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S & F MARKET STREET HEALTHCARE LLC v. N.L.R.B.

No. 07-1439, 07-1502.

570 F.3d 354 (2009)

S & F MARKET STREET HEALTHCARE LLC, d/b/a Windsor Convalescent Center of Long Beach, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 2009.

Attorney(s) appearing for the Case

John H. Douglas argued the cause and filed the briefs for petitioner.

Amy H. Ginn, Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, and Jill A. Griffin, Supervisory Attorney. Meredith L. Jason and Jason Walta, Attorneys, entered appearances.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

When S & F Market Street Healthcare LLC acquired a nursing home previously operated by a different company, it decided to meet its immediate staffing needs in part by offering temporary employment to employees of the prior operator. S & F informed the employees it would consider hiring those who met S & F's "operational needs" and it would hire them on an at-will basis, subject to a probationary period, to various drug and background...

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