National Fresh Fruit & Vegetable Company and Quality Banana Co., Inc., Petitioners-Cross v. National Labor Relations Board, Respondent-Cross

GEWIN, Circuit Judge:

National Fresh Fruit & Vegetable Co. and Quality Banana Co., Inc. (the Company), petitions this court to review and set aside an order of the National Labor Relations Board. 1 The Board found that the Company violated section 8(a)(5) and (1) of the National Labor Relations Act, 29 U.S.C. § 158(a)(5) & (1), by insisting to impasse on a non-mandatory subject of bargaining and section 8(a)(3) & (1) of the Act by failing to reinstate unfair labor practice strikers immediately upon their unconditional offers to return to work. The situation presented by this appeal is somewhat…