N.L.R.B. v. SPECIAL TOUCH HOME CARE SERVICES, INC.

Docket No. 11-3147-ag.

708 F.3d 447 (2013)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SPECIAL TOUCH HOME CARE SERVICES, INC., Respondent, 1199SEIU United Healthcare Workers East, Intervenor.

United States Court of Appeals, Second Circuit.

Decided: February 27, 2013.


Attorney(s) appearing for the Case

Jill A. Griffin , Supervisory Attorney ( Lafe E. Solomon , Acting General Counsel, Celeste J. Mattina , Deputy General Counsel, John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, Amy H. Ginn , Attorney, on the brief), National Labor Relations Board, Washington, DC, for Petitioner.

Richard J. Reibstein ( Russell E. Adler , on the brief), Pepper Hamilton LLP, New York, NY, for Respondent.

David M. Slutsky , Levy Ratner, P.C., New York NY, for Intervenor.

Before: WESLEY, CHIN, Circuit Judges, LARIMER, District Judge.


WESLEY, Circuit Judge:

This petition for enforcement presents two issues: (1) whether a health care employer may enforce an individual notice rule after its employees' union provides advance notice of an impending strike pursuant to 29 U.S.C. § 158(g); and (2) whether health care employees who fail to report to work at individual patients' homes without alerting their employer create a reasonably foreseeable risk of imminent danger.

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