NATIONAL LABOR RELATIONS BOARD, Petitioner,
v.
ENSIGN ELECTRIC DIVISION OF HARVEY HUBBLE, INC., and United Steelworkers of America, Local 5925, AFL-CIO-CLC, Respondents.
Center on National Labor Policy, Inc., Amicus Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued December 5, 1985.
Decided February 19, 1986.
Rehearing and Rehearing Denied April 1, 1986.
Attorney(s) appearing for the Case
William T. Payne (Carl B. Frankel, Pittsburgh, Pa., on brief), for respondent United Steelworkers of America, Local 5925.
P. Thomas Krieger (Paul A. Billups, Jenkins, Fenstermaker, Krieger, Kayes & Farrell, Huntington, W.Va., on brief), for respondent Ensign Elec. Div. of Harvey Hubbell, Inc.
John D. Burgoyne, Asst. Gen. Counsel, N.L.R.B. (Sharon Margolis Apfel, Rosemary M. Collyer, General Counsel, John E. Higgins, Jr., Deputy General Counsel, Robert E. Allen, Associate General Counsel, Elliott Moore, Deputy Associate General Counsel, Washington, D.C., on brief), for petitioner.
Michael Ernest Avakian, North Springfield, Va., Edward F. Hughes, Center on Nat. Labor Policy, Inc., Springfield, Va., on brief, for amicus curiae.
Before MURNAGHAN and CHAPMAN, Circuit Judges and HAYNSWORTH, Senior Circuit Judge.
United States Court of Appeals, Fourth Circuit.
Rehearing and Rehearing En Banc Denied April 1, 1986.
CHAPMAN, Circuit Judge:
On July 22, 1985, an opinion was filed deciding that Gulton Electro-Voice, Inc., 266 N.L.R.B. 406 (1983), enforced sub nom. Local 900, International Union of Electrical Workers v. NLRB,727 F.2d 1184 (D.C.Cir.1984), was not such an abrupt break from prior precedent that it would come as a great surprise, and thus it could be given retroactive...
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