NATIONAL LABOR RELATIONS BOARD

142 THIRD ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD
ployed as additional help but who seldom returned to work from
season to season.88
"Where cases have also involved allegations that the employer has
engaged in unfair labor practices and the Board has so found, it has
frequently directed that the election be postponed until after the
effects of the unfair labor practices had been dissipated and, in view
of the uncertainty as to the election date, has directed that an election
be held among the persons employed during a pay-roll period to be
determined in the future. Matter of Utah Copper Company, and
Matter of M. Lowenstein & Sons, Inc.99
(B) GENERAL EXCEPTIONS GOVERNING ELIGIBILITY OF VOTERS
As a general rule, the Board has directed that its elections be held
among the employees who were employed on the date on which the
eligibility of voters is determined, except those who have since quit
or been discharged for cause."- In Matter of Marlin-Rockwell Corporation,02
where the exception was held not to apply to employees
who were laid off because of slack work, the Board stated :
* * * those employees who were laid off because of lack of work retained
their employee status and clearly had an interest in the election. They were
entitled to vote. The business of the Company is seasonal and is largely dependent
upon the automotive trade. In other lay-offs many of the 174 employees
above-mentioned have been included. They expect, and reasonably so, to be
reemployed upon an improvement in business conditions. The Company maintains
a list of all men laid off so that they may be called back as needed. The
usual policy of the Company is to reemploy those laid off as business conditions
warrant. The words "excluding those who have since quit or been discharged
for cause" used in the Direction of Election were not intended and should not
be construed to exclude employees who were severed from employment because
of slack work under such conditions as exist in the instant case."
88 See also Matter of American Sugar Refining Company and Committee for Industrial
Organization, 4 N. L. R. B. 897, in which the Board refused to adopt the date urged by the
rival labor organizations for the reason that the number of employees had been substantially
reduced since that time, and the employees selected for dismissal after the production peak
had passed were those who had been hired to perform the additional work created by
increased production, and seniority governed the order of dismissal. The Board based the
eligibility to vote upon the pay roll preceding the date of the hearing. For a similar
reason the Board rejected the eligibility date urged by one of the parties in Matter of
Simmons Company and Steel Workers Organizing Committee. 6 N. L. R. B. 208, because
subsequent to that time the company inaugurated a policy of working its employees overtime
during peak periods, of division of work at other times, and of avoiding the use of
casual employees. In Matter of The TeTas Company, West Tulsa Works, and Oil Workers'
International Union, Local No. 217, 4 N. L. 11: B. 182, the Board selected the pay-roll
period next Preceding the date of the direction of election, since shortly before that time
the company had ceased employing "schoolboys" and other workers employed temporarily
to replace permanent employees on vacation.
85 Matter of Utah Copper Company, a corporation, and Kennecott Copper Corporation, a
corporation, and International Union of Mine, Mill, and Smelter Workers, Local No. Sill,
7 N. L. R. B. 928.
90 Matter of M. Lowenstein & Sons. /no. and Bookkeepers'. Stenographers' and Accountants'
Union, Local No. 16, United Office and Professional Workers of America, C. I. 0.,
6 N. L. R. B. 216.
91 See, for example, Matter of Bishop & Company, Inc., and United Cracker, Bakery, and
Confectionery Workers, Local Industrial Union, No. 212, 4 N. L. R. B. 514 ; _Matter of
Strain Manufacturing Company and Textile Workers Organizing Committee, 5 N. L. R. B.
320: Matter of Arbuckle Bros. and Committee for Industrial Organization on behalf of
employees of Arbuckle Bros., 7 N. L. R. B.1247.
92 Matter of Marlin-Rockwell Corporation and Local No. 5,88, United Automobile Workers
of America, 7. N. L. R. B. 836.
See Matter of Paragon Rubber Co.-American Character Doll Company and Toy &
Novelty Workers Organizing Committee of the 0. I. 0., 6 N. L. R. B. 23, in which the Board
said : 'The companies seek to exclude from voting a number of persons laid off * * *
because of a seasonal slump in business, who have found employment elsewhere. The evidence
indicates, however, that the companies anticipate the reemployment of such persons
when business again picks up. We feel, therefore, that such persons should be considered
as retaining the status of employees who have been laid off but not discharged." See also
the cases referring to laid-oft employees discussed in connection with the date on which
eligibility of voters is determined.