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NEW YORK AND PRESBYTERIAN HOSP. v. N.L.R.B.

Nos. 10-1278, 10-1291.

649 F.3d 723 (2011)

NEW YORK AND PRESBYTERIAN HOSPITAL, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 14, 2011.

Attorney(s) appearing for the Case

James S. Frank argued the cause for the petitioner. Michael F. McGahan and Terence H. McGuire were on brief.

Heather S. Beard , Attorney, National Labor Relations Board, argued the cause for the respondent. John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel and Meredith L. Jason , Deputy Assistant General Counsel, were on brief. Fred B. Jacob , Supervisory Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

New York and Presbyterian Hospital (Hospital) petitions for review of a decision and order by the National Labor Relations Board (NLRB or Board) finding the Hospital in violation of section 8(a)(5) of the National Labor Relations Act (Act), 29 U.S.C. § 158(a)(5), for failing to produce information requested by the labor union with which the Hospital has a collective bargaining agreement, the New York State Nurses Association...

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