Rochell Mitchell v. JCG Industries

Published opinions dissenting from denials of rehearing en banc are rare; published opinions concurring in denials of rehearing en banc are virtually unheard of. But this case merits such an opinion in view of assertions and omissions in the opinion dissenting from the denial of rehearing en banc that relate both to the appropriateness of the case for rehearing *699by the full court and to the grounds of the panel’s decision.

Workers in a poultry processing plant in Chicago, who are represented by a union that has a collective bargaining agreement with their employer, stand next to a conveyor belt…