Opinion

National Labor Relations Board v. Union Carbide Corporation

  • 440 F.2d 54
  • 77 L.R.R.M. (BNA) 2894
  • 1971 U.S. App. LEXIS 11715
Court
Court of Appeals for the Fourth Circuit
Filed
Feb 23, 1971
Status
Published
On the bench
Bryan, Murrah, Butzner
Cited by
24 cases

The opinion

PER CURIAM.

Upon consideration of the petition of the National Labor Relations Board for rehearing and of the suggestion for a rehearing en banc;

Now, therefore, with the concurrence and approval of the other members of the panel, and in the absence of a request for a poll of the entire court as provided by Appellate Rule 35(b);

It is adjudged and ordered that the National Labor Relations Board’s petition for a rehearing is denied.

Upon consideration of Union Carbide Corporation’s petition for a rehearing addressed to the panel;

ALBERT V. BRYAN, Circuit Judge

(dissenting on denial of rehearing).

I see no ground for a reconsideration of Mullins’ discharge. It was found not to be an unfair’ labor practice, and properly so, I think.

To the refusal of the Court to grant the respondent a rehearing as to Moss and Withrow, I renew the dissent I noted to the first opinion in this case. I now again express disapproval of the reinstatement and backpay allowed these two employees.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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