18. Department of Labor and Related Agencies · Notable
Return to the Alstate Maintenance protected concerted activity standard
Printed page 601 18. Department of Labor and Related Agencies
“Reverse unreasonable interpretations of “protected concerted activity.” The NLRB should return to the 2019 Alstate Maintenance interpretation of what does and does not constitute protected concerted activity, including listing eight instances of lawful actions by employers.”
What has happened
- Attempted
The National Labor Relations Board's General Counsel published the list of precedents she has asked or intends to ask the Board to revisit, and it includes protected concerted activity: "Intent to urge the Board to revisit Miller Plastic Products, Inc., 372 NLRB No. 134 (2023) ... and Lion Elastomers, LLC, II". Miller Plastic is the 2023 decision that overruled Alstate Maintenance, so this is a formal, dated step toward the standard the Quote names. It is an announced litigating position, not a Board decision: Alstate Maintenance has not been restored and Lion Elastomers is still pending on remand.
Research log
What was searched, and what didn’t count as evidence
Research notes
- attempted and not partial: nothing has changed for any employer or employee. The General Counsel’s own memorandum says these are positions she has “not had the opportunity to formally present … to the Board” because briefing is in process or no vehicle has been identified.
- The Quote also asks for “listing eight instances of lawful actions by employers”, which is a reference to the eight examples in the 2019 Alstate Maintenance decision; nothing in the window reproduces that list.
- The Board regained a quorum on 2026-01-07 (Murphy and Mayer sworn in) and gained a third confirmed member on 2026-08-17 (Macy), so a decision is now possible where it was not for the first year of the window.
- Action
- reinstate
- Object
- 2019 Alstate Maintenance interpretation of protected concerted activity
- ID
- 1653