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N.L.R.B. v. LLOYD A. FRY ROOFING CO.

No. 29081.

435 F.2d 848 (1970)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. LLOYD A. FRY ROOFING CO., Inc., Respondent.

United States Court of Appeals, Fifth Circuit.

December 14, 1970.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, Washington, D. C., Harold A. Boire, Director, Region 12, Tampa, Fla., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, John I. Taylor, National Labor Relations Board, Michael S. Winer, Attys., Washington, D. C., for N.L.R.B.

Robert C. Lanquist, O. R. T. Bowden, Charles F. Henley, Jr., Hamilton & Bowden, Jacksonville, Fla., Paul B. McInerney, Summit, Illinois, for respondent Lloyd A. Fry Roofing Co., Inc.

Paul B. McInerney, Summit, Illinois.

Before TUTTLE, DYER and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

The National Labor Relations Board (Board) petition for enforcement of a Board finding that the Lloyd A. Fry Roofing Company (Roofing) was a successor employer and therefore had a duty to bargain with the Union1 which represented the employees of Roofing's predecessor employer, National Felt and Paper Company (National). The Board concluded that Roofing violated Section 8(a) (5) and (1) of the Act by refusing to...

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