NLRB V. A&C HEALTHCARE SERVICES, INC., No. 11-72498 (9th Cir. 2013)

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FILED MAY 15 2013 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT NATIONAL LABOR RELATIONS BOARD, Petitioner, SERVICE EMPLOYEES INTERNATIONAL UNION, No. 11-72498 NLRB Nos. 20-CA-33588 20-CA-33780 MEMORANDUM* Intervenor, v. A&C HEALTHCARE SERVICES, INC., Respondent. On Application for Enforcement of an Order of the National Labor Relations Board Argued and Submitted May 7, 2013 San Francisco, California Before: W. FLETCHER, GOULD, and CHRISTEN, Circuit Judges. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. The National Labor Relations Board petitions for enforcement of its order holding that A&C Healthcare Services, Inc. ( A&C ) violated § 8(a)(1) and (5) of the National Labor Relations Act. We enforce the Board s order. The Administrative Law Judge ( ALJ ) held that A&C became a successor employer under NLRB v. Burns Int l Sec. Servs., 406 U.S. 272 (1972), at some point between September 14, 2007, when the union requested recognition and to bargain collectively, and November 8, 2007, at the end of the probationary period. The ALJ ruled that A&C violated its duty to negotiate with the union by unilaterally changing employment terms on and after November 8. The Board adopted the ALJ s findings. A&C Healthcare Servs., Inc., 186 L.R.R.M. (BNA) 1206 (2009). We have reviewed the record and the parties arguments. We conclude that the ALJ s findings, as adopted by the Board, are supported by substantial evidence. See Fall River Dyeing & Finishing Corp. v. NLRB, 482 U.S. 27, 42 54 (1987); NLRB v. Marin Operating, Inc., 822 F.2d 890, 895 (9th Cir. 1987). ORDER ENFORCED. 2

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