“While there was a duty on the part of Winn-Dixie to consult and bargain with the Union as the employees’ representative before discontinuing its cheese cutting and prepackaging operation at its Jacksonville warehouse, we do not think at this late date it should be required to bargain with the Union as to its reestablishment. That, because under the facts proven by un contradicted evidence, we think Winn-Dixie, for good and sufficient reasons, would undoubtedly refuse to reestablish such operation and that to bargain with respect to such reestablishment would be a ‘mere exercise in futility.’ ”
How later courts described this case
- “While there was a duty on the part of Winn-Dixie to consult and bargain with the Union as the employees’ representative before discontinuing its cheese cutting and prepackaging operation at its Jacksonville warehouse, we do not think at this late date it should be required to bargain with the Union as to its reestablishment. That, because under the facts proven by un contradicted evidence, we think Winn-Dixie, for good and sufficient reasons, would undoubtedly refuse to reestablish such operation and that to bargain with respect to such reestablishment would be a ‘mere exercise in futility.’ ”
Written by the judges who cited it.
The opinion
JONES, Circuit Judge
(dissenting):
The facts, as stated by the majority, appear to me as the disclosure of a situation clearly within the exclusive prerogatives of management in all of its phases. Therefore, I dissent.