The "union's majority position is presumed to continue, despite tremendous fluctuations in unit size occasioned * * * by huge employer turnover. [This] factor[ ] will in itself neither defeat the use of the presumption nor rebut it."
How later courts described this case
- The "union's majority position is presumed to continue, despite tremendous fluctuations in unit size occasioned * * * by huge employer turnover. [This] factor[ ] will in itself neither defeat the use of the presumption nor rebut it."
- though employer never formally adopted union contract, it’s adoption was implied where employer manifested an intent to abide by the contract’s provisions and enjoyed its benefits
Written by the judges who cited it.
The opinion
ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
Before COLEMAN, Chief Judge, BROWN, AINSWORTH, GODBOLD, CHARLES CLARK, RONEY, GEE, TJO-FLAT, HILL, FAY, RUBIN, VANCE, KRAVITCH, FRANK M. JOHNSON, Jr., GARZA, HENDERSON, REAVLEY, POL-ITZ,- HATCHETT, ANDERSON, RANDALL, TATE, SAM D. JOHNSON, THOMAS A. CLARK and WILLIAMS, Circuit Judges.
BY THE COURT:
A member of the Court in active service having requested a poll on the application for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that the cause shall be reheard by the Court en banc on briefs without oral argument. The Clerk will specify a briefing schedule for the filing of supplemental briefs.