One employee ballot in a close election was marked with a large “X” in the “No Union” box and the word

“Yes” written above the box.

Should the NLRB count this ballot? If so, how?

See NLRB v. Newly Wed Foods Inc. [758 F.2d 4, 118 L.R.R.M. 3213 (1st Cir. 1985)].