Wagon Wheel Bowl, Inc. v. National Labor Relations Board, National Labor Relations Board v. Wagon Wheel Bowl, Inc.

Wagon Wheel Bowl, Ine. (“Company”) petitions for review of the National Labor Relations Board’s (“Board” or “NLRB”) decision and order finding that the Company committed unfair labor practices by unlawfully polling its union employees and by other actions taken by the Company after the polling. The Company argues that the Board applied the wrong legal standard in determining the lawfulness of the Company’s poll and that, under the correct standard, sufficient evidence supported the Company’s decision to poll. The Board applies for enforcement of its order.

We deny the petition for review and grant enforcement of the order.

FACTS AND PRIOR PROCEEDINGS

Wagon Wheel Bowl, Ine., is a small California corporation operating a bowling alley and bar. From 1970 until the end of January 1991, the Company recognized the Culinary Alliance & Bartenders Union, Local 498, affiliated with Hotel Employees and Restaurant Employees International Union (“Union”) as the exclusive collective bargaining representative for its bartenders, waiters, and waitresses. The number of union employees always remained around ten.

Following the expiration of their last collective bargaining agreement, the…