Legal Opinion

National Labor Relations Board v. Special Touch Home Care Services, Inc.

Court of Appeals for the Second Circuit

Decided February 27, 2013No. Docket 11-3147-agPublishedCited by 5 opinions

1Opinion of the Court

WESLEY, Circuit Judge:

This petition for enforcement presents two issues: (1) whether a health care employer may enforce an individual notice rule after its employees’ union provides advance notice of an impending strike pursuant to 29 U.S.C. § 158(g); and (2) whether health care employees who fail to report to work at individual patients’ homes without alerting their employer create a reasonably foreseeable risk of imminent danger.

Background

Respondent Special Touch Home Care Services, Inc. (“Special Touch”) subcontracts with nursing and health-related services to provide home health aides for…

2Cases cited9 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. Republic Aviation Corp. v. National Labor Relations BoardSupreme Court of the United States · 1945
  3. National Labor Relations Board v. Marshall Car Wheel and Foundry Co. Of Marshall, Texas, IncCourt of Appeals for the Fifth Circuit · 1955
  4. Riggsbee v. WislonCourt of Appeals for the Sixth Circuit · 1989
  5. East Chicago Rehabilitation Center, Inc. v. National Labor Relations BoardCourt of Appeals for the Seventh Circuit · 1983

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3Cited by5 opinions

  1. Glacier Northwest, Inc. v. TeamstersSupreme Court of the United States · 2023
  2. Glacier Northwest, Inc. v. TeamstersSupreme Court of the United States · 2023
  3. Forsher v. J.M. Smucker Co.District Court, N.D. Ohio · 2020
  4. Laborers' Int'l Union of N. Am. v. N.L.R.B.Court of Appeals for the Second Circuit · 2020
  5. Parkview Lounge, LLC v. NLRBCourt of Appeals for the Second Circuit · 2019

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