In some cases where employer misconduct is so damaging to support for a union that the NLRB does not believe a fair election could be held, the Board may require the employer to bargain with the employees even though it does not have the votes necessary.

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This is a correct statement. In cases where employer misconduct has damaged support for a union to the extent that a fair election cannot be conducted, the National Labor Relations Board may require the employer to bargain with the employees even if the union has not won a majority of the votes. This remedy is called a bargaining order or a Gissel order, named after the NLRB case that established this precedent.

In Some Cases Where Employer Misconduct Is So Damaging to Support