KENTUCKY RIVER COMMUNITY CARE, INC. v. N.L.R.B.

Nos. 97-5885, 97-5983.

193 F.3d 444 (1999)

KENTUCKY RIVER COMMUNITY CARE, INC., Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner, Kentucky State District Council of Carpenters, AFL-CIO, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided October 4, 1999.


Attorney(s) appearing for the Case

Cheryl E. Bruner (briefed), Dinsmore & Shohl, Cincinnati, OH; Michael W. Hawkins (argued and briefed), Covington, KY, for Petitioner/Cross-Respondent.

Fred L. Cornnell, Jr. (briefed), Daniel J. Michalski (argued and briefed), Aileen A. Armstrong (briefed), John D. Burgoyne, National Labor Relations Board, Washington, DC, for Respondent/Cross-Petitioner.

Thomas J. Schulz (argued and briefed), Kentucky State District Council of Carpenters, AFL-CIO, Frankfort, KY, for Intervenor.

Before: JONES, RYAN, and BATCHELDER, Circuit Judges.


RYAN, J., delivered the opinion of the court, in which BATCHELDER, J., joined. JONES, J. (pp. 21-23), delivered a separate dissenting opinion.

OPINION

RYAN, Circuit Judge.

This is another in an increasing number of cases involving the question whether nurses are supervisors within the meaning of the National Labor Relations Act, 29 U.S.C. § 152(11), in which we are required to direct the National Labor Relations Board to apply the law as this...

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