TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

68 Twenty-sixth Annual Report of the National Labor Relations Board
In another case, the Board restated its finding in last year's Wilton
Wood 55 case that permanent replacements for economic strikers are
eligible voters if employed on the eligibility and election dates 56
However, in a case where the strike occurred after the dii ection of the
election and the established eligibility date, the Boar d viewed the
economic strike amendment to section 9(c) (3) 57 as requiting that
replacements be permitted to vote nrespective of the eligibility period
established for other employees, and accordingly held that "permanent
replacements for sti Ike]. s, Mho in no event may exceed the number
of strikers, are eligible to vote if employed on the date of the
election " 88
(2) Irregular and Intermittent Employees
As heretofore, voting eligibility in industries where employment is
intermittent or irregular has been adjusted by the use of formulas
designed to enfranchise all employees with a substantial continuing
interest in their employment conditions and to insure a representative
vote To this end, voting eligibility was extended to laborers of a
crating and packing firm who worked 50 hours or more at any time
during the preceding year, provided the employees' names appeared
on at least one daily payroll during the current year preceding the
issuance of the direction of election 59 And stevedores were held eligible
to vote if their names appeared on eight or more payiolls during
the 8-month period immediately preceding the date of the direction
of election a'
(3) Dual Function Employees
With respect to„qmployees who perform dual functions for an employer,
a Board majority announced a new test applicable to then
voting eligibility as well as to unit placement Under this test, only
employees engaged more than 50 percent of their time in tasks or
duties similar to those performed by the employees in the requested
unit will be eligible to vote in an election conducted in such unit 61
(4) Stipulations and Eligibility Lists
In the interest of expeditious handling of representation cases in
general, the Board will honor the stipulations of the parties which
are not inconsistent with the act or with Board policy In one case
86 W Wilton Wood, Inc, above
58 II C M Knitting Mals, lac, above
DT Sec 702, Labor-Management Reporting and Maclean's Act of 1959, Title VII-
Amendment9 to the Labor Management Relations Act, 1047, as amended
is Tampa Sand d Matemi Co • 129 NLRB 1273
Tol-Pac, Inc. 128 NLRB 1430
so Hamtiton Bros , Inc, 130 NLRB 233
a Denver Colorado Springs-Pueblo Motor Way, 129 NLRB 1184, Member Fanning dis
senting With respect to unit placement see above, p 60