Mike-Sell's Potato Chip Co. v. National Labor Relations Board

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.

SILBERMAN, Senior Circuit Judge:

Mike-sell’s, a snack food manufacturer and distributor, challenges an NLRB determination that petitioner violated the NLRA 8(a)(5) when it unilaterally instituted terms and conditions of employment for its employees represented by the Teamsters. Mike-sell’s claims that it was entitled, under our precedent, to do so because negotiations with the Union had reached an impasse. The Board, however, adopted the ALJ’s determination that no impasse existed. Although this is a close case — the Petitioner’s…