• The right to self-organize, form, join, or assist labor organizations;
• The right to bargain collectively;
• The right to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection (such as striking); and
• The right to refrain from all collective bargaining-related activities (unless an agreement requires membership in a labor organization as a condition of employment).

The NLRA specifies that it is an unfair labor practice for an employer to interfere with, coerce, or restrain employees who are engaging in these protected activities. In other words, an employer may not discipline or treat an employee adversely because he or she is engaging in one of these activities.

If an employee believes that his or her rights are being restrained in violation of the NLRA, he or she may file a retaliation claim against his or her employer with the regional office of the National Labor Relations Board, the agency tasked with enforcing the NLRA. If an employee prevails in a retaliation action, he or she may be entitled to reinstatement, back pay, or other remedies.

To prove a retaliation claim, an employee must show:

1. That he or she engaged in a protected activity,
2. That the employer knew that the employee engaged in the protected activity,
3. That the employer took adverse action against the employee, and
4. That the employer intended to stop the employee from engaging in the protected activity.

For purposes of proving a retaliation claim, an employee is not engaged in a protected activity if the employee's activity is conducted for an unlawful purpose or through an invalid method. Examples of such unprotected activities include:

• Strikes in breach of a no-strike clause in a collective bargaining agreement,
• Sit-down strikes,
• Unduly disruptive activity, and
• Strikes designed to prevent non-striking employees from entering the place of employment.

Copyright 2010 LexisNexis, a division of Reed Elsevier Inc.