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CURTIN MATHESON SCIENTIFIC, INC. v. N.L.R.B.

No. 88-4012.

905 F.2d 871 (1990)

CURTIN MATHESON SCIENTIFIC, INC., Petitioner Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

June 28, 1990.

Attorney(s) appearing for the Case

James V. Carroll, III, Debra S. Tellez, Houston, Tex., for petitioner-cross-respondent.

Eric H. Nelson, Houston, Tex., for intervenor.

Charles P. Donnelly, Jr., Aileen Armstrong, Dept. Assoc. Gen. Counsel, N.L.R.B., Peter D. Winkler, Office of Gen. Counsel, Washington, D.C., for respondent-cross-petitioner.

Bob Casey, Houston, Tex., for other interested parties.

Before WILLIAMS and GARWOOD, Circuit Judges, and NOWLIN, District Judge.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM:

In Curtin Matheson Scientific, Inc. v. National Labor Relations Board, 859 F.2d 362 (5th Cir.1989), a divided panel of this Court held that the NLRB did not have the authority to establish a rule of decision that employees hired as replacements for strikers in a lawful economic strike could not be presumed either to favor or oppose the union as a bargaining...

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