Hanson Cold Storage Co. v. National Labor Relations Board

KANNE, Circuit Judge.

Thirty-seven employees of an Indiana employer voted in a union-representation election. The employer and the union disputed two of the votes, a sufficient number to affect the outcome of the election. The employer argued that one vote should not count, claiming that the voter’s intent could not be discerned from the ballot; the union argued that another vote should not count, claiming that the voter was not employed by the employer at the time of the vote. The National Labor Relations Board rejected the employer’s argument and counted the first disputed vote as a vote in…