The employer claimed that the result of election proved that union had lost result of election. However, at the time that the employer refused to recognize the union, the result of the election indicated that union had won 19 to 18, with one disputed vote ultimately causing a tied vote. The union prevailed in its claim that the employer had committed “objectionable conduct” with respect to said election, such that N.L.R.B. ordered new election.
Accordingly, the Court of Appeals could not review the propriety of the N.L.R. B. order directing a new election, and the employer could not refuse to recognize union - at least until such election took place and until union became decertified.