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033306P.pdf 05/11/2005 MN Licensed Nurses v. NLRB
U.S. Court of Appeals Case No: 03-3306
Agency
Petition for Review - NLRB. Although the Board's holding that the
Union violated Section 8(g) of the National Labor Relations Act by
unilaterally delaying the commencement of a strike beyond the time
disclosed in the ten-day notice mandated by Section 8(g) departed from
prior precedent, the decision was based on a rational and consistent
interpretation of the Act and effectuated the policy underlying the statute;
as a result, the Board did not err in finding that the striking nurses lost
their status as protected employees and could be terminated without
violating the Act.
[PUBLISHED] [Loken, Author, with Magill and Benton, Circuit Judges]