54024 Federal Register/Vol. 76, No. 168/Tuesday, August 30, 2011/Rules and Regulations individual provisions in this section of — establishments. One comment, in provision. Accordingly, the final notice the notice received numerous comments particular, suggests the notice should will state that it is illegal for an and suggestions for improvement. The advise healthcare employees that they employer to ‘‘prohibit you from talking vast majority of the comments about the do not enjoy a protected right to solicit about or soliciting for a union during specific provisions are from in immediate patient care areas or non-work time, such as before or after representatives of employers. Those where their activity might disturb work or during break times; or from comments generally contend that the patients. See Beth Israel Hosp. v. NLRB, distributing union literature during non- provisions are overgeneralizations and 437 U.S. 483 (1978). The comment work time, in non-work areas, such as do not articulate the legal standard for proposes to include a qualification that parking lots or break rooms.” evaluating allegations of unlawful a hospital or other health care employer... ‘onine Empl About Uni conduct or indicate factual scenarios in may prohibit all solicitation in if, ‘Questioning Employees. Ahout Unto which certain employer conduct may be immediate patient care areas or outside ClVity lawful. those areas when necessary to avoid The Board received one comment After reviewing all ofthe comments, disrupting health care operations or concerning this provision, suggesting the Board has decided to revise one of disturbing patients. Another comment _ that it was confusing. The Board the examples of unlawful employer suggests that the law in this area is so believes the existing language is conduct contained in the NPRM. The complex that no meaningful but sufficiently clear. Board concludes that the other succinct provision can be constructed, — ‘ : ‘ . or iii. Taking Adverse Ac