El Monte Tool and Die Casting, Inc. v. National Labor Relations Board

El Monte Tool and Die, Inc. (“Company”) petitions for review of a National Labor Relations Board (“NLRB”) order directing it to bargain with the Sheet Metal Workers International Association, Local Union 170, AFL-CIO (“Union”). The Union was certified as representative of the Company’s employees after an election held January 21, 1977. The Company alleges that the election was invalid and challenges the NLRB procedures. We reject its arguments and affirm the NLRB order.

I. FACTS

On November 3, 1976, the Union filed for certification as representative of a unit of the Company’s employees. The NLRB found the unit to be appropriate for bargaining and conducted an election on January 21, 1977. The Union won.

Thereafter, the Company protested the election to the NLRB, claiming that the Union misrepresented Company policies during the election campaign. In particular, the Company objected to three statements that appeared in two leaflets distributed to employees shortly before the election. The first statement was disseminated two days before the election:

The other two statements were extracted from a leaflet distributed the day before the election:

The Company claimed that these…