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DISTRICT 1199P v. N.L.R.B.

No. 88-3141.

864 F.2d 1096 (1989)

DISTRICT 1199P, NATIONAL UNION OF HOSPITAL AND HEALTH CARE EMPLOYEES, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Morton Development Corporation, Intervenor.

United States Court of Appeals, Third Circuit.

Decided January 4, 1989.

Attorney(s) appearing for the Case

David M. Silberman (argued), Laurence Gold, Washington, D.C., Miriam L. Gafni, Freedman and Lorry, P.C., Philadelphia, Pa., for petitioner.

Peter Winkler (argued), Michael D. Fox, Aileen A. Armstrong, Rosemary M. Collyer, John E. Higgins, Jr., Robert E. Allen, N.L.R.B., Washington, D.C., for respondent.

Lawrence B. Fine (argued), Julia W. Manning, Morgan, Lewis & Bockius, Philadelphia, Pa., for intervenor.

Before BECKER, HUTCHINSON and SCIRICA, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge:

I. INTRODUCTION

As briefed and argued, this petition by District 1199P, National Union of Hospital and Health Care Employees ("Union"), for review of a final order of the National Labor Relations Board presents the important question whether an employer has a duty to bargain with a union when, after a bona fide closing of a facility for economic reasons, the employer reopens the facility as a different...

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