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MARS HOME FOR YOUTH v. N.L.R.B.

Nos. 11-1250, 11-1590.

666 F.3d 850 (2011)

MARS HOME FOR YOUTH, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent The Pennsylvania Social Services Union, Local 668 of the Service Employees International Union, AFL-CIO, Intervenor. National Labor Relations Board, Petitioner The Pennsylvania Social Services Union, Local 668 of the Service Employees International Union, AFL-CIO, Intervenor v. Mars Home for Youth, Respondent.

United States Court of Appeals, Third Circuit.

Opinion Filed: October 26, 2011.

Attorney(s) appearing for the Case

Ronald J. Andrykovitch, Esq. , Jessi D. Isenhart, Esq. , Cohen & Grigsby, Pittsburgh, PA, for Petitioner and Cross-Respondent.

Ruth E. Burdick, Esq. , National Labor Relationship Board, Division of Enforcement, Linda Dreeben, Esq. , MacKenzie Fillow, Esq. , Amy H. Ginn, Esq. , Jill A. Griffin, Esq. , National Labor Relationship Board, Washington, DC, for Respondent and Cross-Petitioner.

Claudia Division, Esq. , Pittsburgh, PA, Intervenor-Respondent The Pennsylvania Social Services Union, Local 668 of the Service Employees International Union, AFL-CIO.

BEFORE: McKEE, Chief Judge, FUENTES, GREENBERG, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge.

Mars Home for Youth filed a Petition for Review of a final decision and order of the National Labor Relations Board (the "Board"). The Board filed a Cross Application for Enforcement. Mars Home seeks review of the Board's determination that five Assistant Residential Program Managers ("assistant managers") were not "supervisors" under Section 2(11) of the National Labor Relations Act (the "Act"), and thus were...

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