Hospital & Health Care Employees District 1199 (United Hospital of Newark), 443 (1977)

National Labor Relations Board

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Hospital & Health Care Employees District 1199 (United Hospital of Newark), 443 (1977)

DISTRICT 1199, NATIONAL UNION OF HOSPITAL AND HEALTH CARE EMPLOYEES District 1199, National Union of Hospital and Health Care Employees, RWDSU, AFL-CIO and United Hospitals of Newark. Case 22-CG-3

September 28, 1977 DECISION AND ORDER

On December 22, 1976, Administrative Law Judge Ralph Winkler issued the attached Decision in this proceeding. Thereafter, Respondent filed exceptions and a supporting brief, and the Charging Party filed a brief in opposition to Respondent's exceptions.

The Board has considered the record and the attached Decision in light of the exceptions and briefs and has decided to affirm the rulings, findings, and conclusions of the Administrative Law Judge and to adopt his recommended Order, as modified herein.

The Administrative Law Judge found that Respondent violated Section 8(g) of the Act by picketing the premises of United Hospitals of Newark without first giving 10 days' written notice.1

We agree, for the reasons set forth below, that a violation has been committed.2

The essential facts are not in dispute. After Respondent Union's certification as representative for Newark Hospital's technical 3 and professional4 employees, the Union and United Hospitals entered into contract negotiations. By letter dated March 25, 1976, with a copy to United Hospitals, the Union advised FMCS that a dispute existed which was subject to mediation. During the week or so before April 20, the Union distributed a leaflet announcing a 'demonstration' to be held on April 20 from 2 to 5 p.m. Union Vice President Evanoff testified that the purpose of the 'demonstration' was to allow union members to show their support for the negotiating committee. No notice of the 'demonstration' was given to United Hospitals or FMCS.

On April 20, between 2 and 4:30 p.m., approximately 25 Newark Hospital employees walked in a circle in front of its main entrance, which is used by ] Sec. 8(g) provides:

(g) A labor organiz...

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