No. 97-3431.

158 F.3d 407 (1998)

NATIONAL LABOR RELATIONS BOARD, Petitioner, and United Food and Commercial Workers, Local No. 1444, Intervening-Petitioner, v. GRANCARE, INC., d/b/a Audubon Health Care Center, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided September 4, 1998.

Rehearing and Suggestion for Rehearing Granted, Decision Vacated November 30, 1998.

Attorney(s) appearing for the Case

John D. Burgoyne (argued), Appellate Court, Enforcement Litigation, Washington, DC, for Petitioner.

Christopher J. Johnson (argued), Beck, Chaet, Loomis, Molony & Bamberger, Milwaukee, WI, for Respondent.

Scott D. Soldon, Naomi E. Soldon (argued), Previant, Goldberg, Uelman, Gratz, Miller & Bruegeman, Milwaukee, WI, for Intervenor-Petitioner.

Before COFFEY, KANNE and EVANS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Granted, Panel Decision Vacated November 30, 1998.

KANNE, Circuit Judge.

This matter comes before us on an application for enforcement of an order of the National Labor Relations Board ("NLRB" or "Board") requiring GranCare, d/b/a Audubon Health Care Center ("GranCare" or "Audubon"), to bargain with United Food and Commercial Workers Union, Local 1444, which the NLRB had certified as the exclusive representative...

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