In NLRB v. Callier, 630 F.2d 595 (8th Cir. 1980), the court indicated that the Board's rules may be too narrow and that interim agreements coupled with strikes might well fragment a bargaining unit so as to justify withdrawal.
In NLRB v. Preston H. Haskell Co., 616 F.2d 136 (5th Cir. 1980), the panel filed three separate opinions, and two of those opinions expressly reject the argument Dependable makes here.