Opinion

National Labor Relations Board v. Haberman Construction Company

  • 618 F.2d 288
  • 105 L.R.R.M. (BNA) 2059
  • 1980 U.S. App. LEXIS 15712
Court
Court of Appeals for the Fifth Circuit
Filed
Jul 15, 1980
Status
Published
On the bench
Tuttle, Goldberg, Randall
Cited by
28 cases

Modified in part by National Labor Relations Board v. Haberman Construction Company, 641 F.2d 351 (1981)

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.

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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