National Labor Relations Board v. American Stores Packing Co., Acme Markets, Inc.
351 F.2d 308 | 10th Cir. | 1965
Lead Opinion
On Petition for Rehearing it is ordered that the opinion heretofore filed in this case is withdrawn and the case is remanded to the National Labor Relations Board for reconsideration by that Board in the light of American Ship Building Company v. National Labor Relations Board, 380 U.S. 300, 85 S.Ct. 955, 13 L.Ed.2d 855.
Dissenting Opinion
(dissenting).
Being of the view that the case is clearly distinguishable from the Ship Building case, and since the Board has taken the same position in the rehearing en banc, I can discern no good reason for remanding it for further consideration by the Board in the light of Ship Building. I would deny the Petition for Rehearing and enforce the order of the Board.
