United Steelworkers of Am., Afl-Cio v. United States Gypsum Co., 498 F.2d 334 (5th Cir. 1974). · Go Syfert
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United Steelworkers of Am., Afl-Cio v. United States Gypsum Co., 498 F.2d 334 (5th Cir. 1974). Cases Citing This Book View Copy Cite
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UNITED STEELWORKERS OF AMERICA, AFL-CIO, Plaintiff-Appellant-Cross Appellee,
v.
UNITED STATES GYPSUM COMPANY, Defendant-Appellee-Cross Appellant
72-2694.
Court of Appeals for the Fifth Circuit.
Jul 31, 1974.
Published opinion
498 F.2d 334
1974 U.S. App. LEXIS 7380
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, 111., for defendant-appellee.
Bell, Ingraham, Per Curiam, Ro-Ney.
Cited by 2 opinions  |  Published

ON PETITION FOR REHEARING

(Opinion April 11, 1974, 5 Cir., 1974, 492 F.2d 713).

Before BELL, INGRAHAM and RO-NEY, Circuit Judges. PER CURIAM:

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.