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Total Articles: 6

NLRB Permits Off-Duty Employees to Picket on Employer Property

An employer’s ability to prohibit picketing on its property was dealt a serious blow when the National Labor Relations Board (NLRB) recently ruled in Capital Medical Center that an acute care hospital violated Section 8(a)(1) of the National Labor Relations Act when it sought to prevent off-duty employees from picketing on hospital property by threatening the picketers with discipline and calling the police on them.

When Is The Medium (NOT) The Message? NLRB Prohibits Acute Care Hospital From Banning Picketing Unless Distressful To Patients

In Capital Medical Center 364 NLRB No. 69 (August 12, 2016), a majority of the Board recently concluded that a hospital violated Section 8(a)(1) of the NLRA, by threatening to discipline and arrest picketers and by summoning the police to its facility when the hospital failed to prove that the picketing disrupted patient care. The Board issued an order prospectively enjoining such threats and calls for police intervention.

Labor Board Rules Off-Duty Employees May Picket On Employer Premises

In a groundbreaking expansion of union rights, the National Labor Relations Board has ruled that off-duty employees have the right to picket on an employer’s premises, unless the employer can prove under the National Labor Relations Act that a ban on picketing was necessary to prevent a disruption of health care operations. Capital Medical Center, 364 NLRB No. 69 (Aug. 12, 2016).

When and Where Can the "Line" Be Drawn? NLRB Considers When Off-Duty Employees May Picket a Hospital Employer

The National Labor Relations Board (the “Board”) recently addressed hospital employers’ ability to prohibit picketing by off-duty employees on their own premises. Although the Board concluded that a hospital employer may lawfully ban off-duty employees from picketing on its premises when picketing would disturb patients or disrupt health care operations, the Board offered hospital employers little guidance as to the evidence necessary to support such a ban.

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.

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