OPINION
Cоmpuware Corporation (“Compuware”) discharged its employee Laurence Schillinger (“Sehillinger”) at the request of Compuware’s client, KPMG Peat Marwick (“Peat Mar-wick”), because Sehillinger threatened to complain about Compuware’s employment practices to the State of Michigan (“the State”). Peat Marwick had obtained a contract from the State tо upgrade the State’s computer system. The discharge led to an unfair labor practice charge against Compuware under section 8(a)(1) and (3) of the National Labor Relations Act (29 U.S.C. § 158(a)(1) and (3)) (“the Act”). Following an administrative hearing, the administrative law judge (“ALJ”) found Compuware had discharged Sehillinger in violation of section 8(a)(1) of the Act and recommended that Compuware offer Schillinger reinstatement and back pay. The Board affirmed the ALJ’s ruling,
Compuware Corp. and Laurence Schillinger,
Compuware filed a petition for review and the National Labor Relations Board cross-applied for enforcement of the Board’s order. We reject Compuware’s petition for review and enforce the Board’s order. Our review of the record as a whole demonstrates that the Board’s order is supported by substantial evidence.
I. BACKGROUND
The State awarded Peat Marwick, an accounting firm, a contract to upgrade the State’s computer system. Peat Marwick then contracted with Compuware, headquartered in Farmington Hills, Michigan, to furnish support personnel to train the State’s employees on the new computer system. The training took place in the Knapp Building in Lansing, Michigan, some distance frоm Compuware’s headquarters.
Laurence Schillinger, the charging party, began working in a temporary trainer position for Compuware in early July 1994. Schillinger discussed work-related problems with other employees from the very beginning of his employment. On August 22, 1994, Compuware terminated Schillinger from the State project at the direction of Peat Marwick. Peat Marwick decided to remove Schillingеr because Schillinger had threatened on August 19, 1994 to approach the State with work-related concerns, in violation of a Peat Marwick work rule. Tr. at 147-49, 273-78. 1
Compuware, in its petition for review, contends that the ALJ’s decision adopted by the Board is incorrect as a matter of law and fact. Although Compuware raises several issues in this appeal, 2 we will focus primarily *1288 on the issue orally argued by Compuware, which is whether substantial evidence supports the Board's finding that Schilinger engaged in concerted activity, rather than merely his own concerns. We will discuss briefly Compuware's other issues.
II. DISCUSSION
Section 8(a)(1) of the Act makes it an unfair labor practice "to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section {7].. . ." 29 U.S.C. § 158(a)(1). Section 7 of thе Act guarantees employees the right to engage in "concerted activities" not only for self-organization, but also "for the purpose of... mutual aid or protection. . . ." 29 U.S.C. § 157. The broad protection of section 7 includes protecting unorganized employees who need to speak for themselves as best they can. NLRB v. Washington Aluminum Co.,
The Board's determination that an emplоyee engaged in protected concerted activity is entitled to great deference.
3
Dayton Typographic Serv., Inc. v. NLRB,
A. Concerted Activity
Comрuware argues that Schilinger's actions fall outside the protection of section `1 because his activity was not concerted. Compuware contends that although Schilling-er's concerns may have been shared by other coworkers, no evidence indicates that any coworker authorized Schil]inger to represent them. Compuware argues that without such authorization, Schillinger's actions would not constitute concerted activity.
Specific authorization is not needed to show "concerted activity." See NLRB v. Lloyd A. Fry Roofing Co.,
Comparing this case to Manimark Corp. v. NLRB,
4
Schillinger testified that almost from the beginning of his employment he discussed these problems with other employees. And on the morning of August 19, Sehil-linger had a discussion аbout these matters with Master Trainer Michael Wilhite (whom the parties stipulated was an employee and not a supervisor within the meaning of Section 2(11) of the Act), at which employees Hugh Kessler and Roger Diamond [sic] 5 were present. During this discussion, Schillinger became agitated and told Wilhite that if nothing satisfactory was done, he would express these concerns at a meeting schedulеd that afternoon at which there would be representatives of the State as well as Peat Marwich [sic].
Wilhite told Schillinger that it would be improper for him to bring up these problems at the meeting with State representatives, to which, Wilhite testified, Sehillinger said, “We’ll see.” Wilhite called John Hess, [Compuware’s] account manager for this project to report Schillinger’s intent. Hess was not avаilable and Wilhite left a voice mail message; but he also called James Michael Mutter, who at the time was the Peat Marwich [sic] on site team leader for the project.
