Healthcare Employees Union, Local 399 v. National Labor Relations Board

463 F.3d 909 HEALTHCARE EMPLOYEES UNION, LOCAL 399, AFFILIATED WITH the SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, St. Vincent Medical Center, Respondent-Intervenor. No. 03-72029. United States Court of Appeals, Ninth Circuit. Argued and Submitted February 9, 2005. Filed September 11, 2006. COPYRIGHT MATERIAL OMITTED David A. Rosenfeld (brief & argued) and M. Suzanne Murphy (brief), Weinberg, Roger & Rosenfeld, Oakland, CA, for the petitioner. Meredith L. Jason (argued) and David Habenstreit and Jill A. Griffin (brief), National Labor Relations Board, Washington, D.C., for the respondent. Gordon A. Letter (brief and argued), Littler Mendelson, Los Angeles, CA, for respondent-intervenor. On Petition for Review of an Order of the National Labor Relations Board. NLRB No. 31-CA-24325. Before HARRY PREGERSON, WILLIAM C. CANBY, JR., and ROBERT R. BEEZER, Circuit Judges. ORDER AND OPINION PREGERSON, Circuit Judge. ORDER 1 The opinion and dissent filed March 17, 2006, slip op. 2743, and appearing at 441 F.3d 670 are hereby withdrawn. A new opinion and dissent shall be filed concurrently with this order. 2 Judges…