BEVERLY CALIFORNIA CORP. v. N.L.R.B.

Nos. 98-3177, 98-3683, 98-3721, 99-1097, 99-1124, 99-1382.

227 F.3d 817 (2000)

BEVERLY CALIFORNIA CORP., f/k/a Beverly Enterprises, Petitioners/Cross-Respondents, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner. Service Employees International Union, AFL-CIO, and Districts 1199P and 1199II, SEIU, AFL-CIO, Petitioners, v. National Labor Relations Board, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided September 13, 2000.


Attorney(s) appearing for the Case

Harold C. Becker (argued), Service Employees International Union, Chicago, IL, for Petitioners in Nos. 98-3177.

Graig Becker, Service Employees International Union, Associate General Counsel, Chicago, IL, for Intervenor-Respondent in No. 98-3721.

Orrin Baird, Washington, DC, for Petitioners in No. 99-1097.

Elizabeth Kinney, National Labor Relations Board, Region 13, Chicago, IL, John D. Burgoyne, Peter D. Winkler (argued), National Labor Relations Board, Appellate Court, Enforcement Litigation, Washington, Dc, for Respondent in Nos. 98-3177, 98-3683, 98-3721.

Peter D. Winkler, National Labor Relations Board, Appellate Court, Enforcement Litigation, Washington, DC, Aileen Armstrong, National Labor Relations Board, Office of the General Counsel, Washington, DC, for Respondent in Nos. 99-1097, 99-1124.

Elizabeth Kinney, National Labor Relations Board, Region 13, Chicago, IL, John D. Burgoyne, Peter D. Winkler, National Labor Relations Board, Appellate Court, Enforcement Litigation, Washington, DC, Gerald Kobell, National Labor Relations Board, Pittsburgh, PA, for Petitioner in No. 99-1382.

Warren M. Davison (argued), Littler Mendelson, Baltimore, MD, for Intervenor-Respondent in Nos. 98-3177, 98-3721, 99-1124, 99-1382.

Janet L. Jannusch, Davis & Campbell, Warren M. Davison, Littler Mendelson, Baltimore, MD, Michael R. Flaherty, Jewell & Weitz, Fort Smith, AR, David Durham, Littler, Mendelson, Fastiff & Tichy, San Francisco, CA, for Respondent in No. 98-3683.

Before WOOD, JR., KANNE, and DIANE P. WOOD, Circuit Judges.


DIANE P. WOOD, Circuit Judge.

Beverly California Corporation operates nursing homes all over the United States—approximately 900 at the time the labor practices at issue in this appeal occurred. It is avowedly anti-union, and its practices have drawn the attention of the National Labor Relations Board ("the Board") on no less than five occasions over the last decade or so. Before us in the present appeals are the Board's orders in Beverly California Corporation...

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