Avante at Boca Raton, Inc. v. National Labor Relations Board
Docket: No. 01-1354
Court: Court of Appeals for the Federal Circuit; November 4, 2002; Federal Appellate Court
The appeal was evaluated based on the record from the National Labor Relations Board (NLRB) and the parties' briefs. The court ordered the denial of the petition for review, supporting the NLRB's decisions in Avante at Boca Raton, Inc. (1997) and (2001). The NLRB acted within its authority by certifying Local 1115 as the bargaining representative for certain Avante employees. Additionally, Local 1115's affiliation with the Service Employees International Union did not exempt Avante from its obligation to negotiate with Local 1115. The court noted that this ruling will not be published under D.C. Circuit Rule 36 and instructed the Clerk to delay the issue of the mandate for seven days following any timely petitions for rehearing or en banc review, in accordance with Federal Rule of Appellate Procedure 41(b) and D.C. Circuit Rule 41.