BEVERLY CALIFORNIA CORP. v. N.L.R.B.

Nos. 91-5660, 90-5856.

970 F.2d 1548 (1992)

BEVERLY CALIFORNIA CORPORATION, Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Applicant.

United States Court of Appeals, Sixth Circuit.

Decided July 29, 1992.


Attorney(s) appearing for the Case

Andrew A. Peterson (argued), Jackson, Lewis, Schnitzler & Krupman, Thomas V. Walsh (briefed), Jackson, Lewis, Schnitzler & Krupman, White Plains, N.Y., Kathleen Achterhol, Fort Smith, Ark., for petitioner, cross-respondent.

Aileen A. Armstrong, Deputy Associate Gen. Counsel, Howard E. Perlstein (briefed), Marilyn O'Rourke (argued), N.L.R.B., Office of the General Counsel, Washington, D.C., Gerald Kobell, Regional Counsel, N.L.R.B. Pittsburgh, Pa., for respondent, cross-petitioner.

Before: NELSON and BOGGS, Circuit Judges; and BERTELSMAN, Chief District Judge.


DAVID A. NELSON, Circuit Judge.

This is a labor relations case that presents a frequently recurring question: how to apply the term "supervisor," as defined in 29 U.S.C. § 152(11), in determining eligibility for union representation.

As often happens in such cases, the individuals whose status is in question here — a group of registered nurses employed at a nursing home — had jobs that put them close to the dividing line between labor and...

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