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HENDERSON FOR N.L.R.B. v. BLUEFIELD HOSP. CO., LLC

Nos. 16-2331, 16-2332.

902 F.3d 432 (2018)

Lisa Y. HENDERSON, Acting Regional Director of the Tenth Region of the National Labor Relations Board, FOR and on behalf of the NATIONAL LABOR RELATIONS BOARD; National Labor Relations Board, Plaintiffs - Appellants, v. BLUEFIELD HOSPITAL CO., LLC, d/b/a Bluefield Regional Medical Center, Defendant-Appellee. Lisa Y. Henderson, Acting Regional Director of the Tenth Region of the National Labor Relations Board, for and on behalf of the National Labor Relations Board; National Labor Relations Board, Plaintiffs-Appellants, v. Greenbrier VMC, LLC, doing business as Greenbrier Valley Medical Center, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: August 28, 2018.

Attorney(s) appearing for the Case

ARGUED: Jeffrey William Burritt , NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Appellants. Kaitlin Ann Kaseta , CARMODY & CARMODY, LLP, Mount Pleasant, South Carolina, for Appellees. ON BRIEF: Richard F. Griffin, Jr. , General Counsel, Jennifer Abruzzo , Deputy General Counsel, Barry J. Kearney , Associate General Counsel, Jayme L. Sophir , Deputy Associate General Counsel, Elinor L. Merberg , Assistant General Counsel, Laura T. Vazquez , Deputy Assistant General Counsel, Meghan Brooke Phillips , Office of the General Counsel, NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Appellants. Bryan T. Carmody , CARMODY & CARMODY, LLP, Mount Pleasant, South Carolina, for Appellees.

Affirmed by published opinion. Judge Niemeyer wrote the majority opinion, in which Judge Agee joined. Chief Judge Gregory wrote a dissenting opinion.

The issue in this appeal is whether the district court abused its discretion in declining to grant preliminary injunctive relief under § 10(j) of the National Labor Relations Act as requested to preserve the ability of the National Labor Relations Board ("the Board") to award relief after the completion of the ongoing...

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