NATIONAL LABOR RELATIONS BOARD

- VII. PRINCIPLES ESTABLISHED 143
The words "discharged for cause" have also been held not to apply
to persons whom an employer has discriminated against within the
meaning of section 8 (3) of the act, in the absence of a refusal by
such persons of an offer of reinstatement." Where at the time of
the election there is pending before the Board the question of whether
certain employees have been so discriminated against, such employees
have been allowed to cast ballots which have been segregated pending
the Board's decision with respect to the unfair labor practices.95
Employees who are temporarily absent for various reasons such
as illness, injury, and the like, on the eligibility date have been held
to be included among the eligible voters."
(C) 1.13B, PERIOD WITHIN WHICH THE ELECTION IS DIRECTED TO BE HEID
The direction of election names the person who, as agent of the
Board, shall conduct each election, and in cases of industrial plants
generally states that the election shall be held within a designated
period, thus leaving the exact day to be determined by the agent.97
The period stated in the direction of election usually varies from 10
to 30 days, depending on the circumstances of the case, an important
factor being the number of persons who are to vote.
The Board has often provided that an election be held at such time
as the Board would thereafter direct in cases where the employer has
been found to have engaged in unfair labor practices and the Board
has felt that the election should be delayed until there has been sufficient
compliance with the Board's order to dissipate the effects of the
unfair labor practices and to permit an election uninfluenced by the
employer's conduct." Similarly, where charges have been filed alleging
that the employer has engaged in lin fair labor practices, the Board
has frequently postponed the election indefinitely pending the investigation
and determination of the charges. 99 However, in some cases the
Board has been of the opinion that the election should be held as
ordered, where it has had an opportunity to complete its investigation
°4 Matter of WilUams Manufacturing Company, Portsmouth, Ohio and United Shoe
Workers of America, Portsmouth, Ohio, 6 N. L. R. B.'135.
05 Matter of Fleischer Studios, Inc. and Commercial Artists it Designers Union—American
Federation of Labor. 3 N. L. R. B. 207; Matter of Carrollton Metal Products Company
and Amalgamated Association of Iron. Steel, & Tin Workers of North Amerioa, Local No.
1571, 4 N. L. R. B. 142; Matter of Clyde-Mallory Lines and Commercial Telegraphers Union,
Marine Division—A,. F. of L., 5 N. L. R. B. 503.
'6 Matter of Huth it James Shoe Mfg. Company and United Shoe Workers of America,
3 N. L. R. B. 220; Matter of Great Lakes Engineering Works and Detroit Metal Trades
Council, 3 N. L. R. B. 825; Matter of R. C. Mahon Company and Local 1279, Steel Workers
Organizing Committee, 5 N. L. R. 13. 257; Matter of Armco Finishing Corporation, Inc.
and Textile Workers Organizing Committee. 7 N. L. R. B. 370.
97 However. see Matter of The Globe Machine and Stamping Co. and Metal Polishers
Union, Local No. 3; International Association of Machinists, District No. 54; Federal Labor
Union 18788; and United Automobile Workers of America, 3 N. L. R. B. 294, in which, after
a postponement. the holding of the election was directed for a specific day.
98 Matter of Lenox Shoe Company, Inc. and United Shoe Workers of America, affiliated
with the Committee for Industrial Organization, 4 N. L. R. B. 372; Matter of Semet-Solvay
Company and Detroit Coke Oven Employees Association and International Union, United
Automobile Workers of America, Local 174, 7 N. L. R. B. 511; Matter of M. Lowenstein it
Sons, Inc. 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; Matter of Industrial
Rayon Corporation, a Delaware Corporation, and Textile Workers Organizing Committee,
7 N. L. R. B. 877.
93 Matter of United States Coal it Coke Company and Union of Lynch Employees and
United Mine Workers of America. 3 N. L. R. B. 398; Matter of Pacific Lumber Inspection
Bureau, Inc. and Northwest Lumber Inspectors" Union, Local No. 20871, 7 N. L. R. B. 529.
See also Matter of Paragon Rubber Co.-American Character Doll Company and Toy it Novelty
Workers Organizing Committee of the C. I. O., 7 N. L. R. B. 965, in which no formal charges
were filed, but a request for postponement alleged that the effects of intimidation and
coercion exercised by the companies in a prior election which the Board had declared to be
null and void would not disappear for at least a period of 3 weeks.