Answer to Question 1
The Supreme Court approved the Board's Cumberland rule. The Court stated that employees should be bound by the clear language of what they sign unless that language is deliberately and clearly canceled by a union adherent with words calculated to direct the signer to disregard and forget the language above his signature..
Answer to Question 2
The Cumberland Shoe case details the customary approach of the Board in dealing with allegations of misrepresentation against a union and misunderstanding by employees of the purpose for which authorization cards were solicited. Under the Cumberland Shoe doctrine, if the authorization card itself is unambiguous (i.e., states on its face that the signer authorizes the Union to represent the employee for collective bargaining purposes and not to seek an election), it will be counted unless it is proved that the employee was told that the card was to be used solely for the purpose of obtaining an election..
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