VESUVIUS CRUCIBLE CO. v. N. L. R. B.

No. 81-1171.

668 F.2d 162 (1981)

VESUVIUS CRUCIBLE COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Third Circuit.

Decided November 30, 1981.


Attorney(s) appearing for the Case

James Q. Harty, John E. Lyncheski (argued), James P. Hollihan, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for petitioner.

Paul J. Spielberg, Deputy Asst. Gen. Counsel, John P. Coyle (argued), William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Assoc. Gen. Counsel, Elliott Moore, Deputy Assoc. Gen. Counsel, N. L. R. B., Washington, D. C., for respondent.

Before SEITZ, Chief Judge, and ADAMS and GARTH, Circuit Judges.


OPINION OF THE COURT

ADAMS, Circuit Judge.

In this appeal, Vesuvius Crucible Company petitions for review of a final order of the National Labor Relations Board and the Board cross-petitions for enforcement of its order. The Board determined that the employer violated sections 8(a)(1) and (3) of the National Labor Relations Act when it refused to pay accrued vacation benefits to its striking employees. Because we conclude that there is insufficient evidence...

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