Legal Opinion

Integrated Health Services of Michigan, at Riverbend, Inc. v. National Labor Relations Board

Court of Appeals for the Sixth Circuit

Decided September 17, 1999No. Nos. 97-6034, 97-6109PublishedCited by 1 opinion

1Opinion of the CourtRyan, J., joined by Batchelder, J.,

NATHANIEL R. JONES, J. (pp. 712-13), delivered a separate opinion concurring in the judgment.

OPINION

RYAN, Circuit Judge.

Once again, in a case involving nurses, the National Labor Relations Board has refused to apply § 2(11) of the National Labor Relations Act, 29 U.S.C. § 152(11), as this court has interpreted it; and so, once again, we deny their petition for enforcement. And again, contrary to our previous cases, the Board has assigned the burden of proving supervisory status to the employer; and so, once again, we instruct the Board to follow our precedent. We conclude that the nurses…

2Cases cited7 opinions

  1. National Labor Relations Board v. Health Care & Retirement Corp. of AmericaSupreme Court of the United States · 1994
  2. Caremore, Inc., D/B/A Altercare of Hartville, Petitioner/cross-Respondent v. National Labor Relations Board, Respondent/cross-PetitionerCourt of Appeals for the Sixth Circuit · 1997
  3. National Labor Relations Board v. Beacon Light Christian Nursing HomeCourt of Appeals for the Sixth Circuit · 1987
  4. Beverly California Corporation v. National Labor Relations Board, Cross-ApplicantCourt of Appeals for the Sixth Circuit · 1992
  5. Health Care & Retirement Corporation of America, Petitioner/cross-Respondent v. National Labor Relations Board, Respondent/cross-PetitionerCourt of Appeals for the Sixth Circuit · 1993

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3Cited by1 opinion

  1. Integrated Health Services of Michigan, at Riverbend, Inc., Petitioner/cross-Respondent, Teamsters Local 332 (97-6034), Intervenor v. National Labor Relations Board, Respondent/cross-PetitionerCourt of Appeals for the Sixth Circuit · 1999

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