If you are a nonunion employer or represent one, you are probably aware of your obligations under various state and federal labor and employment laws, such as Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, the Fair Labor Standards Act and the Americans with Disabilities Act.

You may believe that as a nonunion employer, you do not need to concern yourself with the National Labor Relations Act and the National Labor Relations Board. That would be wrong. Private-sector employers should take note that regardless of whether their work force is unionized, the NLRA prohibits employers from punishing employees - whether union or nonunion - because they engage in "protected concerted" activities. The NLRB will seek a make-whole remedy for employees who are discharged or otherwise disciplined because they engaged in protected concerted activities.

What are protected concerted activities? They are usually group activities (involving two or more employees acting together) attempting to improve working conditions, such as wages, hours of work and benefits.

Some examples of protected concerted activities include employees telling management about group problems with terms or conditions of employment through either written communications or by voicing concerns at group meetings; making complaints to state and federal agencies; communicating to third parties such as newspapers or TV stations; trying to form a union; and grievance-type activities.

Protected concerted activity does not always involve group activity, however. It can also include action by an individual employee expressing a group concern. For example, an employee's e-mail reply to a manager and other employees criticizing the manager's proposal to change the vacation policy was deemed concerted activity by the Board, as it was an implicit attempt to incite other employees to help retain the current vacation policy.

In addition, an individual employee's call to a state or federal agency questioning an employment practice may be concerted activity if, for example, employees had earlier talked about the issue and agreed to address it with management. The key is that the activity must involve a collective goal, not an individual gripe.

Group concerns are frequently raised at employer-sponsored meetings. Employee questions and comments concerning working conditions raised at a group meeting constitute concerted activity under Board precedent.

Suppose one or more employees complain about wages at a group meeting that precipitates an employee outburst or inappropriate conduct - e.g., the use of profanity - and the employer disciplines an employee for that conduct. The employer may think that this is a lawful step to take to preserve decorum and behavioral standards in the workplace. The discipline may, however, be unlawful under the NLRA.

Employees' rights to engage in concerted activities are balanced against the employer's right to maintain order and respect. In one case, the Board found conduct protected despite the fact that an employee repeatedly and loudly insisted on speaking during a group meeting, contrary to the plant man