Finding the Board's decision not to overturn an election based on anonymous incidents was within its discretion because ordering a rerun election on that basis would “risk futility” and would “be devastatingly unfair to the majority of employees who have voted for the union”
In N.L.R.B. v. Gissel Packing Company, Inc., 398 F.2d 336 (C.A.4), the court held that authorization cards are such unreliable indicators of the desires of the employees that an employer confronted with a demand for recognition based solely upon them is justified in withholding recognition pending the result of a certification election.