AOTOP, LLC v. N.L.R.B.

No. 01-1486.

331 F.3d 100 (2003)

AOTOP, LLC, d/b/a Excel Rehabilitation and Health Center, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 10, 2003.


Attorney(s) appearing for the Case

Clifford H. Nelson, Jr. argued the cause and filed the briefs for petitioner.

Jeffrey L. Horowitz, Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Robert J. Englehart, Supervisory Attorney.

Before: GINSBURG, Chief Judge, and SENTELLE and RANDOLPH, Circuit Judges.


Opinion for the court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

This case concerns the validity of an election in which employees of AOTOP, LLC, chose the Service Employees International Union, AFL-CIO, to be their exclusive bargaining representative. Over the Company's objections, the National Labor Relations Board certified the election results and, after the Company refused to bargain with the Union...

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