NATIONAL LABOR RELATIONS BOARD

140 THIRD ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD
where it finds on the basis of the facts presented that some other
standard of eligibility is more suitable."
In many cases the Board's directions of elections have provided that
those persons employed during the pay-roll period immediately preceding
the date of the direction shall be eligible to vote. 73 In still
other cases the Board has provided that eligibility to vote shall be
based upon the pay-roll period immediately preceding the date of the
filing of the petition74 or the pay-roll period preceding die date of
the hearing. 75 As indicated above, the variance in the eligibility
dates has resulted from the different factual situations presented.
In a number of cases involving the existence of a strike, the Board's
direction of elections have provided that those employees on the pay
roll on the last working day 76 or during the pay-roll period 77 preceding
the strike shall be eligible to vote. Similarly, in cases in which
the employer has closed down its plant, the Board has frequently
based eligibility to vote in the election on the pay roll next preceding
the date of closing."
The question of the eligibility date is also important in connection
with laid-oft employees. In determining the status of employees that
have been laid off, the Board has followed the rule of allowing them
to participate in the election where they have reason to anticipate returning
to work when the operations of the employer are increased."
Accordingly, in Matter of Robbins & !dyers, Incorporated, 80 the
Board selected an eligibility date which was a month earlier than the
filing of the petition because after the date chosen a substantial number
of employees were laid off, under circumstances, however, where
" Matter of Waggoner Refining Company, Inc., and W. T. Waggoner Estate and International
Association of Oil Field, Gas Well and Refinery Workers of America, 6 N. L. R. B.
731.
73 Matter of Swift & Company and United Automobile Workers of America, Local No.
265, 7 N. L. R. B. 287; Matter of United Carbon Company, Inc. and Oil 1Vorker8 International
Union, Local 236, 7 N. L. R. B. 598; Matter of Semet-Solvay Company and
Detroit Coke Oven Employees Association and International Union, United Automobile
Workers of America, Local 174, 7 N. L. It. B. 511.
74 Matter of Zellerbach Paper Company and International Longshoremen and Warehousemen's
Union, Local 1—M 4 N. L. It. B. 348; Matter of American, Hardware Corporation and
United Electrical and Radio Workers of America, 4 N. L. R. B. 412; Matter of Richardson
Company and Local Union No. 442, U. A. W. A., 4 N. L. R. B. 835; Matter of A. Zerega's
Sons, Inc. and Committee for Industrial Organization on behalf of The Employees of A.
Zerega's Sons, mo., 5 N. L. R. B. 496; Matter of 'Simplex Wire and Cable Company and
Wire ct Cable Workers Federal Local Union 51020, affiliated with the A. F. of L., 6 N. L. R. B.
251; Matter of National Candy Company, Inc., Veribrite Factory and Local 351 Candy Workers,
affiliated with Bakery and Confectionery Workers International Union of America
(A. F. of L. AIM.), 7 N. L. a. B. 1207.
" Matter of Lids Brothers, Incorporated and United Wholesale Employees, (Local No.
65), 5 N. L. R. B. 757; Matter of Pressed Steel Car Company, Inc. and Steel Workers
Organizing Committee, 7 N. L. R. B. 1099.
Matter of Charles Cushman Shoe Company et al. and United Shoe Workers of America,
2 N. L. R. B. 1015; Matter of Federal Knitting Mills Company and Bomberger Reinthal
Company and International Ladies' Garment Workers Union, 3 N. L. R. B. 257; Matter of
North Star Specialty Co. and International Association of Machinists, Local 882, 5 N. L.
R. B. 763; Matter of Carrollton Metal Products Company and Amalgamated Association of
Iron, Steel, & Tin Workers of North America, Local No. 1571, 6 N. L. R. B. 569.
71 otter of Solomon Manufacturing Company and Independent Cotton Workers' Union,
3 N. L. R. B. 926; Matter of Friedman Blau Farber Company and International Ladies'
Garment Walters' Union, Local No. 295, 4 N. L. R. B. 151; Matter of Lenox Shoe Company,
/no. and United Shoe Workers of America, affiliated with the Committee for Industrial
Organization, 4 N. L. R. 11. 372.
" Matter of Goodyear Tire and Rubber Company of California and United Rubber Workers
of America, Local 131, 3 N. L. It. B. 431; Matter of Seiss Manufacturing Company and
Committee for Industrial Organization, 7 N. L. R. B. 481.
71' See Matter of City Auto Stamping Company and International Union, United
Automobile Workers of America, Local No. 12, 3 N. L. It. B. 30 6 ;tter of National
Electric Products Corporation and United Electrical and Radio Workers of America,
Local No. 609, 3 N. L. R. B. 475; Matter of Danahy Packing Company, Klinck Packing
Company, Inc., Jacob Dold Packing Company and United Butchers, Meat Cutters and
Packers Local 105, 3 N. L. It. B. 354.
8 Matter of Robbins & Myers, Incorporated and Joint American Federation Committee
for the Robbins & Myers Co. Plant, 7 N. L. R. -B. 1119.