New opinion — partial remand in labor-law appeal

800 River Road Operating Co LLC v. NLRB — labor law — partial remand — Rendell

Today’s lone opinion arises out of an election to unionize employees at a health-care company. The union charged the company with several labor-law violations during the election, and ultimately the NLRB sided with the union. Today, the Third Circuit affirmed on two issues but remanded on a third because, it held, the board failed to apply the right test.

The opinion’s opening sentence is not a model of judicial art:

Petitioner 800 River Road Operating Co. LLC, d/b/a Woodcrest Health Care Center (“Woodcrest”), seeks review of the National Labor Relations Board (“NLRB” or “Board”) decision and order (“Order”), which found that Woodcrest violated § 8(a)(1) and (a)(3) of the National Labor Relations Act, 29 U.S.C. §§ 151-169 (“NLRA” or “Act”), by ommitting [sic] various unfair labor practices. Woodcrest Health Care Ctr., 360 N.L.R.B. No. 58 (Feb. 27, 2014).

Joining Rendell were Smith and Krause. Arguing counsel were appellate star Erin Murphy of Bancroft for the company and Jared Cantor for the NLRB.

Update: today the court corrected the typo in the opening sentence. A blog reader?