United States Second Circuit

In a union's petition for review of an NLRB decision finding lawful an employer's termination of non-union employees for having picketed a health clinic, the petition is granted, where the distinctions Congress made in 29 U.S.C. section 158(d) between striking and picketing indicate an intent to protect an employee from such discipline imposed by reason of participation in picketing without the notice required of labor organizations by Section 158(g).

Appellate Information

• Decided 06/19/2009
• Published 06/19/2009

Judges

• B.D. PARKER, Jr., Circuit Judge:, Before LEVAL, POOLER, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Harold Craig Becker (Nancy Hoffman, General Counsel, Miguel G. Ortiz, Senior Associate Counsel, Daren Rylewicz, Senior Associate Counsel, CSEA/AFSCME Local 1000, Albany N.Y., on the brief), Chicago, IL, for Petitioner Civil Service Employees Association, Local 1000, AFSCME., Cynthia K. Springer, Baker & Daniels LLP, Indianapolis, IN, for Intervenor Correctional Medical Services, Inc.


• For Appellees:
  
• Elizabeth A. Heaney, Attorney (Fred B. Jacob, Supervisory Attorney, Ronald Meisburg, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, on the brief), Washington, DC, for Respondent National Labor Relations Board.