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ST. ANTHONY HOSPITAL SYSTEMS v. N. L. R. B.

No. 80-1968.

655 F.2d 1028 (1981)

ST. ANTHONY HOSPITAL SYSTEMS, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and St. Anthony's Federation of Nurses and Health Professionals, Intervenor.

United States Court of Appeals, Tenth Circuit.

Decided August 4, 1981.

Rehearing Granted January 4, 1982.

Attorney(s) appearing for the Case

Earl K. Madsen, Golden, Colo. (Lawrence W. Marquess, Golden, Colo., with him on the brief), of Bradley, Campbell & Carney, Golden, Colo., for petitioner.

Charles P. Donnelly, Washington, D. C. (William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, and John G. Elligers, Atty., N. L. R. B., Washington, D. C., with him in the brief), for respondent.

Michael Radzilowsky, Chicago, Ill. (Lawrence A. Poltrock and Stephen G. Daday, Chicago, Ill., with him on the brief), of Dejong, Poltrock & Giampietro, Chicago, Ill., for intervenor.

Before BARRETT and LOGAN, Circuit Judges, and O'CONNOR, District Judge.

Rehearing En Banc Granted January 4, 1982.

LOGAN, Circuit Judge.

St. Anthony Hospital Systems petitions for review of a decision and order of the National Labor Relations Board (NLRB or Board) finding the hospital engaged in unfair labor practices by refusing to bargain with St. Anthony's Federation of Nurses and Health Professionals/AFT/FNHP, CFT, AFL-CIO (the union). The only issues raised on appeal are whether the Board (1) unconstitutionally asserted jurisdiction...

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