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N.L.R.B. v. COMMUNITY HEALTH SERVICES

No. 14-9614.

812 F.3d 768 (2016)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. COMMUNITY HEALTH SERVICES, INC., d/b/a Mimbres Memorial Hospital and Nursing Home, Respondent. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Intervenor.

United States Court of Appeals, Tenth Circuit.

January 20, 2016.

Attorney(s) appearing for the Case

Kaitlin Kaseta, Charleston, South Carolina (Bryan T. Carmody, Carmody & Carmody LLP, Glastonbury, Connecticut, on the briefs), for Respondent.

Milakshmi V. Rajapakse, Attorney (Robert J. Englehart, Supervisory Attorney, Richard F. Griffin, Jr., General Counsel, Jennifer Abruzzo, Deputy General Counsel, John H. Ferguson, Associate General Counsel, and Linda Dreeben, Deputy Associate General Counsel, with her on the briefs), National Labor Relations Board, Washington, D.C., for Petitioner.

Before TYMKOVICH, Chief Judge, GORSUCH, and McHUGH, Circuit Judges.

I. INTRODUCTION

This challenge to the National Labor Relations Board's (the Board) petition for enforcement questions whether the Board may disregard interim earnings when calculating backpay awards for employees whose labor injury falls short of unlawful termination. Respondent Mimbres Memorial Hospital and Nursing...

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