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AMERICAN BAPTIST HOMES OF THE WEST v. N.L.R.B.

No. 15-1445 Consolidated with 15-1501.

858 F.3d 612 (2017)

AMERICAN BAPTIST HOMES OF THE WEST, doing business as Piedmont Gardens, 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 June 6, 2017.

Attorney(s) appearing for the Case

David S. Durham argued the cause for petitioner. With him on the briefs was Christopher M. Foster , San Francisco, CA.

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

David A. Rosenfeld , Melville, NY, argued the cause for intervenor. With him on the brief was Bruce Harland , Alameda, CA.

Before: Garland, Chief Judge, and Henderson and Wilkins, Circuit Judges.

American Baptist Homes of the West, which does business under the name Piedmont Gardens, fired a nursing assistant after an internal investigation into allegations that he was sleeping on the job. The assistant's union requested the names, titles, and statements of witnesses involved in the investigation. Piedmont Gardens refused...

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