Can We Ignore Kentucky River Now?

LaborProf Blog is reporting that the Board has found a foreman not to be a supervisor (Pacific Beach Corp., 344 NLRB No. 140, 177 LRRM 1289 (July 29, 2005)), which is, of course, the correct outcome. But how did the Board get it right? My theory is, since the Union wanted it to come out the other way (i.e. it was the Union's contention that the guy was a supervisor), the Board could not possibly agree.