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BEVERLY ENTERPRISES-MASSACHUSETTS, INC. v. N.L.R.B.

No. 97-1672.

165 F.3d 960 (1999)

BEVERLY ENTERPRISES-MASSACHUSETTS, INC., d/b/a East Village Nursing & Rehabilitation Center, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided February 2, 1999.

Attorney(s) appearing for the Case

Howard M. Bloom argued the cause and filed the briefs for petitioner.

Charles Donnelly, Supervisory Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Linda Sher, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel at the time the brief was filed, and Christopher W. Young, Attorney. John D. Burgoyne, Acting Deputy Associate General Counsel, entered an appearance.

Before: WALD, SILBERMAN and SENTELLE, Circuit Judges.

Opinion for the court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Employer East Village Nursing & Rehabilitation Center ("East Village") petitions for review of an order of the National Labor Relations Board ("NLRB" or "Board") finding that it violated sections 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. § 158(a)(1), (5). East Village acknowledges that it refused to bargain with the union certified as the representative...

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