National Labor Relations Board v. The Hillhaven Corporation, Dba Big Sky Care Center

967 F.2d 589 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. THE HILLHAVEN CORPORATION, dba Big Sky Care Center, Respondent. No. 91-70129. United States Court of Appeals, Ninth Circuit. Submitted June 4, 1992. * Decided June 9, 1992. Before FARRIS, WILLIAM A. NORRIS and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Hillhaven operates the Big Sky Care Center, a private nursing home. On February 9, 1990, the Acting Regional Director of the NLRB found a unit comprised of Hillhaven's licensed practical nurses (LPNs) appropriate for collective bargaining and directed an election. Hillhaven appealed the Acting Regional Director's decision, but the Board denied the request for review. Hillhaven nevertheless refused to bargain with the union representing the LPNs. The NLRB's General Counsel brought an unfair labor practices charge against Hillhaven; Hillhaven's defense was that the LPNs were supervisors and thus that the bargaining unit…