In an application for termination of bargaining rights, a representation vote was held and two ballots were segregated because the employees had been discharged prior to the application.
The discharged employees had grieved their terminations, with arbitration pending.
The applicant and the employer argued the ballots should not be counted or a new vote should be held, while the union argued the Board should await the arbitration outcome.
The majority of the Board directed that the disposition of the termination application must await the outcome of the arbitration proceedings to ensure the result reflects the true wishes of the employees.
A dissenting member would have discarded the segregated ballots and disclosed the vote results immediately.
