United States Ninth Circuit

Petition for review of an order of the National Labor Relations Board dismissing a union's unfair labor practice charge against a medical center, involving the subcontracting out of the work of the hospital's respiratory care department on the eve of a union election, is granted where the Board's conclusions were not supported by substantial evidence on the record as a whole. (Substituted opinion)

Appellate Information

• Argued 02/09/2005
• Decided 09/11/2006
• Published 09/11/2006

Judges

• Before HARRY PREGERSON, WILLIAM C. CANBY, JR., and ROBERT R. BEEZER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David A. Rosenfeld (brief & argued) and M. Suzanne Murphy (brief), Weinberg, Roger & Rosenfeld, Oakland, CA, for the petitioner.


• For Appellees:
  
• Meredith L. Jason (argued) and David Habenstreit and Jill A. Griffin (brief), National Labor Relations Board, Washington, D.C., for the respondent., Gordon A. Letter (brief and argued), Littler Mendelson, Los Angeles, CA, for respondent-intervenor.