1. Home
  2. Browse Decisions
  3. F.3d
  4. 165 F.3d
  5. 165 F.3d 290 (1999)
 

BEVERLY ENTERPRISES, VIRGINIA, INC. v. N.L.R.B.

No. 96-2779, 97-1098.

165 F.3d 290 (1999)

BEVERLY ENTERPRISES, VIRGINIA, INCORPORATED, d/b/a Carter Hall Nursing Home, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. American Federation Of Labor And Congress Of Industrial Organizations (AFL-CIO), Amicus Curiae. National Labor Relations Board, Petitioner, v. Beverly Enterprises, Virginia, Incorporated, d/b/a Carter Hall Nursing Home, Respondent. American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided January 19, 1999.

Attorney(s) appearing for the Case

ARGUED: Andrew Allen Peterson, Jackson, Lewis, Schnitzler & Krupman, White Plains, NY, for Petitioner. Linda Jill Dreeben, N.L.R.B., Washington, D.C., for Respondent. ON BRIEF: James D. Williams, Jr., Thomas V. Walsh, Jackson, Lewis, Schnitzler & Krupman, White Plains, NY, for Petitioner. Frederick L. Feinstein, General, Linda Sher, Associate General, Aileen A. Armstrong, Deputy Associate General, Joseph A. Oertel, N.L.R.B., Washington, D.C., for Respondent. Jonathan P. Hiatt, AFLCIO, Washington, D.C.; David M. Silberman, Laurence Gold, Washington, D.C., for Amicus Curiae.

Before WILKINSON, Chief Judge, and WIDENER, MURNAGHAN, ERVIN, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, MICHAEL, MOTZ, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Petition for review granted and cross-application for enforcement denied by published opinion. Judge NIEMEYER wrote the majority opinion, in which Chief Judge WILKINSON and Judges WIDENER, WILKINS, HAMILTON, LUTTIG, and WILLIAMS joined. Senior Judge PHILLIPS wrote a dissenting opinion, in which Judges MURNAGHAN, ERVIN, MICHAEL, and MOTZ joined.

OPINION

NIEMEYER, Circuit Judge:

After Beverly Enterprises, Virginia, Inc., refused to bargain with a unit...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases