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Alvey v. General Electric Co.

UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT


September 16, 1980

BERNADINE ALVEY, GILDA FAULKENBURG, AND ROSE WANINGER, INDIVIDUALLY AND AS REPRESENTATIVES FOR AND ON BEHALF OF THEIR FELLOW EMPLOYEES SIMILARLY SITUATED, PLAINTIFFS-APPELLANTS,
v.
GENERAL ELECTRIC COMPANY, INTERNATIONAL UNION OF ELECTRICAL RADIO AND MACHINE WORKERS (AFL-CIO), LOCAL 805 OF THE INTERNATIONAL UNION OF ELECTRICAL RADIO AND MACHINE WORKERS (AFL-CIO), ET AL., DEFENDANTS-APPELLEES.

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division.

Before Hon. THOMAS E. FAIRCHILD, Chief Judge Hon. ROBERT A. SPRECHER, Circuit Judge Hon. HARLINGTON WOOD, JR., Circuit Judge

Order

On consideration of the petition for rehearing and suggestion for rehearing in banc filed in the above-entitled cause by General Electric Company, International Union of Electrical Radio and Machine Workers (AFL-CIO), and Local 805 of the International Union of Electrical Radio and Machine Workers (AFL-CIO), defendants-appellees,

IT IS ORDERED that the following sentence appearing at pages 18-19 of the original slip opinion dated June 11, 1980, be deleted:

"Since the constitutional provision did not constitute the membership as the agent of the union, plaintiffs' assertion that the motivation of the membership was the motivation of the union is without merit."

FURTHER, as no judge in active service has requested a vote thereon,*fn* and all of the judges on the original panel have voted to deny a rehearing, IT IS ORDERED that the aforesaid petition for rehearing be, and the same is hereby, DENIED.


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