1 - National Labor Relations Board

66 Thirty-fourth Annual Report of the National Labor Relations Board
Lithographers, the Board held that a stipulation thatAln composing
employees were included in the unit was not determinative,
and concluded that the unit could be modified by a ruling sustaining
a challenge to the ballot of an employee because he had
a special status resulting from his financial interest in the firm
which made his employment interest closely allied to management.
The Board pointed out that the stipulation only defined the
composition of the unit in general terms and contained no express
agreement that eligibility was to be limited, and there was no
evidence the parties intended to be bound by their stipulation.73
3. Name and Address Lists of Eligible Voters
The Board's election requirement established by the Excelsior
Underwear decision, 74 under which a list of names and addresses
of all eligible voters must be made available to all parties to
an election in order to facilitate campaign communications and
thereby assure an informed electorate, was the subject of further
construction in the course of this fiscal year in a number of cases
in which the alleged failure to comply with the requirements of
the rule was asserted as a basis for setting aside the election. In
Telonic Instruments, 75 the Board overruled the union's objection
to the election based upon the employer's omission of four names
from the Excelsior list requirement and found substantial compliance
with the requirement. The Board emphasized that "there
is 'nothing in Excelsior which would require the rule stated herein
to be mechanically applied.'" The omissions were limited to 4
of about 111 eligibles and, upon discovery of the mistake, the
employer took the first opportunity available to inform the region
and the union that the list was not complete. Similarly, in Singer
Co., 76 the Board found substantial compliance, notwithstanding
that 30 additional names out of a unit of 1,100 were submitted 2
days before the election. Of these, 3 were inadvertently left off
the original list and the status of the other 27 as members of the
unit was doubtful. In addition, the employer's omission of the
full first names and zip codes of all the employees from the original
list was not viewed by the Board as preventing in this
instance the "expeditious communication" the rule requires.
72 174 NLRB No 177
" Members Brown and Jenkins for the majority. Member Zagoria, dissenting, would overrule
the challenge to the ballot, since in his view the parties intended the stipulation agreement
to be controlling.
'l56 NLRB 1236 (1966) .
7, 173 NLRB No. 87.
" 175 NLRB No. 28.