AMERICAN PROTECTIVE SERVICES, INC. v. N.L.R.B.

Nos. 96-1786, 96-1934.

113 F.3d 504 (1997)

AMERICAN PROTECTIVE SERVICES, INCORPORATED, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. AMERICAN PROTECTIVE SERVICES, INCORPORATED, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided May 14, 1997.


Attorney(s) appearing for the Case

ARGUED: Warren Malcolm Davison, Littler, Mendelson, Fastiff, Tichy & Mathiason, Baltimore, MD, for Petitioner. Julie Brock Broido, National Labor Relations Board, Washington, DC, for Respondent. ON BRIEF: Frederick L. Feinstein, General Counsel, Linda Sher, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Margaret Gaines Neigus, Supervisory Attorney, National Labor Relations Board, Washington, DC, for Respondent.

Before LUTTIG and WILLIAMS, Circuit Judges, and DUFFY, United States District Judge for the District of South Carolina, sitting by designation.


Reversed by published opinion. Judge LUTTIG wrote the opinion, in which Judges WILLIAMS and DUFFY joined.

OPINION

LUTTIG, Circuit Judge:

The National Labor Relations Board held that petitioner American Protective Services, Inc. unlawfully withdrew its final offer for a collective bargaining agreement prior to acceptance by the Union, because the withdrawal repudiated an agreed-upon ratification procedure and because the withdrawal came at a time...

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