Opinion

Exxel/atmos, Inc. v. National Labor Relations Board

  • 37 F.3d 1538
  • 308 U.S. App. D.C. 411
  • 147 L.R.R.M. (BNA) 2719
  • 1994 U.S. App. LEXIS 30682
Court
Court of Appeals for the D.C. Circuit
Filed
Nov 4, 1994
Status
Published
On the bench
Edwards, Wald, Silberman, Buckley, Williams, Ginsburg, Sentelle, Henderson, Randolph, Rogers, Tatel
Cited by
4 cases
Authority
More cited than 68.6%

arguing that reasonable time need not be limited to the period remaining in the first year after union certification when the unfair labor practice was committed because a specified period encourages employer to wait out the period rather than reach an agreement

How later courts described this case

  • arguing that reasonable time need not be limited to the period remaining in the first year after union certification when the unfair labor practice was committed because a specified period encourages employer to wait out the period rather than reach an agreement
  • enforcing Board’s order in part and remanding case in part

Written by the judges who cited it.

The opinion

On Respondent’s Suggestion FOR Rehearing En Banc

ORDER

PER CURIAM.

Respondent’s Suggestion for Rehearing En Banc and the Response thereto have been circulated to the full Court. The taking of a vote was requested. Thereafter, a majority of the judges of the Court in regular active service did not vote in favor of the suggestion. Upon consideration of the foregoing, it is

ORDERED, by the Court en banc, that the suggestion is denied.

Chief Judge EDWARDS and Circuit Judge SILBERMAN would grant the suggestion.

A dissenting statement filed by Circuit Judge SILBERMAN is attached.

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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