TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Representation Cases 67
elections in one-man units, for expedited elections uncle' sections 8(b)
(7) (C) and 9(c) 45 It pointed out that as the picketing union cannot,
under Board policy, be certified, because the unit involved is inappropriate,
no election can be held, and the petition cannot serve to block
furthei processing of 8(b) (7) charges 5°
8. Conduct of Representation Elections
Section (c) (1) provides that if a question of iepiesentation exists
the Boat d must resolve it through an election by secret ballot The
election details are left to the Board Such matters as voting eligibility,
timing of elections, and standards of election conduct are subject
to rules laid down in the Board's Rules and Regulations and in its
decisions
a Voting Eligibility
An employee's voting eligibility depends generally on his status on
the eligibility payroll date and on the date of the election To be
entitled to vote, an employee must have woiked. in the voting unit
cluiing the eligibility period and on the date of the election Howevei,
as specified in the Boat d's usual dnection of election, this does not
apply in the case of employees who are ill or on vacation or tempoi arily
laid off, or employees in the military service who appear in person at
the polls Other exceptions pertain to striker replacements and irregular
and intermittent employees discussed below.
Laid-off employees are permitted to vote only if they have a reasonable
expectancy of reemployment at the time of the election Retention
of seniority rights following layoff, with no expectancy of employment
in the near future, is insufficient to establish eligibility 51
(1) Economic Strikers and Replacements
Dining fiscal 1961, the Board adhered to the pi mciples it enunciated
in the preceding year with respect to the voting eligibility of economic
strikers and peimanent replacements for such strikers 52 Generally,
the status of an economic striker for voting purposes is forfeited where
the striker obtains permanent employment elsewhere before the election
53 In one case, the Board decided that "self-employment during
an economic strike, standing alone, does not establish that the strike'
has abandoned his job with the struck employer " 54
49 Al LC Deck's Stook House, Inc. 129 NLRB 1207
"roc discussion of 8(b) (7) unfair labor practices, see below. pp 148-151
.4 The 'Worley Go, 131 NLRB No 103
52 See Twenty-fifth Annual Report (1960), pp 46-47
53 See H d If Knitting Hills, Inc, 128 NLRB 881, citing W Wilton Wood, Inc , 121
NLRB 1675 (1960)
54 If d Ar Knitting Mills, luc above nowel,er a majority of the Bo tril found th
tinder the circumstances hete the self emplo yment of the economic striker constituted all
abandonment of his employment, Member Jenkins dissenting in this respect
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