1943 - National Labor Relations Board

50 Eighth Annual Report of the National Labor Relations Boardproceeded to direct an election where the labor organization that hadfiled the charges secured a court order preventing the employer fromcomplying with the Board's order in the complaint proceedingThe Board almost invariably 'determines eligibility to vote by providingthat employees on the pay TO11 immediately preceding the Directionof Election are eligible to participate. In special circumstances,however, such as where the plant is temporarily closed becauseof a strike or for some other reason, the Board adopts an eligibility datethat will more accurately reflect a free choice of representatives by themaximum number of employees. Those employees who were notactually working during the eligibility period because they were ill, on•vacation, or temporarily laid off, are permitted to vote. The Boardhas continued the practice, adopted shortly after the entry of theUnited States into the war, of permitting employees in the armedforces of the United States to vote provided they present themselvesin person at the polls. The administrative difficulties and attendantdelays arising from mail balloting for service men required the Boardto cease mail voting for such employees. In the normal case employeeswho have quit or have been discharged for cause after theDirection of Election are not eligible to vote, unless they are rehired orreinstated prior to the date of the election. However, where chargeshave been filed alleging that the discharges were in violation of theAct the Board permits such employees to vote but provides that theirballots shall be impounded and not tabulated unless they would affectthe results of the election. In the latter event, the determination ofthe eligibility of such employees must await eresolution of the unfairlabor practice charges. Strikers are eligible to vote when the labordispute is still current, irrespective of whether the strike was caused•by unfair labor practices. Workers hired to replace strikers are employeeswithin the meaning of the Act and consequently are as a generalrule entitled to vote. However, in the Kellburn ManufacturingCompany case " the Board held that replacement employees hired aftera refusal of the strikers' unconditional application for reinstatementmade when jobs were available, were not entitled to vote, whereasreplacement workers hired prior to such refusal were entitled to participate.The Board has held that employees employed on half-timebasis or on what is known as the "victory shift" are eligible to voteeven though they may be employed full time elsewhere." Theseworkers, as well as other employees who regularly devote a substantialportion of their time to working for the employer, have a vitalinterest in the determination of a collective bargaining representative.Ordinarily the Board includes on the ballot all bona fide labor organizationshaving an interest in the proceeding. However, in order to beaccorded a place on the ballot a nonpetitioning organization musthave made , some showing of representation, although the showing ofsuch an organization need not be as substantial as that required of the46 N. L. B. B. 322.si Matter of New Bata?' Machine Company, 48 N. L. R. B. 263.