Daily Labor Report®

Nursing Home Wins Fee Award Due to NLRB ‘Obstinacy’

Sept. 30, 2016, 6:31 PM

The National Labor Relations Board must reimburse a Michigan nursing home for attorneys’ fees it incurred in successfully challenging an unfair labor practice ruling, a divided U.S. Court of Appeals for the District of Columbia Circuit held Sept. 30 (Heartland Plymouth Court MI, LLC, 2016 BL 324573, D.C. Cir., No. 15-1034, 9/30/16)..

The decision illustrates a continuing controversy about the NLRB’s nonacquiescence in appellate court rulings that clash with legal theories that have not been tested before the U.S. Supreme Court.

Judge Janice Rogers Brown wrote for the majority that the board engaged...

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