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

Nos. 96-2778, 97-1037.

165 F.3d 307 (1999)

BEVERLY ENTERPRISES, WEST VIRGINIA, INCORPORATED, d/b/a Glasgow Rehabilitation and Living Center, 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, West Virginia, Incorporated, d/b/a Glasgow Rehabilitation and Living Center, 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, AFL-CIO, 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 crossapplication 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.

OPINION

NIEMEYER, Circuit Judge:

After Beverly Enterprises, West Virginia, Inc., refused to bargain with a unit certified by the National Labor Relations Board that included licensed practical nurses who are functioning...

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