Having advised Exchange Parts Co. that it was conducting an organizational campaign, the union petitioned the NLRB for an election to determine whether it would be certified as the bargaining agent of the company's employees. During the organizational campaign, while the granted certification election was pending, the company announced five additional benefits for the employees, two of which were announced only a few days before the election.

In the election, the employees voted against being represented by a union. The union then filed a complaint with the NLRB, charging the company with an unfair labor practice because it granted benefits while the campaign was taking place and the election was pending.

The union argued that the company's actions interfered with the freedom of choice of the employees to determine whether they wished to be represented by the union. For whom would you decide? Why?

NLRB v. Exchange Parts Co., 375 U.S. 405 (U.S. Sup. Ct.).