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N.L.R.B. v. VSA, INC.

No. 93-1677.

24 F.3d 588 (1994)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. VSA, INCORPORATED, d/b/a Carolinas, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided May 12, 1994.

Attorney(s) appearing for the Case

ARGUED: Christopher Warren Young, N.L.R.B., Washington, DC, for petitioner. Mark E. McQueen, Berens & Tate, P.C., Omaha, NE, for respondent. ON BRIEF: Jerry M. Hunter, Gen. Counsel, Yvonne T. Dixon, Acting Deputy Gen. Counsel, Nicholas E. Karatinos, Acting Associate Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, Charles Donnelly, Supervisory Atty., N.L.R.B., Washington, DC, for petitioner.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and ELLIS, United States District Judge for the Eastern District of Virginia, sitting by designation.

Enforcement granted by published opinion. Judge ELLIS wrote the majority opinion, in which Judge Murnaghan joined. Judge NIEMEYER wrote a dissenting opinion.

OPINION

ELLIS, District Judge:

The principal question presented in this appeal is whether a union's promise to waive initiation fees for everyone, if elected, impermissibly taints the union's subsequent election. Because we conclude that it does not, and because we conclude that the Regional...

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