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CARRINGTON SOUTH HEALTH CARE CENTER v. N.L.R.B.

Nos. 94-5811, 94-5911.

76 F.3d 802 (1996)

CARRINGTON SOUTH HEALTH CARE CENTER, INC., Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, Sixth Circuit.

Decided February 28, 1996.

Attorney(s) appearing for the Case

David H. Shaffer (briefed), Roger W. Strassburg, Jr. (argued), Andrew A. Paisley (briefed), Joondeph & Shaffer, Akron, OH, for Carrington South Health Care Center, Inc.

Joan Hoyte-Hayes (briefed), N.L.R.B., Office of General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Frederick C. Havard (argued), N.L.R.B., Margaret Gaines Neigus (briefed), N.L.R.B., Washington, DC, for N.L.R.B.

Before: MERRITT, Chief Judge; RYAN, Circuit Judge; CLELAND, District Judge.

CLELAND, District Judge.

Employees at Petitioner's nursing home voted to unionize, and Petitioner filed objections to the union's campaign methods with NLRB's Regional Director, asserting that the methods included racially inflammatory appeals. The Regional Director conducted an investigation, but conducted no hearing before overruling Petitioner's objections and certifying the union. The NLRB refused to review the Regional Director's decision, determining that Petitioner...

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