In its April 1, 2019, order list, the Supreme Court denied review of a D.C. Circuit decision that upheld the NLRB’s determination that off-duty hospital employees holding picket signs on hospital property next to a nonemergency entrance were engaged in protected activity. The appeals court found the Board correctly applied the framework set forth in Republic Aviation Corp. v. NLRB to reject the hospital’s attempt to stop the employees’ stationary display of picket signs. General Counsel Peter Robb earlier signaled his intent to revisit the Obama Board’s reasoning in this case, however.
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