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NEW YORK REHABILITATION CARE MANAGEMENT v. N.L.R.B.

Nos. 06-1162, 06-1216.

506 F.3d 1070 (2007)

NEW YORK REHABILITATION CARE MANAGEMENT, LLC and New York Center for Rehabilitation Care, Inc., Petitioners v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided October 30, 2007.

Attorney(s) appearing for the Case

Morris Tuchman argued the cause and filed the briefs for petitioner.

Usha Dheenan, Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel at the time the brief was filed, and Jill A. Griffin, Supervisory Attorney. Meredith L. Jason and Ruth E. Burdick, Attorneys, entered an appearance.

Before: GINSBURG, Chief Judge, and ROGERS and KAVANAUGH, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

New York Rehabilitation Care Management, LLC and New York Center for Rehabilitation Care, Inc. (together "the Company") petition for review of a decision and order of the National Labor Relations Board finding that they violated Section 8(a)(5) and (1) of the National Labor Relations Act ("the Act"), 29 U.S.C. § 158(a)(5), (1). The principal issue is whether the Board abused its...

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