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MANORCARE OF KINGSTON PA, LLC v. N.L.R.B.

Nos. 14-1166, 14-1200.

823 F.3d 81 (2016)

MANORCARE OF KINGSTON PA, LLC, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided May 20, 2016.

Attorney(s) appearing for the Case

Charles P. Roberts, III argued the cause for petitioner. With him on the briefs was Clifford H. Nelson, Jr.

Kellie Isbell , Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Richard F. Griffin, Jr. , General Counsel, John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, Usha Dheenan , Supervisor Attorney, and Gregoire Sauter , Attorney.

Opinion concurring in part and concurring in the judgment filed by Circuit Judge SRINIVASAN.

Employees of ManorCare of Kingston (ManorCare), a skilled-nursing facility in Kingston, Pennsylvania, selected the Laborers International Union of North America, Local 1310 as their collective-bargaining representative. Because ManorCare alleges third-party misconduct disrupted the election...

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