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BEVERLY ENTERPRISES-PENNSYLVANIA v. DIST. 1199C

No. 95-2025.

90 F.3d 93 (1996)

BEVERLY ENTERPRISES-PENNSYLVANIA, INC., d/b/a Stenton Hall Nursing And Convalescent Home, Appellant, v. DISTRICT 1199C NATIONAL UNION OF HOSPITAL AND HEALTH CARE EMPLOYEES, AFSCME, AFL-CIO; National Union Of Hospital And Health Care Employees, AFSCME, AFL-CIO.

United States Court of Appeals, Third Circuit.

Decided July 29, 1996.

Attorney(s) appearing for the Case

J. Freedley Hunsicker, Jr. (argued), Drinker, Biddle & Reath, Philadelphia, PA, Hugh L. Reilly, Chief Counsel for Labor and Employment, Beverly Enterprises, Ft. Smith, AR, for Beverly Enterprises-Pennsylvania, Inc. d/b/a Stenton Hall Nursing and Convalescent Home, Appellant.

Gail Lopez-Henriquez (argued), Freedman and Lorry, P.C., Philadelphia, PA, James B. Coppess, Washington, D.C., Marsha S. Berzon, Altshuler, Berzon, Nussbaum, Berzon and Rubin, San Francisco, CA, for District 1199C, National Union of Hospital and Health Care Employees, AFSCME, AFL-CIO and National Union of Hospital and Health Care Employees, AFSCME, AFL-CIO, Appellees.

Before: BECKER and MANSMANN, Circuit Judges, and SCHWARZER, Senior District Judge.

OPINION OF THE COURT

WILLIAM W SCHWARZER, Senior District Judge:

Beverly Enterprises-Pennsylvania, Inc., brought this action under Section 301 of the Labor-Management Relations Act, 29 U.S.C. § 185(a) and (c)(2), for a declaration that the union security clause in its collective bargaining agreement violates Section 8(a)(3) of the National Labor Relations Act of 1935 (NLRA), 29 U.S.C. § 158(a)(3)1. The defendant unions...

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