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CHILDREN'S HOSP. AND RESEARCH CENTER v. N.L.R.B.

Nos. 14-1032, 14-1064.

793 F.3d 56 (2015)

CHILDREN'S HOSPITAL AND RESEARCH CENTER OF OAKLAND, INC., Doing Business As Children's Hospital of Oakland, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent. Service Employees International Union, United Healthcare Workers-West, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 2015.

Attorney(s) appearing for the Case

Matthew J. Frankel argued the cause for the petitioner. Bonnie Glatzer was with him on brief. Kenneth J. Nichols entered an appearance.

Joel A. Heller , Attorney, National Labor Relations Board, argued the cause for the respondent. Richard F. Griffin, Jr. , General Counsel, John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, and Ruth E. Burdick , Deputy Assistant General Counsel, were with him on brief.

David A. Rosenfeld and Bruce Harland were on brief for the intervenor Service Employees International Union, United Healthcare Workers — West in support of the respondent.

Opinion for the Court filed by Circuit Judge HENDERSON.

This case presents an interesting and difficult question of statutory interpretation regarding the interplay of two provisions of the National Labor Relations Act (NLRA or Act), 29 U.S.C. §§ 151 et seq. Unfortunately, the National Labor Relations Board (NLRB or Board) does not see it that...

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