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VERITAS HEALTH SERVICES, INC. v. N.L.R.B.

Nos. 11-1107, 11-1127.

671 F.3d 1267 (2012)

VERITAS HEALTH SERVICES, INC., Doing Business as Chino Valley Medical Center, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. United Nurses Associations of California/Union of Health Care Professionals, NUHHCE, AFSCME, AFL-CIO, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 13, 2012.

Attorney(s) appearing for the Case

Theodore R. Scott argued the cause for petitioner. With him on the briefs was Edward F. Berbarie . Steven L. Rahhal entered an appearance.

Barbara A. Sheehy , Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, and Jill A. Griffin , Supervisory Attorney. Ruth E. Burdick , Attorney, entered an appearance.

Lisa C. Demidovich argued the cause for intervenor United Nurses Associations of California/Union of Health Care Professionals, NUHHCE, AFSCME, AFL-CIO, in support of respondent.

Before: GARLAND and KAVANAUGH, Circuit Judges, and RANDOLPH, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

In an April 2010 union election, registered nurses working for Veritas Health Services voted to make the United Nurses Associations of California/Union of Health Care Professionals their bargaining representative. But Veritas would not bargain with the Union because Veritas claimed that pro-Union conduct by supervising charge nurses had coerced the registered nurses' votes and...

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