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HEALTHCARE EMPLOYEES UNION v. N.R.R.B.

No. 03-72029.

441 F.3d 670 (2006)

HEALTHCARE EMPLOYEES UNION, Local 399, Affiliated with the Service Employees International Union, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, St. Vincent Medical Center, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed March 17, 2006.

Attorney(s) appearing for the Case

David A. Rosenfeld (brief & argued) and M. Suzanne Murphy (brief), Weinberg, Roger & Rosenfeld, Oakland, CA, attorneys for the petitioner.

Meredith L. Jason (argued) and David Habenstreit and Jill A. Griffin (brief), National Labor Relations Board, Washington, D.C., attorneys for the respondent.

Gordon A. Letter (brief and argued), Littler Mendelson, Los Angeles, CA, attorneys for the respondent-intervenor.

Before: HARRY PREGERSON, WILLIAM C. CANBY, JR., and ROBERT R. BEEZER, Circuit Judges.

PREGERSON, Circuit Judge:

Healthcare Employees Union Local 399 (the "Union") petitions this court to review a final order of the National Labor Relations Board (the "Board" or "NLRB"). The Board's order dismissed the Union's unfair labor practice charge against St. Vincent Medical Center ("St. Vincent").

In its unfair labor practice charge, the Union alleged that St. Vincent subcontracted out the work of the hospital's respiratory care department on the eve...

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