NLRB Official Shares Insights on Labor Relations

NLRB Regional Attorney Timothy Mearns discusses protected concerted activities, union "salting", and surreptitious recordings in the workplace.

Published on Feb. 6, 2026

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In a recent interview at Ward and Smith's Employment Law Symposium, NLRB Regional Attorney Timothy Mearns shared insights on how employers can navigate labor relations and avoid issues with the National Labor Relations Board. Mearns discussed topics such as protected concerted activities, union "salting", secret recordings of union meetings, and social media posts regarding the workplace.

Why it matters

The NLRB plays a key role in enforcing the National Labor Relations Act and protecting employee rights, even in non-unionized workplaces. Mearns' insights can help employers understand their obligations and avoid potential pitfalls when it comes to labor relations.

The details

Mearns explained that the definition of protected concerted activity is broad, covering discussions about terms and conditions of employment, wages, benefits, and complaints to third parties. He noted that the NLRB will review the actual job responsibilities of supervisors and managers to ensure they have not been given titles to exclude them from bargaining units. Mearns also discussed the NLRB's stance on captive audience meetings, bargaining orders, and surreptitious recordings of collective bargaining sessions, which the NLRB views as a violation of the duty to bargain in good faith.

  • Mearns was promoted to NLRB Regional Attorney for Region 10 in Atlanta in 2024.
  • The NLRB issued a decision in the Cemex case in 2023 that changed the standard for issuing bargaining orders.

The players

Timothy Mearns

NLRB Regional Attorney for Region 10 in Atlanta, overseeing all litigation for the Atlanta, Birmingham, Nashville, and Winston-Salem offices.

Justin Hill

Attorney in the labor and employment group at Ward and Smith.

Hayley Wells

Attorney in the labor and employment group at Ward and Smith.

National Labor Relations Board (NLRB)

An independent federal agency that enforces the National Labor Relations Act, which protects the right to form unions, engage in union activities, or abstain from union activities.

Ward and Smith

A law firm that hosted the annual Employment Law Symposium where the interview with Mearns took place.

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What they’re saying

“The definition of what constitutes protected concerted activity is really broad. It could be a discussion about the terms and conditions of employment, wages and benefits, changes you'd like to see, or even complaints to third parties about working conditions.”

— Timothy Mearns, NLRB Regional Attorney

“Now, when the union files a petition or an individual files a petition for an election, the employer can't just ignore it. If the employer doesn't respond and the union shows majority support from employees, the NLRB could issue a bargaining order.”

— Timothy Mearns, NLRB Regional Attorney

“Surreptitious recording of bargaining sessions is a violation of the NLRA. Essentially, the acting General Counsel believes that surreptitious recordings are inconsistent with the concept of bargaining in good faith.”

— Timothy Mearns, NLRB Regional Attorney

What’s next

The NLRB will continue to monitor labor relations and issue guidance on evolving issues, such as the use of social media and the impact of political changes on NLRB standards.

The takeaway

Employers need to stay vigilant and seek legal counsel to navigate the complex and ever-changing landscape of labor relations, as missteps can lead to serious consequences such as bargaining orders and unfair labor practice charges.