Nat'l Labor Relations Bd. v. a & C Healthcare Servs., Inc., 518 F. App'x 533 (9th Cir. 2013).
Nat'l Labor Relations Bd. v. a & C Healthcare Servs., Inc., 518 F. App'x 533 (9th Cir. 2013). Book View Copy Cite
NATIONAL LABOR RELATIONS BOARD, Petitioner, Service Employees International Union, Intervenor,
v.
a & C HEALTHCARE SERVICES, INC., Respondent
11-72498.
Court of Appeals for the Ninth Circuit.
May 15, 2013.
518 F. App'x 533
Daniel Blitz, Usha Dheenan, Linda Dreeben, Deputy Associate General Counsel, Jill A. Griffin, Esquire, Supervisory, NLRB-National Labor Relations Board, Washington, DC, for Petitioner., David A. Rosenfeld, Weinberg Roger & Rosenfeld, Alameda, CA, for Intervenor., Michelle Carter, Carter Carter Fries & Grunschlag, San Francisco, CA, Robert Mitchell Cassel, I, Esquire, Law Office of Robert M. Cassel, Mill Valley, CA, for Respondent.
Fletcher, Gould, Christen.
Unpublished

MEMORANDUM *

The National Labor Relations Board petitions for enforcement of its order holding that A & C Healthcare Services, Inc. (“A & C”) violated § 8(a)(1) and (5) of the National Labor Relations Act. We enforce the Board’s order.

The Administrative Law Judge (“ALJ”) held that A & C became a successor employer under NLRB v. Burns Int’l Sec. Servs., 406 U.S. 272, 92 S.Ct. 1571, 32 L.Ed.2d 61 (1972), at some point between September 14, 2007, when the union requested recognition and to bargain collectively, and November 8, 2007, at the end of the probationary period. The ALJ ruled that A & C -violated its duty to negotiate with the union by unilaterally changing employment terms on and after November 8. The Board adopted the ALJ’s findings. A & C HEALTHCARE SERVS., INC., 186 L.R.R.M. (BNA) 1206 (2009).

We have reviewed the record and the parties’ arguments. We conclude that the ALJ’s findings, as adopted by the Board, are supported by substantial evidence. See Fall River Dyeing & Finishing Corp. v. NLRB, 482 U.S. 27, 42-54, 107 S.Ct. 2225, 96 L.Ed.2d 22 (1987); NLRB v. Marin Operating, Inc., 822 F.2d 890, 895 (9th Cir.1987).

ORDER ENFORCED.

*

This disposition is not appropriate for publication and is not precedent except as provided [*535] by 9th Cir. R. 36-3.