In NLRB v. Sheridan Creations, Inc., 357 F.2d 245 (2d Cir. 1966), cert. denied 385 U.S. 1005, 87 S.Ct. 711, 17 L.Ed.2d 544 (1967), the employer contended that its attempted withdrawal from the multi-employer bargaining unit was authorized because three of its four employees desired not to be represented by the union.
Holding that where an agreement contains a “savings and severability” clause, the agreement “should not be completely obliterated because some provisions are beyond the legal limits ... unless such illegal provisions permeate the complete contract to such an extent as to affects its enforceability entirely”
Endorsing a Board procedure requiring that an employer questioning the majority status of an incumbent union "at least present prima facie evidence" of some illegality or impropriety undermining its previous recognition of the union