Concerned Activity In The United States

Section 7 of the National Labor Relations Act(NLRA) guarantees employees the right "to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection." Concerted activity is a fundamental right for the collective labor right and a very important part of the American collective relation.According to the NLRA and related cases, the protected concerted activity contains four factors,that is, the activity should be work related; activities which are purely personal should be excluded;the employees should claim for a specific demand or remedy;the activities should not be improper or illegal.From the perspective of subjective,the employee should have proper objective,which the activity must be engaged in for mutual aid and protection.In practice,there are three typical activity are deemed as proper.One of the most common is protest over the safety of working conditions.The filing of a complaint in an attempt to force the employer to comply with other statutory responsibilities has also been protected.Protests of the discharge of a fellow employee have been held to be proper objectives of protected concerted activity.In the age of Internet,the concerted activity faces new challenges and get new development.In the social media circumstance,if the employee post some information in his/her Facebook to seek support or help from his/her coworkers and this is discussed by his colleagues it will be likely be regarded as concerted activity.Meanwhile,the Facebook activity should be connected with collective action.Although the concerted activity is very important in NLRA,but it is conflict with China’s labor law system.Showing at two aspects,China’s labor law system is based on right dispute and interest disputes,but concerted activity does not distinguish the nature of dispute.The function of concerted activity can be replaced by the defense right of simultaneous performance,there is no room for concerted activity.The concerted activity can not be the evidence to proof the strike happened in China is legal.China’s labor law system should be established on the distinguish of right dispute and interest disputes.