Mutter was concerned that Schillinger would in fact raise these issues with the client, and absent assurance he would not, Mutter wanted him taken off the project. Mutter and Hess testified that Peat Mar-wick retained thе right to require [Compu-ware] to withdraw any employee from the project.
Hess returned Wilhite’s call, learned of the situation and came to the project. He talked with Schillinger and Wilhite and at Schillinger’s invitation, joined several trainers for lunch to talk about various work related problems. Shortly thereafter, Hess talked to Mutter, who stated he was so concerned that Schillinger might bypаss the chain of command that he was considering canceling the meeting. Mutter asked if Hess could give him assurances that Schillinger would not bring up these problems at the meeting, and when Hess could not, Mutter said he would have to find out what to do. It appears, however, though somewhat unclear, that Mutter first told Hess that Schillinger should not go to the meeting and told him to give Schillinger the rest of the day off. Thеn Mutter checked with his superiors and they concluded that Schillinger should be replaced, and this order came later.
Saturday Hess called Schillinger and asked him to report to Hess’s office on Monday, August 22. Schillinger did so and was informed by Hess that he was being terminated from the project at the direction of Peat Marwick. Since Schillinger was a temporary employee for that pаrticular project, and, according to Hess, deemed insufficiently skilled for other jobs, he was terminated from employment with [Compuware].
Compuware Corp. and Laurence Schillinger,
Two coworkers testified that they had not authorized Schillinger to represent their concerns to management. However, the Board’s finding that Schillinger’s proposed action would have been concerted is not undermined by the fact no emplоyee specifically endorsed Schillinger’s proposal to raise employees’ grievances to State representatives.
See NLRB v. Parr Lance Ambulance Serv.,
*1290 Our review of other evidence from the hearing demonstrates concerted activity. We note that from the beginning of his Schillinger had discussed work-related concerns with many of the thirty other trainers. Furthermore, we consider the evidence of the exchange between Schil-linger and the employees on August 19 to be revealing. Roger Dymond testified that during Sehillinger’s argument with Wilhite on the morning of August 19, 1994, Schillinger said “he was going to speak for all of us that afternoon [аt the meeting]_” Tr. at 304. In addition, Schillinger showed that he was acting on behalf of the group by facilitating a lunch discussion between managers and trainers on August 19. The employees demonstrated sharing Schillinger’s interest in obtaining resolution of their grievances by attending the lunch meeting at his request. Moreover, Schillinger made it known to management and his coworkers that he had organized a labor union at a previous job and received a degree in labor relations. In fact, some of the other trainers had previously commented that because Schillinger, who had been a union steward at a former job, “knows this stuff, he should talk to the management people.” Tr. at 183.
After reviewing the entire record, we conclude that the evidence regarding the morning discussion and the lunch meeting indicаtes that if Schillinger had attended the afternoon meeting with the State and Peat Marwick representatives, he would have restated the concerns of the trainers as a group. The evidence demonstrates that Schillinger expressed group concerns to his coworkers and management. The lunch attended by Wilhite, manager Hess and Schil-linger demonstrates Schillinger’s interest and effоrt on behalf of the group, which constitutes concerted activity. Thus, unlike the employee in Manimark, Schillinger acted on behalf of the group and not simply on his own behalf.
B. Peat Marwick Work Rule
Compuware contends that Peat Marwick’s work rule prohibiting employees from complaining to its clients regarding working conditions was valid under section 7 of the Act. Compuware argues work rules are allowed when the rule is designed to protect legitimate employer interests even where there may exist an ancillary effect of discouraging participation in protected activities.
Union Carbide Corp. v. NLRB,
C. Ongoing Labor Dispute
Compuware argues that the Board erred in stating an ongoing labor dispute was not required to be protеcted concerted activity when that activity was going to third parties with work-related complaints. Com-puware also contends the Board erred in finding that an ongoing labor dispute was present in this case. Compuware contends that no ongoing labor dispute was present because management was on the same side as the workers and was addressing the work-related problеms. The Supreme Court held that a labor dispute can still exist when management begins to address employees’ complaints about their working conditions.
