AND · 29usc158:protected-right
Rights and concerted/protected character are defined outside §158(a), with judicial and Board interpretation.
Exact element source
the rights guaranteed in section 157 of this titleSource:
docroot/ir/usc/title29.jsonl#title29_sec158; Unicode character offsets [194:244] (end exclusive); SHA-256 caadb20cedf4fd4e200812fc0ec46617cc7978ef7a6b0a30e355bccfeb7e0d06.Routes and case patterns
| Route | Definition | Merits instance blocks | Distinct merits cases | Examples (up to 3 cases per count group) |
|---|---|---|---|---|
| Unclassified route provisional; provisional (1 case) | no definition yet | 0 Satisfied 0; not satisfied 0; excluded context 1 | 0 | Used only in non-merits blocks (1). Excluded context examples:Local 702, Int'l Bhd. of Elec. Workers v. Nat'l Labor Relations Bd. — 934 F.3d 590 (2019) · United States Court of Appeals for the Seventh Circuit · 2019 — not reached · basis not recorded (29usc158: author: Astra4 · not independently reviewed) · applied/procedural · not counted |
| concerted-activity provisional; 2 observed cases | Whether the conduct is concerted activity for mutual aid or protection. | 2 Satisfied 2; not satisfied 0; excluded context 0 | 2 | Capital Med. Ctr. v. Nat'l Labor Relations Bd. — 909 F.3d 427 (2018) · Court of Appeals of the District of Columbia · 2018 — satisfied · law (29usc158: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/merits · counted St. Paul Park Ref. Co. v. Nat'l Labor Relations Bd. — 929 F.3d 610 (2019) · United States Court of Appeals for the Eighth Circuit · 2019 — satisfied · proved (29usc158: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/merits · counted |
| strike-misconduct provisional; provisional (1 case) | Whether strike conduct loses the Act's protection. | 1 Satisfied 0; not satisfied 1; excluded context 0 | 1 | Local 702, Int'l Bhd. of Elec. Workers v. Nat'l Labor Relations Bd. — 934 F.3d 590 (2019) · United States Court of Appeals for the Seventh Circuit · 2019 — not · law (29usc158: author: Astra4 · not independently reviewed) · applied/merits · counted |
How courts decided this element
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| Capital Med. Ctr. v. Nat'l Labor Relations Bd. — 909 F.3d 427 (2018) · Court of Appeals of the District of Columbia · 2018 — satisfied · law (29usc158: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Section 7 protected rights | satisfied Counted merits instance applied / merits basis: law; party: Capital Medical Center; count: § 8(a)(1) prohibition of stationary picketing; subject: party=Capital Medical Center; count=§ 8(a)(1) prohibition of stationary picketing The contested question was legal: whether picketing on the employer's premises is categorically outside the Republic Aviation protection that covers leafleting. The court defers (Chevron) to the Board's reading of Section 7 that it is not. | off-duty employees' stationary, non-obstructive holding of picket signs beside a hospital's non-emergency entrance | Around 4:00 p.m., two to four employees took leaflets and picket signs from the sidewalk and walked onto hospital property. They stood next to a nonemergency entrance to the building while holding the signs, with some also handing out leaflets while holding the signs. The signs contained the messages "Respect Our Care" and "Fair Contract Now."Source: docroot/ir/caselaw/f3d_909.jsonl#/f3d/909/0427-01; Unicode character offsets [6768:7113] (end exclusive); SHA-256 927ef71bb825de8205e5e4d1a9efa9112050becd7db6b944a7cb5b878ac5aca7.Undisputed record evidence establishes that there were only two to four employees who held picket signs on the hospital's property, standing stationary by a nonemergency entrance.Source: docroot/ir/caselaw/f3d_909.jsonl#/f3d/909/0427-01; Unicode character offsets [27032:27211] (end exclusive); SHA-256 927ef71bb825de8205e5e4d1a9efa9112050becd7db6b944a7cb5b878ac5aca7.Section 7's protections encompass the "rights to discuss organization and the terms and conditions of their employment, to criticize or complain about their employer or their conditions of employment, and to enlist the assistance of others in addressing employment matters."Source: docroot/ir/caselaw/f3d_909.jsonl#/f3d/909/0427-01; Unicode character offsets [2306:2580] (end exclusive); SHA-256 927ef71bb825de8205e5e4d1a9efa9112050becd7db6b944a7cb5b878ac5aca7.In short, the Board reasonably interpreted Section 7 in concluding that the Republic Aviation presumption could encompass not only solicitation and distribution on employer property, but also picketing.Source: docroot/ir/caselaw/f3d_909.jsonl#/f3d/909/0427-01; Unicode character offsets [20284:20486] (end exclusive); SHA-256 927ef71bb825de8205e5e4d1a9efa9112050becd7db6b944a7cb5b878ac5aca7. |
