National Labor Relations Board v. Beacon Light Christian Nursing Home

BOGGS, Circuit Judge.

This case arises from a petition for enforcement of a National Labor Relations Board (“Board”) order against an employer for refusal to bargain based on a disputed union certification election. The employer argues that the bargaining unit was wrongly determined because twenty licensed practical nurses (LPN’s) were included in the unit, in spite of the employer’s contention that they exercised such independent professional judgment in the interest of the employer that they should be considered supervisors and thus excluded from the unit. We find that the Board’s order is…