Summa Corp. v. N.L.R.B

In Summa, the Board Agent, without consulting the two observers for the employer, assented to a third union observer during the first of two voting sessions, although the Stipulation there provided for an equal number of observers for each side. This court agreed with the employer that there was a significant risk that "the imbalance, with the acquiesence of the Board agent, could create an impression of predominance on the part of the Union and partiality on the part of the Board."