BEVERLY ENTERPRISES-MINNESOTA, INC. v. N.L.R.B.

Nos. 00-1005, 00-1006.

266 F.3d 785 (2001)

BEVERLY ENTERPRISES-MINNESOTA, INC., doing business as Golden Crest Healthcare Center, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, United Steelworkers of America, AFL-CIO, CLC, Intervenor on Appeal. Beverly Enterprises-Minnesota, Inc., doing business as Golden Crest Healthcare Center, Respondent, v. National Labor Relations Board, Petitioner, United Steelworkers of America, AFL-CIO, CLC, Intervenor on Appeal.

United States Court of Appeals, Eighth Circuit.

Filed: October 2, 2001.


Attorney(s) appearing for the Case

Penelope J. Phillips, Minneapolis, MN, argued (Frederick W. Vogt, on the brief), for petitioner Beverly Enterprises-Minnesota, Inc.

Sonya Spielberg, N.L.R.B., Washington, DC, argued (Charles Donnelley, Supervisory Attorney, Leonard R. Page, General Counsel, Linda Sher, Associate General Counsel and Aileen A. Armstrong, Deputy Associate General counsel, on the brief), for respondent N.L.R.B.

Daniel M. Kovalik, Asst. General Counsel, United Steelworkers of America, AFL-CIO/CLC, Pittsburgh, PA, argued, for intervenor.

Before WOLLMAN, Chief Judge, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges.


WOLLMAN, Circuit Judge.

Beverly Enterprises-Minnesota, Inc., d/b/a Golden Crest Healthcare Center (Beverly), petitions for review of a final order of the National Labor Relations Board (the Board) finding that it violated sections 8(a)(5) and (1) of the National Labor Relations Act (the Act), 29 U.S.C. §§ 151-169, by refusing to recognize and bargain with the United Steel Workers of America, AFL-CIO/CLC (the union), the certified collective bargaining agent...

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