National Labor Relations Board v. Serrot Corporation

47 F.3d 1175 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SERROT CORPORATION, Respondent. No. 93-70613. United States Court of Appeals, Ninth Circuit. Submitted: Feb. 7, 1995. * Decided: Feb. 9, 1995. 1 Application for Enforcement of an Order of the National Labor Relations Board, NLRB Nos. 21-CA-27946; 2 NLRB, 3 APPLICATION GRANTED. 4 Before: BRUNETTI and KOZINSKI, Circuit Judges, and SHADUR, ** District Judge. 5 MEMORANDUM *** 6 Serrot opposes the NLRB's application for enforcement of its bargaining order on only one ground: the NLRB should have set aside the union certification election because of three unsavory incidents -- two threats by one pro-union employee (Salvador) against a pro-employer employee (Vargas), and a subsequent fight between them. 7 Serrot objected to the election and sought to have it set aside, and the NLRB referred the matter to a hearing officer, who heard extensive testimony and reached the…