They recommend however that to withstand legal challenges, a company's policies should be carefully drawn. Further, policies should be based on legitimate business considerations, accompanied by reasonable safeguards, and applied in a non-discriminatory manner (Sherman et al
According to former NLRB trial attorney James Swann, there is an election process to be followed, therefore the company was not otherwise obligated to accept the union's majority status claim on the basis of the signed authorization cards. Once the union notified the company that the required number of cards had been signed (30% or more), the NLRB was to issue a "Direction of Election," following which specific election arrangements were made and agreed to by both parties (Swann, n