 A National Labor Relations Board ( NLRB ) hearing to confirm or invalidate the vote was scheduled for January 5 , 2005 but then postponed until February 16 , 2005 . On February 1 , 2005 the company and UFCW settled their dispute . UFCW withdrew its objections , and West Liberty Foods posted a notice that they would not close the plant or fire workers if employees unionized . This resulted in a final vote count of 303 to 308 against union representation . 
