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N.L.R.B. v. COMMUNITY HEALTH SERVICES, INC.

Nos. 82-1821, 82-1851.

705 F.2d 18 (1983)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. COMMUNITY HEALTH SERVICES, INC., Respondent. Local No. 5050, Federation of Community Health Professionals, a/w Maine Federation of Teachers, Nurses, and Health Professionals, AFT/AFL-CIO, Intervenor. COMMUNITY HEALTH SERVICES, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, First Circuit.

Decided April 28, 1983.

Attorney(s) appearing for the Case

Robert A. Moore, Portland, Me., with whom A.M. Horton, and Verrill & Dana, Portland, Me., were on brief, for Community Health Services, Inc.

Linda B. Weisel, Atty., N.L.R.B., Washington, D.C., with whom William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, and Helen L. Morgan, Atty., N.L.R.B., Washington, D.C., were on brief, for the N.L.R.B.

Michael Radzilowsky, Chicago, Ill., with whom Lawrence A. Poltrock, and DeJong, Poltrock & Giampietro, Chicago, Ill., were on brief, for intervenor.

Before CAMPBELL, Chief Judge, HAYNSWORTH, Senior Circuit Judge, and BREYER, Circuit Judge.

BREYER, Circuit Judge.

Community Health Services, Inc. ("CHS"), argues that the National Labor Relations Board wrongly determined that the company's 55 professional employees formed an appropriate bargaining unit under Section 9(b) of the National Labor Relations Act, 29 U.S.C. § 159(b). CHS argues that certain non-professional health workers should be included with the professionals. Having reviewed the record, we disagree. Indeed, were we to apply traditional...

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