N.L.R.B. v. 1621 ROUTE 22 WEST OPERATING CO., LLC

Nos. 12-2122, 12-2726.

729 F.3d 235 (2013)

J. Michael LIGHTNER, Regional Director of Region 22 of the National Labor Relations Board for and on behalf of the NATIONAL LABOR RELATIONS BOARD, Appellant in No. 12-2726 v. 1621 ROUTE 22 WEST OPERATING COMPANY, LLC d/b/a/ Somerset Valley Rehabilitation and Nursing Center, Appellant in No. 12-2122.

United States Court of Appeals, Third Circuit.

Opinion Filed: September 4, 2013.


Attorney(s) appearing for the Case

Elinor L. Merberg, Esquire , Dexter E. Sutton, Sr., Esquire , Laura T. Vazquez, Esquire , National Labor Relations Board, Washington, DC, Saulo Santiago, Esquire , Michael P. Silverstein, Esquire , National Labor Relations Board, Newark, NJ, for Appellant/Cross-Appellee.

Rosemary Alito, Esquire , George P. Barbatsuly, Esquire , K & L Gates, Newark, NJ, for Appellee/Cross-Appellant.

Ellen Dichner, Esquire , William S. Massey, Esquire , Gladstein, Reif & Meginniss, New York, NY, Amicus, for Appellee.

Before: AMBRO, SMITH and CHAGARES, Circuit Judges.


OPINION OF THE COURT

AMBRO, Circuit Judge.

I.

In 2010 Appellee/Cross-Appellant J. Michael Lightner, the Regional Director of Region 22 of the National Labor Relations Board (the "NLRB" or "Board"), brought charges of unfair labor practices before the NLRB against Appellant/Cross-Appellee 1621 Route 22 West Operating Co., LLC, d/b/a Somerset Valley Rehabilitation and Nursing Center ("Somerset Valley"). While administrative proceedings were pending...

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