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TRESSLER LUTHERAN HOME FOR CHILDREN v. N. L. R. B.

No. 81-1302.

677 F.2d 302 (1982)

TRESSLER LUTHERAN HOME FOR CHILDREN, t/a Frostburg Village of Allegany County Nursing Home, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Third Circuit.

Decided April 26, 1982.

Rehearing and Rehearing July 16, 1982.

Attorney(s) appearing for the Case

Ronald M. Katzman (argued), Thomas E. Brenner, Goldberg, Evans & Katzman, Harrisburg, Pa., for petitioner.

Eric Moskowitz (argued), W. Christian Schumann, 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, N. L. R. B., Washington, D.C., for respondent.

Before HUNTER, WEIS and HIGGINBOTHAM, Circuit Judges.

Rehearing and Rehearing In Banc July 16, 1982.

OPINION OF THE COURT

WEIS, Circuit Judge.

A nursing home affiliated with the Lutheran Church contends that application of the National Labor Relations Act to it would be a violation of the free exercise clause of the First Amendment. Relying on its own precedents, which cited specific statutory authorization, the Board rejected the jurisdictional challenge. The employer also objected to various union...

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