N.L.R.B. v. HILLIARD DEVELOPMENT CORP.

No. 98-1610.

187 F.3d 133 (1999)

NATIONAL LABOR RELATIONS BOARD, Petitioner, and Service Employees International Union, Local 285, Intervenor, v. HILLIARD DEVELOPMENT CORPORATION, d/b/a Provident Nursing Home, Respondent.

United States Court of Appeals, First Circuit.

Decided July 22, 1999.


Attorney(s) appearing for the Case

Preston L. Pugh, Attorney, with whom David Habenstreit, Supervisory Attorney, Frederick L. Feinstein, General Counsel, Linda Sher, Associate General Counsel, and John D. Burgoyne, Acting Deputy Associate General Counsel, National Labor Relations Board, were on brief, for petitioner.

David B. Rome, with whom Pyle, Rome, & Lichten and Craig Becker were on brief, for intervenor.

Keith H. McCown, with whom Allison K. Romantz, Stacy L. Miller, and Morgan, Brown & Joy were on brief, for respondent.

Before Torruella, Chief Judge, Selya and Lynch, Circuit Judges.


LYNCH, Circuit Judge.

The National Labor Relations Board petitions to enforce its order against Hillard Development Corporation,1 doing business as Provident Nursing Home. The Board found that Provident violated §§ 8(a)(5) and (1) of the National Labor Relations Act, 29 U.S.C. § 158(a)(5), (1), by refusing to bargain with the Union as a representative of a bargaining unit that includes...

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