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N.L.R.B. v. SPECIAL TOUCH HOME CARE SERVICES, INC.

Docket No. 07-5422-ag.

566 F.3d 292 (2009)

NATIONAL LABOR RELATIONS BOARD, Petitioner, 1199 SEIU United Healthcare Workers, Intervenor, v. SPECIAL TOUCH HOME CARE SERVICES, INC., Respondent.

United States Court of Appeals, Second Circuit.

Decided: May 12, 2009.

Attorney(s) appearing for the Case

Amy H. Ginn, Attorney (Jill A. Griffin, Supervisory Attorney; Ronald Meisburg, General Counsel; John E. Higgins, Jr., Deputy General Counsel; John H. Ferguson, Associate General Counsel; Linda Dreeben, Deputy Associate General Counsel; on the brief), National Labor Relations Board, Washington, DC, for Petitioner.

Richard J. Reibstein, Wolf, Block, Schorr and Solis-Cohen LLP (Russell E. Adler, on the brief), New York, NY, for Respondent.

David M. Slutsky, Levy Ranter, P.C., New York, NY, for Intervenor.

Before: STRAUB, SACK, and WESLEY, Circuit Judges.

STRAUB, Circuit Judge:

Petitioner National Labor Relations Board ("NLRB" or "Board") petitions this Court for enforcement of its final decision and order, Special Touch Home Care Servs., Inc. & New York's Health & Human Serv. Union 1199/SEIU, 351 N.L.R.B. No. 46, 2007 WL 2963267 (Sept. 29, 2007) ("Special Touch II"), finding that Respondent Special Touch Home Care Services, Inc. ("Special Touch" or "Company") acted unlawfully by (1) not immediately...

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