PALMETTO PRINCE GEORGE OPERATING, LLC v. N.L.R.B.

No. 15-2143, No. 15-2221.

841 F.3d 211 (2016)

PALMETTO PRINCE GEORGE OPERATING, LLC, d/b/a Prince George Healthcare Center, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. National Labor Relations Board, Petitioner, v. Palmetto Prince George Operating, LLC, d/b/a Prince George Healthcare Center, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: November 1, 2016.


Attorney(s) appearing for the Case

ARGUED: Jennifer Marie Fowler-Hermes , Williams, Parker, Harrison, Dietz & Getzen, Sarasota, Florida, for Petitioner/Cross-Respondent. Meghan Brooke Phillips , National Labor Relations Board, Washington, D.C., for Respondent/Cross-Petitioner. ON BRIEF: John M. Hament , Kunkel Miller & Hament, Sarasota, Florida, for Petitioner/Cross-Respondent. Richard 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, National Labor Relations Board, Washington, D.C., for Respondent/Cross-Petitioner.

Petition for review denied; cross-petition for enforcement granted by published opinion. Judge Motz wrote the opinion, in which Judge Traxler and Judge Agee joined.


In this case, nurses sought to join a union and engage in collective bargaining with their employer. The National Labor Relations Board found that the nurses could unionize, rejecting the employer's contention that they were ineligible supervisors within the meaning of the National Labor Relations Act, 29 U.S.C...

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