The opinion
BEER, District Judge,
concurring in part and dissenting in part:
I respectfully concur with the majority’s conclusion that Olinkraft acted properly in attempting to schedule its own employees to the greatest extent possible while at the same time accomplishing as much work as possible, for economic reasons, during the outage.
I respectfully dissent from that portion of the opinion which affirms that a violation or violations have been established. Of the 28 grievances actually filed, the majority observes: “The record does not show, however, that the union was capable of performing these jobs during the Christmas outage.”
I hold the view that no per se violations occurred and that Olinkraft’s overall conduct did, in fact, exemplify good faith bargaining in all pertinent respects. On that basis, I would deny enforcement in all respects, thus obviating the necessity for remand.