concurring dubitante:
The end product of this litigation may well be that, at the union’s urging, management has been found to have the power to discriminate between laid off workers vis-a-vis rehire. Those whose panel forms are accepted by the company after the five day period will be entitled to recall; those whose forms are rejected will not. Perhaps at this next bargaining session the union will be able to undo what, at its urging, we have done.