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N.L.R.B. v. BEVERLY ENTERPRISES-MASSACHUSETTS

No. 98-1774.

174 F.3d 13 (1999)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BEVERLY ENTERPRISES-MASSACHUSETTS, INC., d/b/a Beverly Manor Nursing Home, Respondent.

United States Court of Appeals, First Circuit.

Decided April 6, 1999.

Attorney(s) appearing for the Case

Jonathan A. Keselenko, with whom David B. Ellis, Karen L. Vossler, and Foley, Hoag & Eliot, L.L.P., were on brief, for respondent.

Rachel I. Gartner, Senior Attorney, with whom Margaret A. Gaines, Supervisory Attorney, Frederick L. Feinstein, General Counsel, Linda Sher, Associate General Counsel, and John D. Burgoyne, Acting Deputy Associate General Counsel, National Labor Relations Board, were on brief, for petitioner.

Before SELYA, Circuit Judge, BOWNES, Senior Circuit Judge, and LIPEZ, Circuit Judge.

BOWNES, Senior Circuit Judge.

The National Labor Relations Board (NLRB or Board) petitioned this court for enforcement of its final order against Beverly Enterprises-Massachusetts, Inc. (Beverly). See 325 NLRB No. 95, 1998 WL 183042 (April 9, 1998). Beverly challenges the Board's order both procedurally and substantively.

Procedurally, the Board incorporated the Administrative Law Judge's (ALJ's) oral bench decision, which was made without affording...

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