CARE ONE AT MADISON AVENUE, LLC v. N.L.R.B.

No. 15-1010. Consolidated with 15-1025.

832 F.3d 351 (2016)

CARE ONE AT MADISON AVENUE, LLC, doing business as Care One at Madison Avenue, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent 1199 SEIU United Healthcare Workers East, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 12, 2016.


Attorney(s) appearing for the Case

Erin E. Murphy argued the cause for petitioner. With her on the briefs were Paul D. Clement , Washington, DC, C. Harker Rhodes, IV , and Andrew N. Ferguson , Los Angeles, CA.

Milakshmi V. Rajapakse , Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Richard F. Griffin, Jr. , General Counsel, Jennifer Abruzzo , Deputy General Counsel, John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, Robert J. Englehart , Supervisory Attorney, and Douglas Callahan , Attorney.

Katherine H. Hansen , New York, NY, argued the cause for intervenor. With her on the brief was William S. Massey .

Before: ROGERS, PILLARD and WILKINS, Circuit Judges.


The National Labor Relations Board (the Board) determined that petitioner Care One at Madison Avenue (Care One or the Company) committed a series of unfair labor practices in an effort to prevent the certification of a union at its nursing home and rehabilitation facility in Morristown, New Jersey. After the union lost a...

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