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PEPSI-COLA BOTTLING CO., ETC. v. N.L.R.B.

No. 80-1838.

659 F.2d 87 (1981)

PEPSI-COLA BOTTLING COMPANY OF MASON CITY, IOWA, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided September 10, 1981.

Attorney(s) appearing for the Case

Paul J. Spielberg, Deputy Asst. Gen. Counsel, Robert I. Tendrich, Atty., argued, William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Washington, D. C., for respondent.

Franklin R. Sears, Sears & Parker, Fort Worth, Tex., Steven M. Carsey, Fort Worth, Tex., argued, for petitioner.

Before LAY, Chief Judge, and BRIGHT and STEPHENSON, Circuit Judges.

BRIGHT, Circuit Judge.

This case presents an important issue of first impression for this court in the labor relations field: whether in negotiating a collective bargaining contract an unconditional offer remains open to acceptance after the other party has rejected the offer or submitted a counterproposal.1

The National Labor Relations Board (the Board) issued an order based on its finding that Pepsi-Cola Bottling Company of Mason...

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