NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ____________ No. 12-1031 ____________ 1621 ROUTE 22 WEST OPERATING COMPANY, LLC d/b/a SOMERSET VALLEY REHABILITATION AND NURSING CENTER, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent 1199 SEIU UNITED HEALTHCARE WORKERS EAST, NEW JERSEY REGION, Intervenor ____________ No. 12-1505 ____________ NATIONAL LABOR RELATIONS BOARD, Petitioner 1199 SEIU UNITED HEALTHCARE WORKERS EAST, NEW JERSEY REGION, Intervenor v. 1621 ROUTE 22 WEST OPERATING COMPANY, LLC, d/b/a SOMERSET VALLEY REHABILITATION AND NURSING CENTER, Respondent ____________ No. 16-3212 ____________ 1621 ROUTE 22 WEST OPERATING COMPANY, LLC d/b/a SOMERSET VALLEY REHABILITATION AND NURSING CENTER, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent *1199 SEIU UNITED HEALTHCARE WORKERS EAST, Intervenor *(Pursuant to the Clerk’s Order dated 8/25/16) ____________ No. 16-3400 ____________ NATIONAL LABOR RELATIONS BOARD, Petitioner *1199 SEIU UNITED HEALTHCARE WORKERS EAST, Intervenor v. 1621 ROUTE 22 WEST OPERATING COMPANY, LLC d/b/a SOMERSET VALLEY REHABILITATION AND NURSING CENTER, Respondent *(Pursuant to the Clerk's Order dated 8/25/16) ____________ On Applications for Review and Enforcement of Orders of the National Labor Relations Board (NLRB Nos. 22-CA-64426, 22-CA-069152, 22-CA-074665) Argued: April 5, 2017 2 Before: CHAGARES, SCIRICA, and FISHER, Circuit Judges (Filed: March 14, 2018) Rosemary Alito (ARGUED) George P. Barbatsuly Meghan T. Meade K&L Gates LLP One Newark Center, 10th Floor Newark, New Jersey 07102 Jonathan E. Kaplan Tanja L. Thompson Littler Mendelson 3725 Champion Hills Drive Suite 3000 Memphis, TN 38125 Counsel for Petitioner/Cross-Respondent Linda Dreeben Jill A. Griffin Elizabeth A. Heaney Dexter E. Sutton, Sr. David Casserly (ARGUED) National Labor Relations Board 1015 Half Street, SE Washington, DC 20570 Counsel for Respondent/Cross-Petitioner Patrick J. Walsh (ARGUED) William S. Massey Katherine H. Hansen Gladstein Reif & Meginniss, LLP 817 Broadway, 6th Floor New York, NY 10003 Counsel for Intervenor-Respondent 3 ____________ OPINION ____________ CHAGARES, Circuit Judge Before us are petitions to review or enforce two orders of the National Labor Relations Board (“NLRB” or “Board”) related to unionization activities at a New Jersey nursing home. The orders pertain, respectively, to the certification of the employees’ union and the employer’s decision to terminate a group of nurses following their unionization. For the reasons that follow, we will deny the petitions for review and enforce both orders. I. A. We write solely for the parties and recount only the facts relevant to our disposition. Petitioner 1621 Route 22 West Operating Company, LLC (“Somerset”) operates a New Jersey nursing home. On July 22, 2010, after being contacted by Somerset employees, intervenor 1199 SEIU United Healthcare Workers East (the “Union”) petitioned the NLRB for authorization to serve as the employees’ collective This disposition is not an opinion of the full court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. 4 bargaining representative.1 At this time, Somerset employed, inter alia, registered nurses (“RNs”) and licensed practical nurses (“LPNs”). An election to approve the Union was scheduled for September 2, 2010. As part of its organizing campaign, the Union distributed a flyer featuring the words “Our Opportunity to Vote Yes is ...
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