New York and Presbyterian Hosp. v. N.L.R.B

2 Citing cases

  1. National Labor Relations v. Legacy Health

    No. 10-72478 (9th Cir. Nov. 21, 2011)   1 Legal Analyses

    [3] We hold that, notwithstanding the Board's petition for enforcement only two days after its decision, the statutory bar to considering Legacy Health's objection holds firm. While it is true that, once the Board applies for enforcement, this court obtains jurisdiction over the case, it is also true that the Board retains concurrent jurisdiction until the record is filed. See 29 U.S.C. § 160(e); see also N.Y. Presbyterian Hosp. v. NLRB, 649 F.3d 723, 733 (D.C. Cir. 2011). We shared concurrent jurisdiction with the Board from August 11, 2010, when the Board filed its application for enforcement, through September 17, 2010, when the Board filed its certified list of the contents of the record with this court.

  2. Nat'l Labor Relations Bd. v. Legacy Health Sys.

    662 F.3d 1124 (9th Cir. 2011)   Cited 10 times
    Granting the NLRB's application for enforcement when a three-member panel adopted an order issued by a prior two member panel for the reasons set forth in the two member panel's decision

    We hold that, notwithstanding the Board's petition for enforcement only two days after its decision, the statutory bar to considering Legacy Health's objection holds firm. While it is true that, once the Board applies for enforcement, this court obtains jurisdiction over the case, it is also true that the Board retains concurrent jurisdiction until the record is filed. See 29 U.S.C. § 160(e); see also N.Y. & Presbyterian Hosp. v. NLRB, 649 F.3d 723, 733 (D.C.Cir.2011). We shared concurrent jurisdiction with the Board from August 11, 2010, when the Board filed its application for enforcement, through September 17, 2010, when the Board filed its certified list of the contents of the record with this court.