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HOSP. OF BARSTOW, INC. v. N.L.R.B.

No. 16-1343 Consolidated with 16-1289.

897 F.3d 280 (2018)

HOSPITAL OF BARSTOW, INC., doing business as Barstow Community Hospital, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent California Nurses Association/National Nurses Organizing Committee, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 31, 2018.

Attorney(s) appearing for the Case

Kaitlin A. Kaseta , Mount Pleasant, SC, argued the cause for petitioner. With her on the briefs was Bryan T. Carmody.

Barbara A. Sheehy , 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 Jill A. Griffin , Attorney.

Nicole Daro argued the cause and filed the brief for intervenor.

Before: Griffith, Srinivasan and Wilkins, Circuit Judges:

This case comes to this court a second time. It grows out of a decision of the National Labor Relations Board holding that Hospital of Barstow refused to bargain in good faith with a union representing nurses at the facility. The main issue concerns whether a Regional Director of the Board retained authority to certify...

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