Legal Opinion

Pepsi-Cola Bottling Company of Mason City, Iowa v. National Labor Relations Board

Court of Appeals for the Eighth Circuit

Decided September 10, 1981No. 80-1838PublishedCited by 38 opinions

1Opinion of the Court

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 City, Iowa (Pepsi-Cola or the Company) violated section 8(a)(5) of the National Labor Relations Act (the Act), 29 U.S.C. § 151 et seq. (1976 & Supp. II 1978), by…

2Cases cited6 opinions

  1. United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
  2. John Wiley & Sons, Inc. v. LivingstonSupreme Court of the United States · 1964
  3. National Labor Relations Board v. Donkin's Inn, Inc.Court of Appeals for the Ninth Circuit · 1976
  4. National Labor Relations Board v. TruckdriversCourt of Appeals for the Sixth Circuit · 1976
  5. National Labor Relations Board v. Lucas County Farm Bureau Cooperative Association, Inc.Court of Appeals for the Sixth Circuit · 1977

1 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Miner v. Local 373, International Brotherhood of TeamstersCourt of Appeals for the Eighth Circuit · 2008
  2. Capitol-Husting Company, Inc. v. National Labor Relations BoardCourt of Appeals for the Seventh Circuit · 1982
  3. International Painters & Allied Trades Union & Industry Pension Fund v. H.W. Ellis Painting Co.District Court, District of Columbia · 2003
  4. Mack Trucks, Inc. v. International UnionCourt of Appeals for the Third Circuit · 1988
  5. District 17, District 29, Local Union 7113, & Local Union 6023, United Mine Workers of America v. Allied Corp.Court of Appeals for the Fourth Circuit · 1985

33 more not listed; retrieve them via the Exa API.

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