MOSEY MFG. CO., INC. v. N.L.R.B.

No. 81-1668.

701 F.2d 610 (1983)

MOSEY MANUFACTURING COMPANY, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Seventh Circuit.

Reargued October 19, 1982.

Decided February 18, 1983.


Attorney(s) appearing for the Case

Leland B. Cross, Jr., Ice Miller, Donadio & Ryan, James S. Cunning, Indianapolis, Ind., for petitioner.

Peter Winkler, N.L.R.B., Elliott Moore, N.L.R.B., Washington, D.C., for respondent.

Before CUMMINGS, Chief Judge, PELL, BAUER, WOOD, CUDAHY, ESCHBACH, POSNER, and COFFEY, Circuit Judges, and SWYGERT, Senior Circuit Judge.


POSNER, Circuit Judge.

We ordered reargument of this case en banc before issuance of a panel opinion (see Circuit Rule 16(e)) in order to resolve a conflict among panels of this circuit over whether the proper standard of judicial review in cases involving the Labor Board's application of its election rules to particular facts is abuse of discretion or substantial evidence on the record as a whole.

On June 10, 1977, the carpenters' union was elected the collective...

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