National Labor Relations Board v. a & C Healthcare Services, Inc. ( 2013 )

FILED
NOT FOR PUBLICATION MAY 15 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
NATIONAL LABOR RELATIONS No. 11-72498
BOARD,
NLRB Nos. 20-CA-33588
Petitioner, 20-CA-33780
SERVICE EMPLOYEES
INTERNATIONAL UNION, MEMORANDUM*
Intervenor,
v.
A&C HEALTHCARE SERVICES, INC.,
Respondent.
On Application for Enforcement of an Order of the
National Labor Relations Board
Argued and Submitted May 7, 2013
San Francisco, California
Before: W. FLETCHER, GOULD, and CHRISTEN, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
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 (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 (1987);
NLRB v. Marin Operating, Inc., 822 F.2d 890, 895 (9th Cir. 1987).
ORDER ENFORCED.
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