United States Fourth Circuit

NLRB's application to enforce its order against defendant-nursing home operator is granted where: 1) substantial evidence supports the Board's finding that the Union had not lost majority support at the time defendant withdrew recognition; and 2) defendant's unilateral withdrawal of recognition and subsequent refusal to bargain with Union violated National Labor Relations Act.

Appellate Information

• Decided 03/10/2008
• Published 03/10/2008

Judges

• Before WILLIAMS, Chief Judge, MOTZ, Circuit Judge, and HAMILTON, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  D. Patton Pelfrey, Frost, Brown, Todd, Louisville, Kentucky, for Respondent.  Elizabeth A. Heaney, National Labor Relations Board, Washington, D.C., for Petitioner.  Carey Robert Butsavage, Butsavage & Associates, P.C., Washington, D.C., for Intervenor.   ON BRIEF:  John T. Lovett, Frost, Brown, Todd, Louisville, Kentucky, for Respondent.   Ronald Meisburg, General, John E. Higgins, Jr., Deputy General, John H. Ferguson, Associate General, Aileen A. Armstrong, Deputy Associate General, Fred B. Jacob, Supervisory Attorney, National Labor Relations Board, Washington, D.C., for Petitioner.