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AMF BOWLING CO. v. N.L.R.B.

Nos. 94-2150, 94-2256.

63 F.3d 1293 (1995)

AMF BOWLING COMPANY, INCORPORATED, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, District 4, United Steelworkers of America, AFL-CIO, CLC, Intervenor. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. AMF BOWLING COMPANY, INCORPORATED, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided August 29, 1995.

Attorney(s) appearing for the Case

ARGUED: R. Daniel Bordoni, Bond, Schoeneck & King, L.L.P., Syracuse, NY, for petitioner. David S. Habenstreit, N.L.R.B., Washington, DC, for respondent. James R. LaVaute, Blitman & King, Syracuse, NY, for intervenor. ON BRIEF: W. Carter Younger, McGuire, Woods, Battle & Boothe, Richmond, VA, for petitioner. Frederick L. Feinstein, Gen. Counsel, Linda Sher, Acting Associate Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, Linda Dreeben, Supervisory Atty., N.L.R.B., Washington, DC, for respondent.

Before NIEMEYER and HAMILTON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

The petition for review is granted and the cross-petition for enforcement is denied by published opinion. Judge NIEMEYER wrote the opinion, in which Judge HAMILTON joined. Senior Judge BUTZNER wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

When AMF Bowling Company, Incorporated, failed to obtain wage concessions at its Lowville, New York, plant through bargaining with the United Steelworkers of America AFL-CIO, CLC, District 4, it declared...

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