Frito-Lay, Inc., Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-Petitioner

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 enforcement. We find that the Order is due to be enforced.

The secret ballot election was held at the Company’s Orlando, Florida, plant *170on July 18, 1968, in a unit made up of twenty driver-salesmen. The Union won…