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N.L.R.B. v. PENINSULA GENERAL HOSP. MEDICAL CENTER

Nos. 94-1202, 94-1232.

36 F.3d 1262 (1994)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. PENINSULA GENERAL HOSPITAL MEDICAL CENTER, Respondent. PENINSULA REGIONAL MEDICAL CENTER, formerly known as Peninsula General Hospital Medical Center, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided October 18, 1994.

Attorney(s) appearing for the Case

ARGUED: David S. Habenstreit, N.L.R.B., Washington, DC, for petitioner. Gary L. Simpler, Arthur Mortimer Brewer, Shawe & Rosenthal, Baltimore, MD, for respondent. ON BRIEF: Frederick L. Feinstein, Gen. Counsel, Linda Sher, Acting Associate Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, Linda Dreeben, Supervisory Attorney, N.L.R.B., Washington, DC, for petitioner. Frances Taylor, Shawe & Rosenthal, Baltimore, MD, for respondent.

Before WILKINS and WILLIAMS, Circuit Judges, and SHEDD, United States District Judge for the District of South Carolina, sitting by designation.

OPINION

SHEDD, District Judge:

The National Labor Relations Board ("Board") has applied for enforcement, and Peninsula Regional Medical Center ("Peninsula") has petitioned for review, of an order reported at 312 N.L.R.B. No. 97 (1993), in which the Board found that an employee organization known as the Nursing Services Organization ("NSO"), which Peninsula formed, is a "labor organization" within the meaning of § 2(5) of the National Labor Relations...

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