NATIONAL LABOR RELATIONS BOARD

58 SIXTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD
. proceeding, the Board directed that the date as of which the contract
was renewed be used to determine e1igibility. 89 And in Matter of
General Dry Batteries, 90 where the Board was of the opinion that
an exclusive recognition contract, secured by one of the competing
unions after the filing of the petition, might unfairly influence new
employees in favor of the contracting union, the Board directed that
the pay-roll date immediately preceding the execution of the contract
be used to determine eligibility.
In addition to providing that employees may vote although not on
the designated pay roll if they were ill or on vacation or temporarily
laid off, the Board now provides that persons who have been called
into military service shall also be eligible to vote." In Matter of
International Harvester Company 92 the Board held that persons hired
temporarily to replace those inducted into military service were likewise
eligible to vote, since they had at least a 1-year tenure of
employment.
As stated in the Fifth Annual Report, employees temporarily laid
off are eligible to vote if there is reasonable expectation of their reemployment."
In Matter of Home Manufacturing Company"
although thecompany kept a list of competent persons laid off each
season with intent to secure their services at the beginning of the following
season, few such employees were in fact available from year to
year for reemployment. Accordingly, the Board found that there
was not sufficient expectation of employment to entitle such persons
to vote.
The Board has generally permitted employees hired for a probationary
period to vote." Where, however, _employees do not have a
substantial interest in the terms and conditions of employment, they
are not permitted to participate in the election. Thus, in Matter of
American. Smelting and Refiming Company," the Board held that
students engaged in part-time work in connection with a work-study
program did not have such substantial interest and should not be
permitted to vote."
Since the Board will not determine in a proceeding under section
9 (c) whether or not employees have been discriminatorily discharged
and are thus eligible to reinstatement, employees' discharged prior to
9° Matter of Ansley Radio Corp. and United Electrical Radio and Machine Workers,
etc., 28 N. L. R. B. No. 121; Matter of Radio Wire Television, Inc. and United Electrical,
Radio and Machine Workers, etc., 30 N. L. R. B., No. 131.
w Matter of General Dry Batteries, Inc. and Battery Workers' Federal Labor Union, etc.,
29 N. L. R. B., No. 145.
91 This was first adopted as a general practice in Matter of Kesterson Lumber Corp.
and International Woodworkers of America, etc., 30 N. L. R. B., No. 14, although it had
' previously been done at the request of one of the unions involved, in Matter of Cudahy
Packing Co. and United Packinghouse Workers of America, etc., 29 N. L. R. B., No. 132;
Matter of A. S. Abell Co. and Sun Pressroom Employees Ass'n, etc., 27 N. L. R. B., No. 139;
Matter of American Enka Corp. and Textile Workers Union, etc., 28 N. L. R. B., No. 71.
99 Matter of International Harvester Co. and Federal Labor Union, etc., 32 N. L. R. B.,
No. 3.
P. 58.
e4 Matter of Home Mfg. Co. and International Ladies Garment Workers Union, etc.,
26 N. L. R. B., No. 96.
9° Matter of Nineteen Hundred Corp. and United Electrical, Radio and Machine Workers,
etc., 32 N. L. R. B., No. 73; see also Matter of Gulf Refining Go. and Federal Labor Union,
etc., 25 N. L. R. B., No. 83.
9° Matter of American Smelting & Refining Co. and Omaha Smeltermen's Union, etc.,
29 N. L. R. B., No. 69.
07 Cf. Matter of National Copper & Smelting Co. and National Ass'n of Casting Workers,
etc., 30 N. L. R. B., No. 139, where students working from 25 to 100 per cent of the
total number of hours worked by regular employees In any period, and covered under a
prior contract, were permitted to vote.