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WAYNEVIEW CARE CENTER v. N.L.R.B.

Nos. 10-1398, 10-1404.

664 F.3d 341 (2011)

WAYNEVIEW CARE CENTER and Victoria Health Care Center, Petitioners v. NATIONAL LABOR RELATIONS BOARD, Respondent. 1199 SEIU United Healthcare Workers East, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 23, 2011.

Attorney(s) appearing for the Case

David F. Jasinski argued the cause and filed the briefs for petitioners.

Zachary R. Henige, Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, and Jill A. Griffin, Supervisory Attorney. Amy H. Ginn, Attorney, entered an appearance.

Ellen Dichner argued the cause and filed the brief for intervenor 1199 SEIU United Healthcare Workers East.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

Wayneview Care Center and Victoria Health Care Center petition for review of a decision and order of the National Labor Relations Board, and the Board cross-applies for enforcement. The Board found, among other things, that the petitioners violated the National Labor Relations Act by implementing new terms and conditions of employment before reaching a lawful impasse in collective bargaining negotiations. Because substantial evidence supports...

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