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KREISBERG v. HEALTHBRIDGE MANAGEMENT, LLC

No. 12-4890-CV.

732 F.3d 131 (2013)

Jonathan B. KREISBERG, Regional Director of Region 34 of the National Labor Relations Board, for and on behalf of the NATIONAL LABOR RELATIONS BOARD, Petitioner-Appellee, v. HEALTHBRIDGE MANAGEMENT, LLC, d/b/a Danbury HCC, 710 Long Ridge Road Operating Company II, LLC, d/b/a Long Ridge of Stamford, 240 Church Street Operating Company II, LLC, d/b/a Newington Health Care Center, 1 Burr Road Operating Company II, LLC, d/b/a Westport Health Care Center, 245 Orange Avenue Operating Company II, LLC, d/b/a West River Health Care Center, 341 Jordan Lane Operating Company II, LLC, d/b/a Wethersfield Health Care Center, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided: October 15, 2013.

Attorney(s) appearing for the Case

Rosemary Alito ( George Peter Barbatsuly , on the brief), K & L Gates LLP, Newark, NJ, and Erin E. Murphy ( Paul D. Clement , on the brief), Bancroft PLLC, Washington, DC, for Respondents-Appellants.

Beth S. Brinkmann , Deputy Assistant Attorney General ( Stuart F. Delery , Acting Assistant Attorney General, Douglas N. Letter , Scott R. McIntosh , Joshua P. Waldman , Mark R. Freeman , Sarang V. Damle , Melissa N. Patterson , Benjamin M. Schultz , Attorneys, Appellate Staff, on the brief), United States Department of Justice, Civil Division, Washington, DC, and Laura T. Vazquez , Deputy Assistant General Counsel ( Lafe E. Soloman , Acting General Counsel, Celeste J. Mattina , Deputy General Counsel, Barry J. Kearney , Assistant General Counsel, Jayme L. Sophir , Deputy Associate General Counsel, Elinor L. Merberg , Assistant General Counsel, Aaron J. Hilligas , Attorney, on the brief), National Labor Relations Board, Washington DC, for Petitioner-Appellee.

John M. Creane , Milford, CT, and Betty Grdina, Mooney, Green, Saindon, Murphy & Welch, Washington, DC, for Amicus Curiae New England Health Care Employees Union, District 1199, SEIU.

Before: CHIN and LOHIER, Circuit Judges, and KEENAN, District Judge.

LOHIER, Circuit Judge.

This appeal requires us to consider the power of the General Counsel of the National Labor Relations Board (the "Board" or the "NLRB") to authorize petitions for temporary injunctive relief under Section 10 of the National Labor Relations Act ("NLRA"), 29 U.S.C. § 160(j), and the propriety of the District Court's decision to grant an injunction in this case.

HealthBridge Management ("HealthBridge...

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