finding that district court had jurisdiction pursuant to Leedom under the “peculiar” facts there where the decertification petition had been held in abeyance for three years and accordingly, the NLRB had failed to carry out its "specific mandate” to investigate the petition
How later courts described this case
- finding that district court had jurisdiction pursuant to Leedom under the “peculiar” facts there where the decertification petition had been held in abeyance for three years and accordingly, the NLRB had failed to carry out its "specific mandate” to investigate the petition
- Leedora applicable to “shall direct an election” clause of § 9(e)
Written by the judges who cited it.
The opinion
ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
PER CURIAM:
The Petition for Rehearing is denied and the Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is also denied.