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INDIANA HOSP., INC. v. N.L.R.B.

Nos. 93-3070, 93-3096.

10 F.3d 151 (1993)

INDIANA HOSPITAL, INC., A Wholly-Owned Subsidiary of Indiana Health Care Corporation, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, International Union of Operating Engineers, Local Union of 95-95A, AFL-CIO ("the Union"), Intervenor. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. INDIANA HOSPITAL, INC., A Wholly-Owned Subsidiary of Indiana Health Care Corporation, Respondent.

United States Court of Appeals, Third Circuit.

Decided November 26, 1993.

Attorney(s) appearing for the Case

James B. Brown (argued), Joseph M. McDermott, Jeffrey A. Van Doren, Cohen & Grigsby, Pittsburgh, PA, for petitioner/cross respondent.

Paul J. Spielberg (argued), Aileen A. Armstrong, William A. Baudler, N.L.R.B., Washington, DC, for respondent/cross petitioner.

Michael R. Fanning (argued), Helen L. Morgan, Washington, DC, for intervenor/respondent.

Before: SCIRICA, ALITO, and ALDISERT, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge:

The Indiana Hospital, Inc. has petitioned for review of an order of the National Labor Relations Board, and the Board has cross-petitioned for enforcement of its order. The Board held that the hospital had committed an unfair labor practice by refusing to bargain with the union that had been certified, after an election, as the bargaining representative for the hospital's skilled maintenance workers. The hospital...

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