NATIONAL LABOR RELATIONS BOARD, Petitioner
1199 SEIU United Healthcare Workers East, N.J. Region, Intervenor
v.
NEW VISTA NURSING AND REHABILITATION, Respondent.
New Vista Nursing and Rehabilitation, LLC, Petitioner
v.
National Labor Relations Board, Respondent.
1199 SEIU United Healthcare Workers East, N.J. Region, Intervenor.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Submitted Under Third Circuit L.A.R. 34.1(a) After Remand to the NLRB and Supplemental Briefing on May 6, 2016.
(Filed: August 29, 2017).
Attorney(s) appearing for the Case
Beth S. Brinkmann , Melissa N. Patterson , United States Department of Justice, Civil Division, Room 3135, 950 Pennsylvania Avenue, N.W., Washington, DC 20530, Julie B. Broido , Linda Dreeben , Milakshmi V. Rajapakse , National Labor Relations Board, 1015 Half Street SE, Washington, DC 20570, Scott R. McIntosh , United States Department of Justice, Civil Division, Room 7259, 950 Pennsylvania Avenue, N.W., Washington, DC 20530, Benjamin M. Shultz , United States Department of Justice, Civil Division, Room 7211, 950 Pennsylvania Avenue, N.W., Washington, DC 20530, William S. Massey , Gladstein Reif & Meginniss, 817 Broadway, 6th Floor, New York, NY 10003, Counsel for Petitioner
Louis J. Capozzi, Jr. , Capozzi Adler, 1200 Camp Hill Bypass, Camp Hill, PA 17011, Morris Tuchman , 2nd Floor, 134 Lexington Avenue, New York, NY 10016, Counsel for Respondent
Victor Williams , Catholic University of America, School of Law, Faculty Suite 480, 3600 John McCormack Road, N.E., Washington, DC 20064, Counsel for Amicus-petitioner
Before: SMITH, Chief Judge, GREENAWAY, JR., and FISHER, Circuit Judges
OPINION
SMITH, Chief Judge.
Respondent-Petitioner New Vista Nursing and Rehabilitation, LLC ("New Vista"), contends that the licensed practical nurses ("LPNs") employed at its nursing home could not unionize because they were "supervisors." The LPNs are supervisors, New Vista argues, because they have the "authority" to "discipline other...
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