TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Representation Cases 75
policy not to mquire into such matters in the guise of consideling
objections to an election In such cases, the election process may be
protected by the timely filing of charges with respect to the conduct
m question Thus, in one case, a Board majority held that m the
absence of unfair labor practice charges an alleged discriminatory
layoff had to be presumed not unlawfully motivated and could not be
considered a basis for settmg aside the election 91 On the other hand,
in another case, a Board majority declined to determme challenges to
the ballots of individuals alleged to be unfair labor practice dischargees
in a pending unfan labor pi actice proceeding until it had ruled on
their status in the unfair labor practice case 92
91 Texas Meat Packers, Inc, 180 NLRB 233, Member Fanning dissenting
Great Eastern Color Lithographic Col p • 131 NLRB No 138 Member Funning di,
sentmg