ASHLAND FACILITY OPERATIONS, LLC v. N.L.R.B.

Nos. 11-2004, 11-2132.

701 F.3d 983 (2012)

ASHLAND FACILITY OPERATIONS, LLC, d/b/a Ashland Nursing & Rehabilitation Center, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, United Food and Commercial Workers International Union, Local 400, Intervenor. National Labor Relations Board, Petitioner, United Food and Commercial Workers International Union, Local 400, Intervenor, v. Ashland Facility Operations, LLC, d/b/a Ashland Nursing & Rehabilitation Center, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: December 14, 2012.


Attorney(s) appearing for the Case

ARGUED: James Phillip Naughton , Hunton & Williams, LLP, Norfolk, Virginia, for Ashland Facility Operations. Fred B. Jacob , National Labor Relations Board, Washington, D.C., for the National Labor Relations Board. John Andrew Durkalski , Butsavage & Associates, PC, Washington, D.C., for United Food and Commercial Workers International Union, Local 400. ON BRIEF: Kimberlee W. DeWitt , Hunton & Williams, LLP, Richmond, Virginia, for Ashland Facility Operations. Lafe E. Solomon , Acting General Counsel, Celeste J. Mattina , Deputy General Counsel, John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, Ruth E. Burdick , Supervisory Attorney, Heather S. Beard , Attorney, National Labor Relations Board, Washington, D.C., for the National Labor Relations Board.

Petition denied; enforcement granted by published opinion. Judge WYNN wrote the opinion, in which Judge KING and Judge GREGORY joined.


OPINION

WYNN, Circuit Judge:

Ashland Facility Operations, LLC ("Ashland Facility") petitions for review of a National Labor Relations Board (the "Labor Board") order that Ashland Facility cease and desist from refusing to bargain with the United Food and Commercial Workers International Union, Local 400 (the "Union"). In a cross-application, the Labor Board requests enforcement of its order.

On appeal, Ashland Facility contends that allegedly racially...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases