National Labor Relations Board v. Southern Plasma Corporation

ON PETITION FOR REHEARING

The petitioner, the National Labor Relations Board requests that we reexamine the propriety of the following language appearing in the panel opinion:

The ALJ treated as a separate violation of §§ 8(a)(1) and 8(a)(3) Gurley’s refusing to rehire Huguley in November of 1977, after the business reopened. At the outset, we must conclude that the ALJ’s decision is at least partially incorrect as a matter of law insofar as it finds that Gurley’s refusal to rehire Huguley violated § 8(a)(1). That section prohibits an employer’s interference with, or restraint or coercion of,…