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FRITO-LAY, INC. v. N. L. R. B.

No. 27854.

422 F.2d 169 (1970)

FRITO-LAY, INC., Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing and Rehearing May 13, 1970.

Attorney(s) appearing for the Case

William W. Cowan, Duane C. Aldrich, Robert W. Coleman, Atlanta, Ga., Kilpatrick, Cody, Rogers, McClatchey & Regenstein, Atlanta, Ga., of counsel, for petitioner.

Marcel Mallet-Prevost, Asst. Gen. Counsel, Susan Sherman, Elliott Moore, Attys., N. L. R. B., Washington, D. C., Harold A. Boire, Regional Director, N. L. R. B., Region 12, Tampa, Fla., Jerome Weinstein, Atty., N. L. R. B., Washington, D. C., for respondent.

Before JOHN R. BROWN, Chief Judge, and COLEMAN and CLARK, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc May 13, 1970.

COLEMAN, Circuit Judge:

This case presents the frequently encountered question of whether the National Labor Relations Board properly concluded that a company [Frito-Lay, Inc.] had violated § 8(a) (5) and (1) of the Act by refusing to bargain with the certified representative of a unit of its employees. The Company petitions for review and the Board has filed a cross application for...

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