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INTEGRATED HEALTH SERVICES OF MICHIGAN v. N.L.R.B.

Nos. 97-6034, 97-6109.

191 F.3d 703 (1999)

INTEGRATED HEALTH SERVICES OF MICHIGAN, AT RIVERBEND, INC., Petitioner/Cross-Respondent, Teamsters Local 332 (97-6034), Intervenor, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 17, 1999.

Attorney(s) appearing for the Case

Brad A. Rayle (argued and briefed), Howard & Howard, Bloomfield Hills, Michigan, for Petitioner/Cross-Respondent.

Wayne A. Rudell (briefed), Rudell & O'Neill, Dearborn, Michigan, for Intervenor.

Anne Marie Lofaso (argued and briefed), Aileen A. Armstrong (briefed), National Labor Relations Board, Appellate Court Branch, Margaret Ann Gaines (briefed), National Labor Relations Board, Washington, D.C., for Respondent/Cross-Petitioner.

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

RYAN, J., delivered the opinion of the court, in which BATCHELDER, J., joined. NATHANIEL R. JONES, J. (pp. 712-13), delivered a separate opinion concurring in the judgment.

OPINION

RYAN, Circuit Judge.

Once again, in a case involving nurses, the National Labor Relations Board has refused to apply § 2(11) of the National Labor Relations Act, 29 U.S.C. § 152(11), as this court has interpreted it; and so, once again, we deny their petition...

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