Discuss the NLRA provisions regarding picketing or refusal to ...

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Discuss the NLRA provisions regarding picketing or refusal to work against any health-care institution.

Question 2

Can primary or secondary employer sue even if unfair labor practice charge has been filed with the National Labor Relations Board?

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Answer to Question 1

Section 8(g) of the National Labor Relations Act provides that a union must give written notice of any strike, picketing, or any other concerted refusal to work against any health-care institution at least ten days prior to the beginning of the strike or picketing. A union that unilaterally delays the start of a strike beyond the time specified in the written notice violates Section 8(g). Employees who engage in a strike in violation of the notice requirements of Section 8(g) lose their status as employees under the NLRA, and may be discharged for such conduct. Although there is a constitutional right to picket, there is no constitutional right to strike.

Answer to Question 2

There are provisions in the National Labor Relations Board which allow both the primary or secondary employer to sue under Section 303 even if unfair labor practice charge has been filed with the Board.