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United Steelworkers, Afl-Cio v. U.S. Gypsum

United States Court of Appeals, Fifth Circuit
Jul 31, 1974
498 F.2d 334 (5th Cir. 1974)

Opinion

No. 72-2694.

July 31, 1974.

Jerome A. Cooper, Birmingham, Ala., Bernard Kleiman, Gen. Counsel, Pittsburgh, Pa., Michael H. Gottesman, Jeffrey Gibbs, Washington, D.C., for plaintiff-appellant.

J. S. Gruggel, Jr., John J. Coleman, Jr., Birmingham, Ala., Harold D. Burgess, J. T. Otis, Chicago, Ill., for defendant-appellee.

Appeal from the United States District Court for the Northern District of Alabama.

Before BELL, INGRAHAM and RONEY, Circuit Judges.


ON PETITION FOR REHEARING [2] (Opinion April 11, 1974, 5 Cir., 1974, 492 F.2d 713).


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.


Summaries of

United Steelworkers, Afl-Cio v. U.S. Gypsum

United States Court of Appeals, Fifth Circuit
Jul 31, 1974
498 F.2d 334 (5th Cir. 1974)
Case details for

United Steelworkers, Afl-Cio v. U.S. Gypsum

Case Details

Full title:UNITED STEELWORKERS OF AMERICA, AFL-CIO, PLAINTIFF-APPELLANT-CROSS…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jul 31, 1974

Citations

498 F.2d 334 (5th Cir. 1974)

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