NATIONAL LABOR RELATIONS BOARD

VII. PRINCIPLES ESTABLISHED 139
its agents, engaged in numerous acts of interference, restraint, and
coercion, as in Matter of United Carbon Company, Inc.; 64 or by a
consent election agreement which contained a provision prohibiting
formal electioneering on the day of the election and failed to establish
machinery for settling a protest based upon an alleged violation of
the provision, as in Matter of Minneapolis-Moline Power Implement
Company." •
Section 9 (c) empowers the Board to certify representatives with
or without an election. If a labor organization can present evidence
which the Board considers adequate proof that such organization represents
a majority of the employees it may be certified without the
necessity of an election." If no such evidence is presented or the
evidence presented is considered inadequate the Board will order an
election to be held.
3. DIRECTIONS OF ELECTION
(A) DATE ON WHICH ELIGIBILITY OF VOTERS IS DETERMINED
The Board has adopted no fixed rule relative to the date to be used
for the determination of the eligibility of employees to vote in an
election, but has considered the circumstances existing in each case.
Where the parties have agreed that eligibility be determined as of a
particular date, the Board has ordinarily directed that such date be
used.67 Similarly, the Board has in several cases where the parties
have so agreed, directed that persons whose names appear on either
of two specific pay rolls 68 or on a list appended to the direction of
election 69 shall be eligible to vote. Where the pay roll for a particular
date was submitted in evidence, the Board has in several cases directed
that eligibility to vote be determined on the basis of such pay
roll in the absence of any testimony indicating that another date
was more suitable for the purpose," or in the absence of recommendation
by any party as to the date to be used!' The Board has, however,
adopted an eligibility date differing from that agreed upon
. 64 11/atter of United Carbon Company, Inc. and Oil Workers International Union, Local
236, 7 N. L. R. B. 598.
86 Matter of Minneapolis-Moline Power Implement Company and internationa/ Association
of Machinists, Local No. 1037, 7 N. L. R. B. 840.
" What constitutes such adequate proof is considered in sec. F, below.
67 Matter of Armour d Co. (West Harlem Market, et al.) and The Committee for
Industrial Organization, 4 N. L. R. B. 951; Matter of Cudahy Brothers Packing Co., a
corporation and Packinghouse Workers Industrial Union, 4 N. L. R. B. 1171; Matter of
Valley Mould and Iron Corporation and Lodge 1029, Amalgamated Association of Iron,
Steel; and Tin Workers of North America, 5 N. L. R. B. 95; Matter of Beaumontt Manufacturing
Company and Textile Workers Organizing Committee, 5 N. L. R. B. 100;
Matter of New Idea, Inc. and The A. F. of L., 5 N. L. R. B. 381.
es See Matter of Ira S. Bushey d Sons, Inc., and Industrial Union of Marine cE Shipbuilding
Workers of America, Local No. 13, 4 N. L. R. B. 1181; Matter of Atlantic Basin
Iron Works and Industrial Union of Marine and Shipbuilding Workers of America,
Local No. 13, 5 N. L. R. B. 402; Matter of Stephen Ranson, inc. and Industrial Union
of Marine and Shipbuilding_Workers of America, Local No. 13, 5 N. L. R. B. 689.
69 Matter of Goldstein Hat Manufacturing Company and United Hatters, Cap and
Millinery Workers International Union, Local 57, 4 N. L. R. B. 125; Matter of Roma
Wine Company and International Longshoremen's d Warehousemen's Union, 7 N. L. R. B.
135.
70 Matter of Eagle Manufacturing Company and Steel Workers Organizing Committee,
6 N. L. R. B. 492; Matter of California Wool Scouring Company and Textile Workers
Organizing Committee, 5 N. L. R. B. 782.
71 Matter of Consolidated Aircraft Corporation and International Union, United Automobile
Workers of America, Local No. 506, C. I. 0., 7 N. L. R. B. 1061.
308817-38------10
2. CERTIFICATION WITHOUT AN ELECTION