See NLRB v. Washington Aluminum Co.,
*1291 D.Disloyalty to Employer
Compuware also argues that Schillinger’s actions if concerted were not protected but instead were acts of disloyalty to the employer. This argument is alsо rejected. Employees have the right to engage in concerted communications with third parties regarding legitimate employee concerns, such as terms and conditions of employment and grievances.
Sierra Publishing Co. v. NLRB,
We agree with the Board’s opinion and analysis on this issue:
The question is whether an employer can make (or as is the case here, acquiesce in) a rule that rеstricts employees’ ability to engage in concerted activity by prohibiting communication with third parties. I conclude not. The Board has repeatedly held that employees may, with the protection of Section 7, communicate with third parties about matters relating to an ongoing labor dispute. See The Sacramento Union,291 NLRB 540 ,1988 WL 214195 (1988), and cases cited therein, particularly including Emarco, Inc.,284 NLRB 832 ,1987 WL 89746 (1987) (Chairman Dotson dissenting), and Cordura Publications Inc.,280 NLRB 230 ,1986 WL 53898 (1986) (Chairman Dotson dissenting), when the employees wrote to the respondent’s parent company. The caveat in these cases is that the communication not be so disloyal or maliciously false to remove the employees from the protection of the Act.
The complaints here were not false. Hess agreed that there were problems along the lines complained of and that steps were being taken to correct them. There is no аrgument that Sehillinger had made disloyal or deliberately false statements, or that there was a reasonable fear he would do so when talking to representatives of the State. The totality of [Compu-ware’s] argument is that Peat Marwick had a rule making it inappropriate for [Compuware’s] employees to take their employment concerns to “the client” and since Sehillinger would not give sufficient assurance he would not do so, Peat Mar-wick asked that he be replaced. This re-suited in Schillinger’s discharge and was violative of the Act.
Compuware Corp. and Laurence Schillinger,
E.Responsibility of Peat Marwick for the Discharge
Compuware argues the Board erred by holding Compuware responsible for Schillinger’s discharge when the discharge was requested by its client Peat Marwick. However, Compuware was not unaware of why Peat Marwick wanted Sehillinger to be discharged. In fact, Compuware knew the basis of the removal was to prevent Schilling-er from communicating with Peat Marwick’s client, the State, about employee grievances. In addition, a private agreement that violates statutory labor provisions is unenforceable.
See Clinch Valley Clinic Hosp. v. NLRB,
F. Remedy
Compuwarе argues that the remedy ordered by the Board is inappropriate and not justified by the record. Compuware contends it is unlikely Sehillinger would have been retained after the project because only one half of the temporary employees from the project continued to be employed and Sehillinger was less qualified than most of the employees. The standard оf review of a remedial order is abuse of discretion.
Taylor Warehouse Corp. v. NLRB,
III. CONCLUSION
For the foregoing reаsons, enforcement of the decision and order of the Board is GRANTED.
Notes
. “Tr.” refers to the transcript of the proceeding before the AU on June 12, 1995 and June 13, 1995 which is set forth in a single volume that is paginated consecutively.
. In its petition for review, Compuware raised the following issues: (1) whether the ALJ erred in finding that Schillinger had engaged in concerted activity; (2) whether the ALJ erred when he failed to address the issue of employer knowledge as an element required to be proven by the Board; (3) whether the ALJ erred in his conclusion that Peat Marwick was not entitled to promulgate a work rule which prohibits employee communication of work-related concerns with Peat Marwick's client; (4) whether the ALJ erred when he failed to balance Peat Marwick’s work rule against any incidental еffect on employee rights under the Act; (5) whether the ALJ erred in finding that an ongoing labor dispute is not required to justify employees approaching third parties with work-related complaints, and in finding that an ongoing labor dispute was present in this case; (6) whether the ALJ erred in failing to address the issue of whether Schilling- *1288 er's discharge was motivated by or substantially based upon his participation in alleged protected activity; (7) whether the AU erred in holding Compuware responsible for the actions of Peat Marwick; and (8) whether the remedy ordered by the AU was inappropriate, does not effectuate the purposes of the Act and is not justified by the record. The Board adopted as its own with minor modifications the decision by the ALT, including rulings, findings, and conclusions.
. In NLRB v. Webcor Packaging, Inc.,
. In Manimark, this court held that employee Hurley Fields had not engaged in protected concerted activity because there was no "evidence that Fields was acting in anyone's interest but his own. Manimark,
. The correct spelling of Roger Diamond's last name is Dymond.