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United States Second Circuit


NLRB v. Special Touch Home Care Services, Inc., 11-3147

NLRB petition for enforcement of its order finding respondent-employer violated the National Labor Relations Act, by failing to immediately reinstate striking workers engaged in protected conduct, is denied, where the 48 home health care aide-employees engaged in unprotected, indefensible conduct that created a reasonably foreseeable risk of imminent danger when they responded during the pre-strike poll that they intended to work but failed to report as expected.

Appellate Information

  • Decided 02/27/2013
  • Published 02/27/2013

Judges

  • WESLEY

Court

  • United States Second Circuit

Counsel

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