No Union? The NLRB Can Still Come Knocking. Lessons from Our Recent Win.

Gaunce Law attorneys, Meredith Gaunce and Molly Buie, recently obtained a favorable decision for their client, The Book Rescuers Inc., following a 2-day hearing before the National Labor Relations Board (NLRB). The Book Rescuers is a small, locally-owned used bookstore in Largo, with a handful of employees and no union. Nevertheless, they were subject to an investigation by the NLRB and an administrative hearing after a former employee alleged that she had been terminated for engaging in “concerted protected activity” by speaking with her co-workers about their wages.

On September 30, 2026, the presiding NLRB administrative judge dismissed the central claim against The Book Rescuers, finding that the employee’s conversations were not concerted activity protected by Section 7 of the National Labor Relations Act. By the complaining employee’s own admission, she was concerned only about her own pay, not her coworkers’, and never suggested that she and her coworkers act together.

Gaunce Law is proud of the hard-won result it achieved in this case, but it also serves as a cautionary tale for our firm’s clients. In addition to protecting union organizing efforts by employees, Section 7 protects employees' right to act together about pay and working conditions and applies to nearly every private workplace, including small businesses. In The Book Rescuers’ case, much of the evidence was focused on a single remark made at a termination meeting, which the employee interpreted as suggesting that she should not have discussed wages with other employees.

The important point for business owners: you do not need to have a union for the National Labor Relations Act to apply to your workplace. Employee discussions about pay and working conditions can be legally protected even in a non-union business.

For employers of all sizes:

• Never tell employees they can't discuss pay;

• Plan termination meetings and document the reason the same day; and

• Call counsel before taking a personnel action against an employee who has recently raised pay or workplace concerns.

For small businesses without an in-house legal or human resources team, identifying these issues early can help avoid an expensive federal proceeding. If you would like support reviewing your handbook, training your managers, or planning a difficult termination, we are happy to help. Give us a call at 727-614-0550 or email LetsChat@GaunceLaw.com.

Read a copy of the decision for In Re Book Rescuers Inc. and Charlee Howard, NLRB Case No. 12-CA-360500. The judge's decision is a recommended order subject to Board review. This post is general information, not legal advice, and past results do not guarantee future outcomes.

Gaunce Law represents Florida employers and business owners in employment compliance, employee issues, investigations and training.