National Labor Relations Board v. San Clemente Publishing Corporation Coastline Publishers, Inc.
Opinion
Opinion
This case comes before the Court on petition of the National Labor Relations Board [hereinafter referred to as the Board] for enforcement of its order issued against respondents on August 10, 1967 and reported at 167 NLRB No. 2 . This Court has jurisdiction pursuant to 29 U.S.C. § 160 (e).
In October, 1966, respondent San Cle-mente Publishing Company [hereinafter referred to as the Company] and the Orange Typographical Union No. 579 of the International Typographical Union AFL-CIO [hereinafter referred to as the Union], orally agreed to have a mutually acceptable third party poll the five employees in the Company’s Composing Room to determine whether the employees wished to be represented by the Union. The Company also orally agreed that if a majority of those polled favored representation, then it would recognize and bargain with the Union.
A third party was chosen, and on October 24, 1966 he asked each employee privately whether he desired representation by the Union. The person chosen to conduct the poll then reported to the Company and the Union that a majority of the five employees wished representation, but he did not indicate the actual count of votes.