ROADWAY EXP., INC. v. N.L.R.B.

Nos. 81-7831, 81-7902.

700 F.2d 687 (1983)

ROADWAY EXPRESS, INC., Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner. Saint E. BELL, Jr., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied May 20, 1983.


Attorney(s) appearing for the Case

Fisher & Phillips, Michael C. Towers, Mark E. Edwards, Atlanta, Ga., for petitioner.

Saint E. Bell, Jr., petitioner, pro se.

Joseph A. Oertel, N.L.R.B., Washington, D.C., for respondent.

Before HENDERSON and HATCHETT, Circuit Judges, and TUTTLE, Senior Circuit Judge.


Rehearing and Rehearing En Banc Denied May 20, 1983.

HATCHETT, Circuit Judge:

The National Labor Relations Board (Board) asks the court to follow NLRB v. Interboro Contractor's Inc., 388 F.2d 495 (2d Cir.1967) and hold that an employee acting alone engages in "concerted activities" when he asserts a right created by a collective bargaining agreement. Adhering to Fifth Circuit precedent, we reject the Board's request...

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