# National Labor Relations Board v. The Joclin Manufacturing Company

> Court of Appeals for the Second Circuit · March 1, 1963 · 314 F.2d 627

URL: https://www.frixlaw.com/law-library/cases/9449105

## Case

- **Full name:** NATIONAL LABOR RELATIONS BOARD, Petitioner, v. the JOCLIN MANUFACTURING COMPANY, Respondent
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** March 1, 1963
- **Citations:** 314 F.2d 627
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Lumbard, Swan, Friendly
- **Cited by:** 55 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9449105

## Opinion text

ON PETITION FOR REHEARING.
PER CURIAM.
The National Labor Relations Board has petitioned for rehearing on the ground that our discussion of the ■challenges with respect to Rita Rollins and Isabelle Palukis relied to some extent on the presence of a comma between the words “office” and “clerical” in the ■stipulation for an election. The stipulation was so printed in the Board’s brief and in the joint appendix but the Board now advises us that the comma was a typographical error. Apart from the comma, we would still regard the stipulation as sufficiently ambiguous with respect to Rollins and Palukis to warrant the employer’s request to submit extrinsic evidence, although this will have to be more probative than if the stipulation had read as we were told. Remand is required in any event since even if the votes of Rollins and Palukis should prove to have been properly counted, the counting of Ursini’s ballot, which was erroneously excluded, and of Rosania’s, which a hearing may show to have been, might produce a tie.
The opinion is modified to the extent indicated; the petition for rehearing is denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9449105. Public record. Not legal advice.