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SHERIDAN MANOR NURSING HOME, INC. v. N.L.R.B.

Nos. 99-4190(L), 99-4219(XAP).

225 F.3d 248 (2000)

SHERIDAN MANOR NURSING HOME, INC., Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner, Communications Workers of America, Intervenor.

United States Court of Appeals, Second Circuit.

Decided: August 21, 2000.

Attorney(s) appearing for the Case

Thomas V. Walsh, Jackson, Lewis, Schnitzler & Krupman, White Plains, NY, for Petitioner Sheridan Manor Nursing Home, Inc.

Usha Dheenan, National Labor Relations Board (David Habenstreit, of counsel), Washington, DC, for Respondent National Labor Relations Board.

Jonathan G. Johnsen, Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, LLP, Buffalo, NY, for Intervenor Communications Workers of America.

Before: LEVAL and KATZMANN, Circuit Judges, and MURTHA, District Judge.

KATZMANN, Circuit Judge:

Sheridan Manor Nursing Home, Inc. ("Sheridan") petitions for review of an order of the National Labor Relations Board ("NLRB" or "Board") finding that Sheridan violated §§ 8(a)(1) and (5) of the National Labor Relations Act ("NLRA" or "Act"), 29 U.S.C. § 151, 158(a)(1) and (5), by soliciting employee opposition to the collective bargaining agreement ("CBA") ratification procedure of intervenor Communication Workers of America...

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