In the private sector, organizers have all but abandoned the use of the traditional NLRB campaign model. Usually, when the model is still employed, it is only is conjunction with a more comprehensive and multifaceted campaign. Because the law so favors employers who use union busting tactics that it has become almost wholly ineffective as a vehicle for workers to advance their cause.
One of the few exceptions within the law however, has been the interpretation of the definition of the scope of legally protected concerted activity. What constituted legally protected concerted activity has been the backbone of much of the non-traditional work performed by organizers going back to the Reagan administration.
Recently, however, in MikLin Enterprises, Inc v. NLRB the Eighth Circuit US Court of Appeals has turned back the clock eighty years on workers rights by overturning an NLRB decision, and stating that“Section 7 rights do not disturb an employer’s right to expect loyalty from their employees and their continued efforts in support of the business.”