SNELL ISLAND SNF LLC v. N.L.R.B.

Docket Nos. 08-3822-ag (L), 08-4336-ag (XAP).

568 F.3d 410 (2009)

SNELL ISLAND SNF LLC, d/b/a Shore Acres Rehabilitation and Nursing Center, LLC, and HGOP, LLC, d/b/a Cambridge Quality Care, LLC, Petitioners-Cross-Respondents, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.

United States Court of Appeals, Second Circuit.

Decided: June 17, 2009.


Attorney(s) appearing for the Case

Charles P. Roberts, III, (Clifford H. Nelson, Jr., on the brief), Constangy, Brooks & Smith, LLC, Winston-Salem, NC, and Atlanta, GA, for Petitioners-Cross-Respondents.

Ruth E. Burdick, Attorney (Ronald Meisburg, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, Robert J. Englehart, Supervisory Attorney, and David A. Seid, Attorney, on the brief), National Labor Relations Board, Washington, D.C., for Respondent-Cross-Petitioner.

Before: WINTER, CABRANES, and SACK, Circuit Judges.


JOSÉ A. CABRANES, Circuit Judge:

We consider two questions arising from a labor dispute adjudicated before a panel of the National Labor Relations Board ("NLRB" or the "Board"): (1) whether an adjudication by a two-member panel of the NLRB is permitted under Section 3(b) of the National Labor Relations Act, 29 U.S.C. § 151 et seq. (the "Act"), where a third member of the panel was disqualified because his term had expired and the total membership...

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