Mealey's (September 7, 2017, 7:31 AM EDT) -- PHILADELPHIA — A split Third Circuit U.S. Court of Appeals panel on Aug. 29 vacated an order by the National Labor Relations Board (NLRB), which found that a nursing home’s licensed practical nurses (LPNs) were “reportorial” and could unionize, ruling that the NLRB applied the incorrect legal test that was at odds with the circuit’s controlling precedent, NLRB v. Attleboro Associates, Ltd., 176 F.3d 154 (3d Cir. 1999) (National Labor Relations Board, et al. v. New Vista Nursing and Rehabilitation, No. 11-3440, New Vista Nursing and Rehabilitation, LLC v. National Labor Relations Board, et al., Nos. 12-1027 and 12-1936, 3rd Cir., 2017 U.S. App. LEXIS 16498)....