# National Labor Relations Board v. Union Carbide Corporation

> Court of Appeals for the Fourth Circuit · February 23, 1971 · 440 F.2d 54

URL: https://www.frixlaw.com/law-library/cases/9456659

## Case

- **Full name:** NATIONAL LABOR RELATIONS BOARD, Petitioner, v. UNION CARBIDE CORPORATION, Respondent
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** February 23, 1971
- **Citations:** 440 F.2d 54; 77 L.R.R.M. (BNA) 2894; 1971 U.S. App. LEXIS 11715
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Bryan, Murrah, Butzner
- **Cited by:** 24 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9456659

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9456659. Public record. Not legal advice.