1. Whether the National Labor Relations Board
(Board), as affirmed by the D.C. Circuit, correctly
determined that Republic Aviation Corp. v. NLRB, 324
U.S. 793 (1945) and Beth Israel Hospital v. NLRB, 437
U.S. 483 (1978)) (approving the Board's presumptionthat employees of an acute-care hospital have a rightunder Section 7 of the National Labor Relations Act toorally solicit coworkers during nonworking time, otherthan in immediate patient care areas, and tocommunicate through distribution of written literaturein non-patient care/non-work areas, during nonworkingtime), rather than NLRB v. Babcock & Wilcox Co., 351
U.S. 105 (1956) and Hudgens v. NLRB, 424 U.S. 507
(1976) (Section 7 and private property rights must bebalanced across a spectrum that depends on the natureand strength of the respective rights in any givencontext), establish the governing framework whenemployees seek to engage in informational picketingimmediately in front of the main entrances to theemployer's acute care hospital.

2. Whether the Board, as affirmed by the D.C.
Circuit, properly found that Capital Medical Centercommitted unfair labor practices by requesting that off-duty employees refrain from picketing immediately infront of the Hospital's main lobby entrance and bythreatening discipline and contacting local lawenforcement when employees declined to comply, eventhough employees were freely permitted to distributeinformational handbills both on and off Hospitalproperty and were safely and effectively able to engagein informational picketing on the public sidewalkssurrounding the Hospital's private property.

Whether the National Labor Relations Board's framework for employee informational picketing at acute care hospitals