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SAN MIGUEL HOSP. CORP. v. N.L.R.B.

Nos. 11-1198, 11-1209, 11-1319, 11-1349.

697 F.3d 1181 (2012)

SAN MIGUEL HOSPITAL CORPORATION, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided November 2, 2012.

Attorney(s) appearing for the Case

Kaitlin Kaseta argued the cause for petitioner. On the briefs were Don T. Carmody and Bryan T. Carmody .

Kellie Isbell , 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 Julie B. Broido , Supervisory Attorney.

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.

SILBERMAN, Senior Circuit Judge:

Petitioner, San Miguel Hospital Corp., essentially is challenging the Board's determination that a "wall to wall" bargaining unit of the Hospital's professional and non-professional employees is appropriate. Although Petitioner unleashes a blizzard of separate arguments, both substantive and procedural, only one — relating to the burden of proof — even gives us pause. We deny the petitions and grant the Board's cross...

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