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PASSAVANT RETIREMENT & HEALTH CENTER v. N.L.R.B.

Nos. 97-3311, 97-3380.

149 F.3d 243 (1998)

PASSAVANT RETIREMENT & HEALTH CENTER, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. PASSAVANT RETIREMENT & HEALTH CENTER, Respondent.

United States Court of Appeals, Third Circuit.

Decided July 24, 1998.

Attorney(s) appearing for the Case

John E. Lyncheski (argued), Joseph M. McDermott, Cohen & Grigsby, Pittsburgh, PA, for Petitioner/Cross-Respondent Passavant Retirement & Health Center.

Aileen A. Armstrong, Peter D. Winkler, William M. Bernstein, (argued on behalf of Aileen A. Armstrong), National Labor Relations Board, Washington, DC, for Respondent/Cross-Petitioner National Labor Relations Board.

Before: GREENBERG, NYGAARD, and McKEE, Circuit Judges

OPINION OF THE COURT

NYGAARD, Circuit Judge.

Passavant Retirement & Health Center requests that we review a decision of the National Labor Relations Board which concluded that Passavant committed an unfair labor practice violating section 8(a)(1) and (5) of the National Labor Relations Act (NLRA), 29 U.S.C. § 158(a)(1), (5). Passavant refused to bargain with the General Teamsters, Chauffeurs, Warehousemen and Helpers Local Union No. 538 a/w International...

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