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118 The Supreme Court approved this use of bargaining orders buffalo bills helmet crocs but held that a bargaining order is justified only where there is also a showing that at some point the Union

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only when an employer had declined to recognize its employees’ chosen representative. If the Regional Director or Board, as appropriate, invalidates an election based on meritorious objections, buffalo bills helmet crocs the usual remedy is a rerun election.154 The Board, however, has authority to grant a so-called Gissell or remedial bargaining order, in lieu of an election or rerun election, where the union had obtained majority support prior to the scheduled election and the Employer’s ULPs are found sufficiently serious to impede a fair election.155 The Regional Director has discretion as to the timing and other details of the rerun election. The NLRB may order an Employer to recognize and bargain with a Union where the Employer, among other things, has committed unfair labor practices (“ULPs”)

that have made a fair election unlikely or has undermined the Unions majority and caused an election to be set aside.116 In Gissel Packing Company, the Supreme Court identified three separate categories of ULPs that it would consider in deciding whether a bargaining order would be an appropriate remedy. The first category of cases, known as Gissel-I cases, involves situations in which the Employer has committed outrageous or pervasive ULPs that would make it impossible to hold a fair election. The court determined that in these exceptional cases a bargaining order is the appropriate remedy “without need of inquiry into majority status.”117 The Supreme Court did not, however, specifically endorse the idea of non-majority bargaining orders. The second category of cases, known as Gissel-II cases, involves “less extraordinary cases marked by less pervasive practices which nonetheless have the tendency to undermine majority strength and impede the election processes.”