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VIP HEALTH SERVICES, INC. v. N.L.R.B.

No. 97-1608.

164 F.3d 644 (1999)

VIP HEALTH SERVICES, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Local 2, Federation of Nurses, United Federation of Teachers, American Federation of Teachers, AFL-CIO, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 12, 1999.

Attorney(s) appearing for the Case

David Lew argued the cause for petitioner. With him on the briefs was Gary Rothman.

David Habenstreit, Supervisory Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Linda Sher, Associate General Counsel, John D. Burgoyne, Acting Deputy Associate General Counsel, and Vincent J. Falvo, Jr., Attorney. Meredith L. Jason, Attorney, entered an appearance.

Mitchell H. Rubinstein argued the cause for intervenor. With him on the brief was James R. Sandner.

Before: WALD, SILBERMAN and GARLAND, Circuit Judges.

WALD, Circuit Judge:

Local 2, Federation of Nurses, United Federation of Teachers, American Federation of Teachers, AFL-CIO ("union") filed a petition with the National Labor Relations Board ("NLRB" or "Board") in 1993 seeking to be certified as the exclusive bargaining representative of nurses employed in New York by VIP Health Services, Inc. ("VIP"). The proposed bargaining unit included field nurses who are assigned by VIP to adult care facilities operated by other...

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