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1621 ROUTE 22 WEST OPERATING COMPANY, LLC v. NLRB

Nos. 15-2466 & 15-2586.

825 F.3d 128 (2016)

1621 ROUTE 22 WEST OPERATING COMPANY, LLC, d/b/a Somerset Valley Rehabilitation and Nursing Center, Petitioner in No. 15-2466 v. NATIONAL LABOR RELATIONS BOARD, Petitioner in No. 15-2586.

United States Court of Appeals, Third Circuit.

Filed: June 6, 2016.

Attorney(s) appearing for the Case

Rosemary Alito [ARGUED], George P. Barbatsuly , Laura Scully , K & L Gates LLP, One Newark Center, 10th Floor, Newark, NJ 07102, Counsel for Petitioner/Cross-Respondent, 1621 Route 22 West Operating Company LLC, d/b/a Somerset Valley Rehabilitation and Nursing Center.

Jeffrey W. Burritt [ARGUED], Linda Dreeben , Jill A. Griffin , National Labor Relations Board, Appellate and Supreme Court Litigation Branch, 1015 Half Street, S.E., Washington, DC 20570, Benjamin M. Shultz [ARGUED], U.S. Department of Justice, Civil Division, Room 7211, 950 Pennsylvania Ave., N.W., Washington, DC 20530, Counsel for Respondent/Cross-Petitioner National Labor Relations Board.

Katherine H. Hansen , William S. Massey , Patrick J. Walsh , Gladstein Reif & Meginniss LLP, 817 Broadway, 6th Floor, New York, NY 10003, Counsel for Intervenor, 1199 SEIU United Healthcare Workers East New Jersey Region.

Before: AMBRO, JORDAN, and SCIRICA, Circuit Judges.

OPINION OF THE COURT

Somerset Valley Rehabilitation and Nursing Center ("Somerset" or the "Employer"), known formally as 1621 Route 22 West Operating Company, LLC, petitions for review of an Order of the National Labor Relations Board ("NLRB" or the "Board") that declared Somerset had committed several unfair labor...

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