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and the videotaping began without any union or employee misconduct why hello sweet cheeks have a seat flamingo retro poster occurring that day or on prior occasions. We disagree with the dissent on all three points.

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Under the Act, an election is not the exclusive means of determining majority status. “Almost from the inception of the Act . . . it was recognized that a union did not have to be certified why hello sweet cheeks have a seat flamingo retro poster as the winner of a Board election to invoke a bargaining obligation . . . .” NLRB v. Gissel Packing Co., 395 U.S. 575, 596–597 . An employer’s duty to bargain under Section 8 of the Act is subject, not to Section 9, which deals with elections, but to Section 9, which states that a representative “designated or selected” by the majority of employees in a unit shall be the exclusive bargaining representative. First, given the available information, Plath’s reason for deciding to videotape was based on more than what the Board refers to as a “mere” belief that something might happen.

At the time he made the decision, Plath knew that there was going to be a demonstration possibly involving a large number of people in front of the Respondent’s office. Plath knew that officials from the AFL–CIO had come into town from Washington, D.C., to take part in the demonstration. Plath could easily visualize the consequences of such a high-profile gathering, and he could predict that he would have safety, property, and security issues to face. Our dissenting colleague would find a violation because, in his view, the Respondent failed to establish proper justification for its decision to videotape the Union’s rally. According to the dissent, the Respondent had only a “mere belief” or “sheer suspicion” that unprotected activity might occur at the rally because Plath had minimal information about the rally; the rally occurred on public property;