Tri-State Health Service, Inc. v. National Labor Relations Board

JERRY E. SMITH, Circuit Judge:

Tri-State Health Service, Inc. (“TriState”), seeks review of a decision of the National Labor Relations Board (“NLRB” or “Board”) finding that Tri-State lacked a good faith doubt in the continued majority status of a union with which it refused to bargain. The Board pursues a cross-petition for enforcement. Agreeing with TriState that the decision violates Allentown Mack Sales & Serv. Inc. v. NLRB, 522 U.S. 359, 118 S.Ct. 818, 139 L.Ed.2d 797 (1998), we grant the petition for review and deny the cross-petition for enforcement.

I

We consider whether Tri-State…