| St. Paul Park Ref. Co. v. Nat'l Labor Relations Bd. — 929 F.3d 610 (2019) · United States Court of Appeals for the Eighth Circuit · 2019 — satisfied · proved (29usc158: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Section 7 protected rights | satisfied Counted merits instance applied / merits basis: proved; party: St. Paul Park Refining Company; count: § 8(a)(1) suspension for safety stop; subject: party=St. Paul Park Refining Company; count=§ 8(a)(1) suspension for safety stop Eighth Circuit upholds the Board: the afternoon refusal, though made by Topor alone after the task was reassigned to him, was protected concerted activity as a logical outgrowth of the morning's joint safety discussion with Rennert. | one employee's safety-stop refusal treated as the logical outgrowth of a same-day discussion of the same hazard with a coworker | Never having restarted the Penex before, Rennert asked Topor about the safety of the procedure.Source: docroot/ir/caselaw/f3d_929.jsonl#/f3d/929/0610-01; Unicode character offsets [2151:2246] (end exclusive); SHA-256 39d1fec63df83079263c35248b62c671e36c05cf4be05a0f93531bfbb5b46224.Rennert and Topor discussed their concerns with Eric Rowe, a unit-process engineer, and requested a written procedure.Source: docroot/ir/caselaw/f3d_929.jsonl#/f3d/929/0610-01; Unicode character offsets [2308:2426] (end exclusive); SHA-256 39d1fec63df83079263c35248b62c671e36c05cf4be05a0f93531bfbb5b46224.Topor wanted to initiate a safety stop, but Regenscheid again said to use insulation.Source: docroot/ir/caselaw/f3d_929.jsonl#/f3d/929/0610-01; Unicode character offsets [3210:3295] (end exclusive); SHA-256 39d1fec63df83079263c35248b62c671e36c05cf4be05a0f93531bfbb5b46224.In the afternoon, Regenscheid and Jung reassigned the task to Topor, giving him the step-change form.Source: docroot/ir/caselaw/f3d_929.jsonl#/f3d/929/0610-01; Unicode character offsets [2717:2818] (end exclusive); SHA-256 39d1fec63df83079263c35248b62c671e36c05cf4be05a0f93531bfbb5b46224.Action done individually may be concerted "if it represents either a continuation of earlier concerted activities or a logical outgrowth of concerted activities."Source: docroot/ir/caselaw/f3d_929.jsonl#/f3d/929/0610-01; Unicode character offsets [9275:9437] (end exclusive); SHA-256 39d1fec63df83079263c35248b62c671e36c05cf4be05a0f93531bfbb5b46224.we agree that Topor's afternoon behavior was a "logical outgrowth" of his conversation with Rennert and find substantial evidence in the record that Topor was engaged in protected activity.Source: docroot/ir/caselaw/f3d_929.jsonl#/f3d/929/0610-01; Unicode character offsets [10522:10711] (end exclusive); SHA-256 39d1fec63df83079263c35248b62c671e36c05cf4be05a0f93531bfbb5b46224. |
| Local 702, Int'l Bhd. of Elec. Workers v. Nat'l Labor Relations Bd. — 934 F.3d 590 (2019) · United States Court of Appeals for the Seventh Circuit · 2019 — not reached (29usc158: author: Astra4 · not independently reviewed) | Section 7 protected rights | not_reached Excluded from merits counts applied / procedural claim: (a); theory: unpreserved per-se-highway-rule objection; subject: theory=unpreserved per-se-highway-rule objection The unpreserved per-se-rule argument is a separate procedural ruling, not another merits finding that strike activity lacks protection. | Unspecified route | While we do not agree with this characterization of the Board's decision, the Union failed to raise it before the Board; therefore, we are jurisdictionally precluded from considering it.Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/0590-01; Unicode character offsets [5211:5397] (end exclusive); SHA-256 9d0f678c3f36c6a31a3da2556b4592bad5c1d23c16a258dab96fd840b9a5ea66. |
| Local 702, Int'l Bhd. of Elec. Workers v. Nat'l Labor Relations Bd. — 934 F.3d 590 (2019) · United States Court of Appeals for the Seventh Circuit · 2019 — not · law (29usc158: author: Astra4 · not independently reviewed) | Section 7 protected rights | not Counted merits instance applied / merits basis: law; claim: (a); party: Hudson; subject: party=Hudson The court accepts the loss-of-protection determination on these facts. Participation in a strike does not make every associated act protected; no universal highway-conduct rule is inferred. | strike-conduct/dangerous-highway-obstruction | Hudson, who had worked for Consolidated for 39 years, was a Union member and participated in the strike.Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/0590-01; Unicode character offsets [733:837] (end exclusive); SHA-256 9d0f678c3f36c6a31a3da2556b4592bad5c1d23c16a258dab96fd840b9a5ea66.Before it could pass Hudson, she changed lanes and intentionally blocked the Consolidated truck from passing.Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/0590-01; Unicode character offsets [1884:1993] (end exclusive); SHA-256 9d0f678c3f36c6a31a3da2556b4592bad5c1d23c16a258dab96fd840b9a5ea66.The entire incident took place at highway speeds.Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/0590-01; Unicode character offsets [2170:2219] (end exclusive); SHA-256 9d0f678c3f36c6a31a3da2556b4592bad5c1d23c16a258dab96fd840b9a5ea66.Here, the conduct may be less severe, but it is still sufficient to forfeit the Act's protection.Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/0590-01; Unicode character offsets [7766:7863] (end exclusive); SHA-256 9d0f678c3f36c6a31a3da2556b4592bad5c1d23c16a258dab96fd840b9a5ea66.Because the Board based their decision on substantial evidence and a reasonable application of the law, we AFFIRM.Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/0590-01; Unicode character offsets [9070:9184] (end exclusive); SHA-256 9d0f678c3f36c6a31a3da2556b4592bad5c1d23c16a258dab96fd840b9a5ea66. |