Forrest Bugher v. Consolidated X-Ray Service Corporation

No member of this panel nor judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, the Suggestion for Rehearing En Banc is DENIED.

We write today to clarify one aspect of our opinion in this case. This point is not raised in either appellant’s Petition for Rehearing or its Suggestion for Rehearing En Banc.

In National Stabilization Agreement v. Commercial Roofing & Sheet Metal, 655 F.2d 1218 (D.C.Cir.1981), the D.C. Circuit held that an employer may not successfully assert the invalidity of the trustee selection process as a defense to an…