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II. RIGHTS PROTECTED

The basic rights set forth by the NLRA are:

Section 7. Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities.. . .

It is important to note that not all the concerted activities listed above are always protected. An employer's obligation to bargain is limited to wages, hours and working conditions. Strikes in violation of a collective bargaining agreement or carried on in an unlawful manner (mass picketing, violence, slowdown or intermittent strikes) are not protected. In the health-care field, there are special notice requirements imposed upon unions before they can strike for economic gains. Thus, strikes in violation of those notice requirements are also unprotected. In those cases, the employer is allowed to discharge or discipline employees involved in such unprotected activity.

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