International Brotherhood of Teamsters v. Southwest Airlines Co.

GOLDBERG, Circuit Judge,

with whom POLITZ, JOHNSON, and JERRE S. WILLIAMS, Circuit Judges, join, dissenting:

Old Mother Hubbard

Went to the cupboard,

To fetch her poor dog a bone;

But when she got there

The cupboard was bare,

And so the poor dog had none.

The panel opinion in this case stands in response to the en banc majority’s decision today. 842 F.2d 794. I add these dissenting words to emphasize that if the cupboard is barren, it is only because the majority has decided to empty it. Assuming the hegemony of management prerogative, the majority dresses its holding in the diaphanous garb of a…