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N. L. R. B. v. DOCTORS' HOSPITAL OF MODESTO, INC.

No. 72-1405.

489 F.2d 772 (1973)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. DOCTORS' HOSPITAL OF MODESTO, INC., Respondent.

United States Court of Appeals, Ninth Circuit.

December 27, 1973.

Attorney(s) appearing for the Case

Vivian A. Miller (argued), National Labor Relations Board, Washington, D. C., Roy O. Hoffman, Director, Region 20, NLRB, San Francisco, Cal., for petitioner.

J. Richard Thesing (argued), Littler, Mendelson & Fastiff, San Francisco, Cal., California Nurses Ass'n, San Francisco, Cal., for respondent.

Before MERRILL, CARTER and GOODWIN, Circuit Judges.

JAMES M. CARTER, Circuit Judge:

In this case, the court of appeals reviews the actions of the National Labor Relations Board in a representation proceeding and an unfair labor practice proceeding for refusal to bargain. The questions presented concern the Board's power and expertise in determining (1) whether in a proper bargaining unit certain employees should have been excluded as "supervisors," and (2) whether an election was impaired because certain nurses voted...

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