National Labor Relations Board. v. Ensign Electric Division of Harvey Hubble, Inc.

CHAPMAN, Circuit Judge:

On July 22, 1985, an opinion was filed deciding that Guiton Electro-Voice, Inc., 266 N.L.R.B. 406 (1988), enforced sub nom. Local 900, International Union of Electrical Workers v. NLRB, 727 F.2d 1184 (D.C.Cir.1984), was not such an abrupt break from prior precedent that it would come as a great surprise, and thus it could be given retroactive application. See NLRB v. Ensign Electric Division of Harvey Hubble, Inc., 767 F.2d 1100 (4th Cir.1985). We granted the petition for rehearing in order to reconsider the question: whether this action is barred by the six month…