HLD, v. 31 n. 5 (May 2003)
U.S. Supreme Court Denies Review Of Eleventh Circuit Rulings
Involving Nursing Home's Challenge To NLRB Order
The U.S. Supreme Court denied review of two Eleventh Circuit
rulings involving a challenge to a National Labor Relations Board (NLRB) order
regarding unfair labor practices. In the first ruling, the appeals court held
that the nursing home could proceed insofar as it was challenging the NLRB's
adoption of an administrative law judge's findings, but it lacked standing to
challenge the NLRB's discretion to conduct new elections for some employees. In
the second ruling, the appeals court concluded that findings of fact that the
NLRB relied on in concluding employer violated National Labor Relations Act
were supported by substantial evidence. The Eleventh Circuit issued the rulings
on May 21, 2002 and September 12, 2002 respectively.
Villa Maria Nursing and Rehab. Ctr. Inc. v. National Labor
Relations Bd., cert. denied, No. 02-878, 71 U.S.L.W. 3606 (U.S. Mar.