Nat'l Labor Relations Bd. v. S. Plasma Corp., 633 F.2d 1210 (5th Cir. 1981). · Go Syfert
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Nat'l Labor Relations Bd. v. S. Plasma Corp., 633 F.2d 1210 (5th Cir. 1981). Cases Citing This Book View Copy Cite
7 citation events (1 in the last 25 years) across 5 distinct courts.
Strongest positive: Halstead Metal Products, a Division of Halstead Industries, Incorporated v. National Labor Relations Board, Halstead Metal Products, a Division of Halstead Industries, Incorporated v. National Labor Relations Board (ca4, 1991-07-03)
Top citers, strongest first. 3 distinct citers. How cited ↗
cited Cited as authority (rule) Halstead Metal Products, a Division of Halstead Industries, Incorporated v. National Labor Relations Board, Halstead Metal Products, a Division of Halstead Industries, Incorporated v. National Labor Relations Board
4th Cir. · 1991 · confidence medium
Desert Island Hosp., 695 F.2d 634, 638 (1st Cir.1982); NLRB v. Southern Plasma Corp., 633 F.2d 1210, 1210 (5th Cir.1981); Reliance Ins.
cited Cited as authority (rule) Halstead Metal Products v. National Labor Relations Board
4th Cir. · 1991 · confidence medium
Desert Island Hosp., 695 F.2d 634, 638 (1st Cir.1982); NLRB v. Southern Plasma Corp., 633 F.2d 1210, 1210 (5th Cir.1981); Reliance Ins.
cited Cited "see" Cleek Aviation v. United States
Ct. Cl. · 1991 · signal: see · confidence high
See Sanchez v. Board of Regents of Texas Southern University, 30 Fed.R.Serv.2d (Callaghan) 1684 , 1685 (S.D.Tex.1980), aff' d, 633 F.2d 1210 (5th Cir. Unit A Jan.1981).
Retrieving the full opinion text from the archive…
NATIONAL LABOR RELATIONS BOARD, Petitioner,
v.
SOUTHERN PLASMA CORPORATION, Respondent
79-2970.
Court of Appeals for the Fifth Circuit.
Jan 8, 1981.
633 F.2d 1210
1981 U.S. App. LEXIS 21176
Elliott Moore, Deputy Associate Gen. Counsel, L. Joseph Ferrara, N.L.R.B., Washington, D.C., for petitioner., Huey, Camper & Guilday, Thomas J. Guilday, Tallahassee, Fla., for respondent.
Kravitgh, Henderson, Reavley.
Cited by 2 opinions  |  Published

ON PETITION FOR REHEARING

PER CURIAM:

The petitioner, the National Labor Relations Board requests that we reexamine the propriety of the following language appearing in the panel opinion:

The ALJ treated as a separate violation of §§ 8(a)(1) and 8(a)(3) Gurley’s refusing to rehire Huguley in November of 1977, after the business reopened. At the outset, we must conclude that the ALJ’s decision is at least partially incorrect as a matter of law insofar as it finds that Gurley’s refusal to rehire Huguley violated § 8(a)(1). That section prohibits an employer’s interference with, or restraint or coercion of, employees’ § 7 rights, the right to engage in ‘concerted activities for the purpose of collective bargaining or other mutual aid or protection.’ Because, obviously, Huguley was no longer an employee when he reapplied, he is not protected by § 8(a)(1).

626 F.2d 1287, 1295 (5th Cir. 1980). We acknowledge our error in concluding that Huguley was not an “employee” for purposes of § 8(a)(1) protection at the time of his reapplication. See 29 U.S.C.A. § 152(3); N.L.R.B. v. Foodway of El Paso, 496 F.2d 117 (5th Cir. 1974); N.L.R.B. v. AcClang, Inc., 466 F.2d 558 (5th Cir. 1972); Bob’s Casing Crews, Inc. v. N.L.R.B., 458 F.2d 1301 (5th Cir. 1972). To avoid further confusion, we delete and expunge from the opinion the aforementioned language. However, the result of the Board’s petition for enforcement remaining the same, we modify our opinion in this respect only and DENY the petition for rehearing.

REHEARING DENIED.