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N.L.R.B. v. GOOD SHEPHERD HOME, INC.

Nos. 97-5192, 97-5314.

145 F.3d 814 (1998)

NATIONAL LABOR RELATIONS BOARD, Petitioner/Cross-Respondent, United Food and Commercial Workers International Union, AFL-CIO/CLC, Local 911, Intervenor, v. GOOD SHEPHERD HOME, INC., Respondent/Cross-Petitioner.

United States Court of Appeals, Sixth Circuit.

Decided May 29, 1998.

Attorney(s) appearing for the Case

Fred L. Cornnell, Jr. (briefed), Daniel J. Michalski (argued and briefed), N.L.R.B., Office of the General Counsel, Washington, DC, Aileen A. Armstrong (briefed), N.L.R.B., Appellate Court Branch, Washington, DC, for Petitioner/Cross-Respondent.

Ted Iorio (briefed), Christine A. Reardon (argued and briefed), David E. Weisblatt, Kalniz, Iorio & Feldstein, Toledo, OH, for Intervenor.

George Roger King (argued and briefed), Gregory W. Guevara (briefed), Jones, Day, Reavis & Pogue, Columbus, OH, Paul P. DeCamp, Irell & Manella, Los Angeles, CA, for Respondent/Cross-Petitioner.

Before: KENNEDY, WELLFORD, and SILER, Circuit Judges.

OPINION

WELLFORD, Circuit Judge.

Good Shepherd Home, Inc. ("Good Shepherd") is a small non-profit nursing home located in rural Fostoria, Ohio. On September 15, 1995, the Union filed a petition with the Board, seeking certification as the collective bargaining representative for a unit of the employees at Good Shepherd. On November 2, 1995, the Board conducted a secret ballot election, which resulted in 57 votes...

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