AUTIO v. AFSCME, LOCAL 3139

The case having been reheard by the Court en banc, Judges Heaney, McMillian, Richard S. Arnold, Fagg, Murphy, and Kelly vote to affirm the District Court. Chief Judge Bowman and Judges Wollman, Beam, Loken, Hansen, and Morris Sheppard Arnold vote to reverse. Accordingly, the judgment of the District Court is affirmed by an evenly divided vote of the Court en banc.