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UC HEALTH v. N.L.R.B.

Nos. 14-1049, 14-1193.

803 F.3d 669 (2015)

UC HEALTH, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided September 18, 2015.

Attorney(s) appearing for the Case

Kerry P. Hastings argued the cause and filed the briefs for petitioner.

Kellie Isbell , Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Richard Griffin, Jr. , General Counsel, John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, and Ruth E. Burdick , Supervisory Attorney.

Dissenting opinion filed by Senior Circuit Judge SILBERMAN.

In NLRB v. Noel Canning, ___ U.S. ___, 134 S.Ct. 2550, 189 L.Ed.2d 538 (2014), the Supreme Court determined that the National Labor Relations Board lacked authority to act during the time that three of its five members held office via appointments that violated the Recess Appointments...

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