Pontiac Nursing Home, LLC v. National Labor Relations Board
Opinion of the Court
JUDGMENT
This consolidated petition for review and cross-application for enforcement of an order of the National Labor Relations Board was considered on the briefs and appendix filed by the parties. See Fed. R.App. P. 34(a)(2); D.C. Cir. Rule 34(j). It is
ORDERED AND ADJUDGED that the petition for review be denied and the cross-application for enforcement be granted. The Board has “broad discretion to assess the propriety and results of representation elections.” AOTOP, L.L.C. v. NLRB, 331 F.3d 100, 103 (D.C.Cir. 2003) (internal quotation marks omitted). While this court reviews Board factual findings for “substantial evidence on the record as a whole,” 29 U.S.C. § 160(e), we generally “affirm the Board’s order to bargain unless the Board abused its discretion in overruling [an employer’s] objections in the underlying election proceeding.” Randell Warehouse of Ariz., Inc. v. NLRB, 252 F.3d 445, 448 (D.C.Cir. 2001) (internal quotation marks omitted) (alteration in original).
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or rehearing en banc. See Fed. R.App. P. 41(b); D.C. Cir. Rule 41.
Reference
- Full Case Name
- PONTIAC NURSING HOME, LLC v. NATIONAL LABOR RELATIONS BOARD
- Status
- Published