In Joy Silk the Court held that when an employer could have no doubt as to the majority status or when an employer refuses recognition of a union "due to a desire to gain time and to take action to dissipate the union's majority, the refusal is no longer justifiable and constitutes a violation of the duty to bargain set forth in section 8(a)(5) of the Act".
In NLRB v. Rohtstein Co., 266 F.2d 407, 409 (CA1, 1959), the First Circuit held that similar misrepresentations invalidated a card necessary for a majority, and therefore declined to enforce the Board's bargaining order.