National Labor Relations Board v. Robin American Corporation

(On Petition for Rehearing)

GODBOLD, Chief Judge:

We grant Robin American’s petition for rehearing in order to consider the effect on the Board’s order of the Supreme Court’s recent decision in First National Maintenance Corp. v. NLRB, 452 U.S. 666, 101 S.Ct. 2573, 69 L.Ed.2d 318 (1981), rendered after oral argument was held in this case.

In First National Maintenance the Supreme Court held that an economically-motivated decision to shut down part of a business is not one of the mandatory subjects of bargaining; therefore, the refusal to bargain over such a shutdown does not violate the…