800 River Road Operating Co LL v. NLRB, No. 14-1571 (3d Cir. 2015)

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This opinion or order relates to an opinion or order originally issued on April 29, 2015.

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PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ Nos. 14-1571 and 14-2036 _____________ 800 RIVER ROAD OPERATING CO LLC, DBA Woodcrest Health Care Center, Petitioner in No. 14-1571 v. NATIONAL LABOR RELATIONS BOARD, Respondent 1199 SEIU UNITED HEALTHCARE WORKERS EAST NEW JERSEY REGION, Intervenor *Amended Pursuant to Clerk Order entered 04/22/14 NATIONAL LABOR RELATIONS BOARD, Cross-Petitioner in No. 14-2036 v. 800 RIVER ROAD OPERATING CO LLC, D/B/A Woodcrest Health Care Center, Cross-Respondent On Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board (Case No. 22-CA-083628) Argued on January 23, 2015 (Opinion filed: April 29, 2015) Before: RENDELL, SMITH and KRAUSE, Circuit Judges Paul D. Clement, Esq. William R. Levi, Esq. Erin Murphy, Esq. (Argued) Bancroft PLLC 1919 M Street, N.W. Suite 470 Washington, DC 20036 Rosemary Alito, Esq. George P. Barbatsuly, Esq. K & L Gates, LLP One Newark Center Tenth Floor Newark, NJ 07102 Counsel for Petitioner/Cross-Respondent 800 River Road Operating Co, LLC Kira D. Vol, Esq. Julie B. Broido, Esq. Jared D. Cantor, Esq. (Argued) Linda Dreeben, Esq. Richard F. Griffin, Jr., Esq. Jennifer Abruzzo, Esq. John H. Ferguson, Esq. National Labor Relations Board Appellate Court Branch 1099 14th Street, N.W. Washington, DC 20570 Counsel for Respondent/Cross-Petitioner National Labor Relations Board 2 ORDER AMENDING OPINION IT IS SO ORDERED, that the published Opinion in the above case, filed on April 29, 2015, be amended as follows: On page 4, paragraph 1, line 6, delete the following: The word “ommitting” and replace it with: The word “committing” The amendment does not change the date of filing, April 29, 2015. By the Court, s/MARJORIE O. RENDELL Circuit Judge Dated: April 30, 2015 CJG/cc: William S. Massey, Esq. Kira D. Vol, Esq. Linda Dreeben, Esq. Jared D. Cantor, Esq. Erin E. Murphy, Esq. William R. Levi, Esq. Paul D. Clement, Esq. 3

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