Days Inn Management Company, Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-Petitioner

ALTIMARI, Circuit Judge:

Days Inn Management Co., Inc. (“Days Inn” or “petitioner”) petitions this Court for review of an order of the National Labor Relations Board (“Board” or “NLRB”). The Board found that Days Inn committed an unfair labor practice in violation of section 8(a)(1) of the National Labor Relations Act (“Act”), 29 U.S.C. § 158(a)(1) (1988), by allowing its employee to cross names off a list of potential voters during the course of a representation election. Specifically, Days Inn argues that the Board erred by applying what amounts to a per se rule that striking a name from a…