The Seventh Circuit held that the record contained sufficient evidence to support the NLRB's findings that the employer: (1) engaged in series of unfair labor practices leading up to the union election when it asked employees about their attendance at union meetings among other things; (2) fired an employee one week prior to union election due to anti-union animosity; and (3) laid-off employees and changed pay rates without undergoing bargaining with respect to said issues.
As to the lay-off and pay rates, the Seventh Circuit held the NLRB could properly find that the employer wrongfully refused to bargain with the union, even though issue of union's election was on appeal at time of said decisions, because the "at-its-peril" doctrine applied - making the duty to bargain retroactive to date of union election. The fact that employer had a general slowdown in business at time the decisions were made did not amount to compelling economic consideration that excused its duty to bargain.