"In a May brief filed in the case involving Miller Plastic Products, prosecutors urged an NLRB administrative law judge to overturn the Alstate decision, arguing it "undermined the [National Labor Relations Act's] purpose of protecting employees who seek to improve their working conditions" and "improperly narrowed the circumstances under which an employee's conduct is considered to be for the purpose of mutual aid or protection."
Prosecutors added that the definition of protected concerted activity should be broadly interpreted in order to effectively enforce federal labor law.
Mark Spring, who represents employers as a managing partner at CDF Labor Law, said a decision overturning Alstate would not necessarily impede the success with which unions are able to organize workers, but would provide "more protections for individual employees to raise grievances without the same fear of retaliation or reprisal."
It is also one of the precedents Spring says President Joe Biden's board is most likely to shift, but is also likely to be reversed once a Republican administration regains control of the NLRB."
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