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ABBOTT AMBULANCE OF ILLINOIS v. N.L.R.B.

Nos. 07-1077, 07-1097.

522 F.3d 447 (2008)

ABBOTT AMBULANCE OF ILLINOIS, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided April 18, 2008.

Attorney(s) appearing for the Case

D. Michael Linihan argued the cause for petitioner. With him on the briefs was Corey Louis Franklin.

Fred B. Jacob, Supervisory Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, and Stacy Garrick Zimmerman, Attorney.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge.

The National Labor Relations Board determined that Abbott Ambulance of Illinois unlawfully refused to bargain with the Professional Emergency Medical Technicians and Paramedics Union. Abbott asserts that it was not obligated to bargain with the union because the Board counted an invalid ballot in the representation election, giving the union an illegitimate one-vote victory. The Board cross-petitions...

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