The advice memo may not be the final word in the case (it directs a regional NLRB office to pursue the case if it can’t reach a settlement with the employer), but tracks with what employment law attorneys were advising before several nationwide walkouts last year.
Within certain limits, employees have a statutorily protected right to engage in concerted activity, including strikes. Experts acknowledged that these protests fell into a murky area, but generally recommended that employers refrain from taking adverse employment actions against employees because of their participation.
