I have a table as below
Rate Effective_Date ---- -------------- 5.6 02/02/2009 5.8 05/01/2009 5.4 06/01/2009 5.8 12/01/2009 6.0 03/15/2009
The Order By in a select statement that is part of a union is ignored. Hence your TOP 1 is selecting some arbitary record (likely the first record by the clustered key for the table).