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GGNSC SPRINGFIELD LLC v. N.L.R.B.

Nos. 12-1529, 12-1628.

721 F.3d 403 (2013)

GGNSC SPRINGFIELD LLC, dba Golden Living Center-Springfield, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 2, 2013.

Attorney(s) appearing for the Case

ARGUED: Michael A. Manzler , Dinsmore & Shohl LLP, Cincinnati, Ohio, for Petitioner/Cross-Respondent. Mark R. Freeman , United States Department of Justice, Washington, D.C., Gregoire Sauter , National Labor Relations Board, Washington, D.C., for Respondent/Cross-Petitioner. ON BRIEF: Michael A. Manzler , Charles M. Roesch , Jessica E. Bauml , Dinsmore & Shohl LLP, Cincinnati, Ohio, for Petitioner/Cross-Respondent. Mark R. Freeman , United States Department of Justice, Washington, D.C., Gregoire Sauter , Robert J. Englehart , Linda Dreeben , National Labor Relations Board, Washington, D.C., for Respondent/Cross-Petitioner.

GRIFFIN, J., delivered the opinion of the court in which, CLAY, J., joined. MERRITT, J. (pp. 14-18), delivered a separate dissenting opinion.

OPINION

GRIFFIN, Circuit Judge.

This case involves the question whether registered nurses (RNs) employed as charge nurses at Golden Living Center (the "Center") are "supervisors" under the National Labor Relations Act (the "Act"). If they are, federal law does not allow them to collectively bargain with their employer. After an evidentiary hearing, the regional director of the National Labor Relations Board...

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