Under Wage Order No. 5, a hospital may obtain an affirmative defense to a claim for overtime pay by securing a 2/3ds affirmative vote of the workers in the unit to an alternative work schedule so long as the employer first makes full disclosure of the effects that the alternative work schedule will have and fulfills various other procedural requirements.  This decision holds that if the employer does not make a completely compliant pre-vote disclosure of the schedule’s likely effects, the vote approving the schedule (and thus the affirmative defense) are rendered null and void only if there is a reasonable probability that disclosure of the missing information would tend to cause more employees to vote against the alternative work schedule.