As to the mutual aid and protection requirement, it is well established that working conditions are a protected subject of concerted activity. For instance, the U.S. Supreme Court has recognized that concerted activity over a lack of heat is for mutual aid and protection.
Indeed, concerted activities by employees for the purpose of trying to protect themselves from working conditions as uncomfortable as these are unquestionably activities to correct conditions which modern labor management treats as too bad to have to be tolerated in a humane and civilized society like ours. NLRB v. Wash Aluminum Co. (1962), 370 U.S. 9, 50 LRRM 2235 data-ezsrc=images/scales.gif />
Similarly, a desire to talk with co-workers about the quality of supervision, age discrimination in training, assignments and wages, and other workplace grievances are for mutual aid and protection. Moreover, the conditions are within the control of the employer, although this factor is not required. Employees may engage in mutual aid and protection by lobbying over issues not within employer control. Kaiser Engineers v. NLRB (9th Cir. 1976), 538 F.2d 1397, 92 LRRM 3153. data-ezsrc=images/scales.gif />
When an employee seeks support from her co-workers to raise an issue with management, with that employee receiving the immediate benefit and not informing the co-workers about their mutuality of interests, that employee may still be engaged in concerted activity for the purpose of mutual aid or protection. The solicited employees have an interest in helping the aggrieved individual even if the individual alone has an immediate stake in the outcome because next time it could be one of them that is the victim. Fresh & Easy Neighborhood Market, Inc., 360 NLRB No. 12 (2014) (internal quotations omitted).