Labor Law - Solicitation and Distribution by Employees - Nonprofit Hospital's Prohibition Presumptively Invalid Where No Showing of Patient-Care Disruption - Retail Exception Not Applicable to Cafeteria and Coffee Shop

Abstract

INTRODUCTION|The National Labor Relations Act was amended in 1974 to include within its coverage and protection employees of nonprofit health care institutions. In Beth Israel Hospital v. NLRB, the United States Supreme Court construed the 1974 amendments for the first time. The Supreme Court held that Beth Israel Hospital had violated sections (a) (1) and (a) (3) of the Act by prohibiting union solicitation and distribution of literature in its cafeteria and coffee shop by employees during nonworking time. The Court rejected the Hospital's argument that the 1974 amendments indicated a congressional intent to severely limit or otherwise entirely ban solicitation and distribution in the health care industry...