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TORRINGTON EXTEND-A-CARE EMPLOYEE ASS'N v. N.L.R.B.

Nos. 2135, 2136 and 2137, Dockets 93-4016, 93-4038 and 93-4050.

17 F.3d 580 (1994)

TORRINGTON EXTEND-A-CARE EMPLOYEE ASSOCIATION, A/W New England Health Care Employees, District 1199, National Union of Hospital and Health Care Employees, SEIU, AFL-CIO, CLC, Petitioner, Beverly California Corporation, formerly known as Beverly Enterprises, its operating divisions, wholly owned subsidiaries, and individual facilities, Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner, U.F.C.W. Locals 73A and 917, Intervenors.

United States Court of Appeals, Second Circuit.

Decided February 28, 1994.

Attorney(s) appearing for the Case

James B. Coppes, Washington, D.C., (Jonathan P. Hiatt, Washington, D.C., of counsel), for Petitioner.

Warren M. Davison, Baltimore, Maryland, (Roger Darius Meade, Thomas P. Dowd, Littler, Mendelson, Fastiff & Tichy, Baltimore, Maryland, of counsel), for Petitioner-Cross-Respondent.

Robert J. Englehart, National Labor Relations Board, Washington, D.C. (Jerry M. Hunter, General Counsel, Yvonne T. Dixon, Acting Associate General Counsel, Nicholas E. Karatinos, Acting Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Linda Dreeben, Vincent J. Falvo, Jr., National Labor Relations Board, Washington, D.C., of counsel), for Respondent-Cross-Petitioner.

Before WINTER, MINER and WALKER, Circuit Judges.

WINTER, Circuit Judge:

The National Labor Relations Board concluded that petitioner-cross-respondent Beverly California Corporation ("Beverly"), a nationwide company that owns and operates 985 nursing homes, committed numerous unfair labor practices at various facilities between July 1986 and May 1988. Specifically, the Board concluded that Beverly committed over 130 violations of Section 8(a)(1), (3) and (5) of the National Labor Relations Act (the "Act"), 29 U.S...

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