Total Articles: 4
Firing of non-union healthcare workers for joining union picketing violated NLRA, even though union's picketing was illegal..
The National Labor Relations Board has issued an order accepting as “the law of the case” a 2009 decision by the 2d U.S. Circuit Court of Appeals in which, drawing a distinction between picketing and striking, that Court held that a New York health clinic unlawfully fired five employees for joining a picket line, even though the picketing itself was an unfair labor practice by the union. Correctional Medical Services, Inc, 356 N.L.R.B. No. 48, December 9, 2010.
Firing of Non-Union Healthcare Workers for Picketing Was Illegal.
Drawing a distinction between picketing and striking, the 2d U.S. Circuit Court of Appeals has held that a New York health clinic unlawfully fired five employees for joining a picket line, even though the picketing itself was an unfair labor practice by the union.
Picketing for Single Employee Bargaining Unit is not Protected (pdf).
ULP stemming from termination.
"Shame On" Banners Likely To Continue (pdf).
By now, most Phoenix-region employers have grown familiar with the Carpenter’s Union’s
“Shame On” banners dotting the Phoenix landscape, and have asked the question whether the banners violate labor laws. In a much anticipated decision, the Ninth Circuit Court of Appeals ruled last week that union “bannering” is not the same as picketing and, therefore, that the Carpenter’s Union should not be enjoined from continued bannering of secondary businesses. “While the Ninth Circuit decision is disconcerting to employers,” notes Ogletree Deakins’ attorney Christopher Mason, “it still leaves open the possibility that secondary bannering may be enjoined in appropriate circumstances.”
