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HIGHLAND HOSP. v. N.L.R.B.

Nos. 183, 323, Dockets 88-4081, 88-4093.

861 F.2d 56 (1988)

HIGHLAND HOSPITAL, Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner, New York State Nurses Association, Intervenor.

United States Court of Appeals, Second Circuit.

Decided November 9, 1988.

Attorney(s) appearing for the Case

Eric S. Lamm, New York City (Howard G. Estock, Brian J. Clark, Clifton Budd Burke & DeMaria, New York City, on the brief), for petitioner, cross-respondent.

Richard A. Cohen, N.L.R.B., Washington, D.C. (Rosemary M. Collyer, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Assoc. Gen. Counsel, Aileen A. Armstrong, Deputy Assoc. Gen. Counsel, Perlstein, Supervisory Atty., N.L.R.B., Washington, D.C., on the brief), for respondent, cross-petitioner.

Richard J. Silber, Albany, N.Y. (Harder, Silber and Gillen, Albany, N.Y., on the brief), for intervenor.

Before FEINBERG, Chief Judge, NEWMAN and GARTH, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

Highland Hospital ("Highland") petitions for review of an order of the National Labor Relations Board ("NLRB") requiring Highland to sign and execute an agreed-upon collective bargaining agreement with the New York State Nurses Association ("NYSNA"), the certified bargaining representative of non-supervisory registered nurses employed at the hospital. Highland asserts that NYSNA is an illegal bargaining representative under section 8...

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