockouts and picketing are outside of the jurisdiction of the National Labor Relations Board (“NLRB”). If you did, you would be wrong.

Section 7 of the National Labor Relations Act, a depression era law, guarantees that employees have the right to join unions. It also establishes the fundamental right, without reference to unions, of employees “to engage in other concerted activities for the purpose of…mutual aid or protection.”1 Employers who interfere with that right are guilty of an unfair labor practice under Section 8(a)(1) of the Act.2

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