Despite Union's Failure to Provide Notice of Picketing, Board Rules Employee Picketing Activity is Protected

In a recent case affecting health care employers uniquely, the NLRB decided in Correctional Medical Services, Inc., 356 NLRB No. 48, that employees’ picketing was protected activity, despite the fact that the union committed an unfair labor practice by not giving proper notice of picketing.  In doing so, the Board reversed its earlier ruling in the case and found that Correctional Medical Services, Inc. (“CMS”) unlawfully threatened, interrogated, and terminated its employees in violation of the National Labor Relations Act for their participation in the picketing.

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