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MANCHESTER HEALTH CENTER, INC. v. N.L.R.B.

Nos. 1056, 1057, Dockets 88-4004, 88-4012.

861 F.2d 50 (1988)

MANCHESTER HEALTH CENTER, INC., d/b/a Crestfield Convalescent Home and Fenwood Manor, Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.

United States Court of Appeals, Second Circuit.

Decided November 8, 1988.

Attorney(s) appearing for the Case

Rolland Castleman, Lessner, Castleman & Falkenstein, Manchester, Conn., for petitioner-cross-respondent.

Frederick C. Havard, N.L.R.B., Washington, D.C. (Rosemary M. Collyer, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, Collis S. Stocking, Supervisory Atty., N.L.R.B., Washington, D.C., of counsel), for respondent-cross-petitioner.

Before MESKILL and WINTER, Circuit Judges, and McCURN, District Judge.

WINTER, Circuit Judge:

This petition for review and cross-application for enforcement of an order of the National Labor Relations Board raise an apparently unique issue regarding "no-solicitation" rules. That issue arises from a health-care facility's disciplining of employees pursuant to a rule prohibiting the discussion of union matters while employees are either on work time or in patient areas. The unique aspect arises from the fact that the rule was agreed to...

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