Supporting #BlackLivesMatter Not Protected under NLRA

On August 21, 2024, the NLRB ruled in *SFR, Inc. d/b/a Parkside Café* that employees who participated in Black Lives Matter protests outside of work were not "constructively discharged" when they resigned. The reason? The protests weren’t related to workplace issues or employee protections covered by the National Labor Relations Act (NLRA).

Here’s the background: some workers from Parkside Café joined BLM protests during their time off. The manager criticized them, linking pandemic-related closures to protests and suggesting a "protest tax." When told to resign if they kept attending demonstrations, three employees resigned, thinking they were fired. However, the NLRB ruled that while their protest activity was "concerted," it wasn't protected under the NLRA because it didn’t relate to workplace issues like discrimination in hiring. Simply put, the protests weren’t about improving working conditions at their café or other workplaces.

The takeaway for employees: while protest activities are sometimes protected, there must be a clear connection to workplace issues for NLRA protection. In this case, the Board said the protests didn’t meet that threshold.