Avante at Boca Raton, Inc. v. National Labor Relations Board
Docket: No. 01-1354
Court: Court of Appeals for the D.C. Circuit; November 4, 2002; Federal Appellate Court
The appeal reviewed the records from the National Labor Relations Board (NLRB) and the parties' briefs. The court ordered the denial of the petition for review based on the NLRB's opinions in Avante at Boca Raton, Inc. (1997) and Avante at Boca Raton, Inc. (2001). The NLRB acted within its discretion by certifying Local 1115 as the bargaining representative for certain employees of Avante. Additionally, Local 1115's affiliation with the Service Employees International Union, AFL-CIO, CLC did not exempt Avante from its obligation to negotiate with Local 1115. The disposition will not be published per D.C. Circuit Rule 36, and the Clerk is instructed to withhold the mandate issuance for seven days to allow for any timely petitions for rehearing or rehearing en banc, as per Fed. R. App. P. 41(b) and D.C. Cir. Rule 41.