Cafeteria and Restaurant Workers Union, Local 473, Afl-Cio v. Neil H. McElroy Individually and as Secretary of Defense

FAHY, Circuit Judge, with whom EDGERTON, Circuit Judge, joins

(dissenting) .

In my opinion, while according due respect to those of a contrary view, rehearing this case en banc, a matter for the exercise of the sound discretion of the full membership of the court, should not have been granted after the decision of the division. The statutory structure of this court of nine members, any three of whom constitute a court, is designed to enable us to keep abreast of our work as it increases in volume over the years. Though I do not question our power to rehear any case en banc it is a power to be…