E. G. F. Theobald

In an application for decertification, a representation vote was held resulting in a tie, with five segregated ballots.

The Board convened a hearing to determine the eligibility of the five individuals who cast the segregated ballots.

The parties agreed one ballot should be destroyed.

The Board held that the employer could not resile from its prior representation that two employees were outside the bargaining unit, and their ballots were destroyed.

The Board found the remaining two employees were eligible to vote and directed their ballots be counted, rejecting the union's argument that the employer was estopped by its conduct outside the Board proceedings.