Tesla v. NLRB

Case: 21-60285 Document: 00516829528 Page: 1 Date Filed: 07/21/2023

United States Court of Appeals for the Fifth Circuit ___________ United States Court of Appeals Fifth Circuit

No. 21-60285 FILED July 21, 2023 ___________ Lyle W. Cayce Tesla, Incorporated, Clerk

Petitioner Cross-Respondent, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, AFL-CIO, Petitioner, versus National Labor Relations Board, Respondent Cross-Petitioner. ______________________________ Petition for Review from an Order of the National Labor Relations Board NLRB Order No. 370 NLRB No. 101 ______________________________ ON PETITION FOR REHEARING EN BANC (Opinion March 31, 2023, 5 Cir., 2023, 63 F.4th 981) Before Richman, Chief Judge, and Jones, Smith, Stewart, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, and Douglas, Circuit Judges.

Case: 21-60285 Document: 00516829528 Page: 2 Date Filed: 07/21/2023 No. 21-60285

Per Curiam: A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor, IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs. Pursuant to 5th Circuit Rule 41.3, the panel opinion in this case dated March 31, 2023, is VACATED.