The applicant union filed a second application for certification after withdrawing its first application due to employer allegations of non-pay and misconduct regarding membership evidence.
The employer argued the fresh membership evidence in the second application was tainted by the alleged prior misconduct and sought dismissal or a representation vote.
The Board found no evidence of impropriety in the collection of the fresh cards and held that the withdrawal of the first application did not preclude the union from relying on new, untainted evidence.
The Board certified the union, finding it had the requisite support of more than fifty-five percent of the employees.
