'evidence shows obvious and material deviation from the 'former or substantially equivalent' work without any valid economic justification * * *'
How later courts described this case
- 'evidence shows obvious and material deviation from the 'former or substantially equivalent' work without any valid economic justification * * *'
- new cleaning contract holder may not discriminate against employees of former contractor as a group
Written by the judges who cited it.
The opinion
J. SKELLY WRIGHT, Circuit Judge
(concurring in the result).
As I understand the court’s opinion, it dismisses the petition to review the Board’s orders and orders enforcement. I concur in that result and in much of what the court said. I differ with the court only as to its interpretation of the Board’s holding on the retention of the Frugal employees.
The Board’s opinion, as I read it, does not hold that petitioner was required as a matter of law to hire Frugal’s employees en masse. It held simply that “on the basis of the totality of circumstances involved herein” the refusal to hire them as a group pursuant to industry practice was anti-union motivated in violation of Section 8(a) (3) of the Act. 29 U.S.C. § 158 (a) (3) (1964).