Lou's Produce, Inc. v. National Labor Relations Board, National Labor Relations Board v. Lou's Produce, Inc.

21 F.3d 1114 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. LOU'S PRODUCE, INC. Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. LOU'S PRODUCE, INC., Respondent. Nos. 92-70715, 92-70755. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 11, 1994. March 31, 1994. Before: FLETCHER, KOZINSKI and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Lou's Produce (the "company") seeks review of a National Labor Relations Board's order finding it in violation of sections 8(a)(1) and (5) of the National Labor Relations Act. The Board has filed a cross-petition for enforcement. We will uphold the NLRB's decision if its findings of fact are supported by substantial evidence and it correctly applied the law. NLRB v. O'Neill, 965 F.2d 1522, 1526 (9th Cir.1992). 3 A. The Board correctly found the company's employee poll illegal. Section 8(a)(1) requires that the union be notified of the time and place of such a poll,…