Women working the overnight shift at Evco Plastics in Oshkosh, Wisconsin discussed concerns with each other about a new supervisor, who they later learned was a registered sex offender. They asked for a group meeting with Human Resources, but were instead called into individual meetings and disciplined. One employee was fired; others were demoted. Five of the employees filed charges with the National Labor Relations Board ("NLRB"). Following an investigation, the NLRB determined that the employees had engaged in protected activities and there was reasonable cause to believe they had been unlawfully interrogated about and retaliated against because of their "concerted activities."
The NLRB has created a website which describes the rights of employees to act together regarding their employment, also known as "concerted activity." The website can be accessed at www.nlrb.gov/concerted-activity. Employee protection for "concerted activity" applies to both union and non-union employees. This right has been part of the law since 1935; however, many employees overlook these protections, because they think that it only applies to labor unions.