VISITING NURSE HEALTH SYSTEM, INC. v. N.L.R.B.

No. 96-8058.

108 F.3d 1358 (1997)

VISITING NURSE HEALTH SYSTEM, INC. f.k.a. Visiting Nurse Association of Metropolitan Atlanta, Inc., Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner, and United Food and Commercial Workers, Local No. 1996, Intervenor.

United States Court of Appeals, Eleventh Circuit.

March 31, 1997.


Attorney(s) appearing for the Case

Richard R. Boisseau, Lori J. Shapiro, Kilpatrick & Stockton, L.L.P., Atlanta, GA, for Petitioner—Cross-Respondent.

Aileen Armstrong, Deputy Assoc. Counsel, Peter Winkler, Joan E. Hoyte, NLRB, Washington, DC, for Respondent — Cross-Petitioner.

James D. Fagan, Jr., Atlanta, GA, for Intervenor.

Before COX, Circuit Judge, KRAVITCH, Senior Circuit Judge, and STAGG, Senior District Judge.


STAGG, Senior District Judge:

In the proceedings below, the National Labor Relations Board ("NLRB" or the "Board") held that the vote of Staff Nurse Iris Mead should not be counted in the union election and held that Visiting Nurses Health System, Inc. ("VNHS") untimely raised the issue of whether its staff nurses are supervisors under NLRB v. Health Care & Retirement Corp., 511 U.S. 571

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