United Steelworkers of America, Afl-Cio-Appellantcross v. United States Gypsum Company-Appellee-Cross

U.S. Court of Appeals for the Fifth Circuit July 31, 1974

United Steelworkers of America, Afl-Cio-Appellantcross v. United States Gypsum Company-Appellee-Cross, 498 F.2d 334 (5th Cir. 1974)

87 L.R.R.M. (BNA) 2075; 1974 U.S. App. LEXIS 7380

Bell, Ingraham, Per Curiam, Ro-Ney

Opinion

ON PETITION FOR REHEARING

(Opinion April 11, 1974, 5 Cir., 1974, 492 F.2d 713).

Before BELL, INGRAHAM and RO-NEY, Circuit Judges. PER CURIAM:

We are aware of the Supreme Court’s recent decision in Howard Johnson Co., Inc. v. Detroit Loc. Jt. Exec. Bd., - U.S. -, 94 S.Ct. 2236, 41 L.Ed.2d 46 (1974), overruling the Sixth Circuit’s decision, 482 F.2d 489 (1973), that Howard Johnson, as a successor employer, was bound to arbitrate with the union concerning the extent of its obligations to its predecessor’s employees. Concluding that “there was plainly no substantial continuity of identity in the work force hired by Howard Johnson,” - U.S. at-, 94 S.Ct. at 2244, the Court held that Howard Johnson had no duty to arbitrate with the union. But, as we emphasize in our opinion, there was a substantial continuity of identity present in the case at bar. 492 F.2d at 716, 726. In short, we believe that the principles of Wiley remain viable in the circumstances of our case.

The petition for rehearing is in all respects denied.

Reference

Full Case Name: UNITED STEELWORKERS OF AMERICA, AFL-CIO, Plaintiff-Appellant-Cross Appellee, v. UNITED STATES GYPSUM COMPANY, Defendant-Appellee-Cross Appellant
Cited By: 2 cases
Status: Published