V. PRINCIPLES ESTABLISHED 57seek to represent the same employees." The Board will proceed withits determination of representatives, however, where the employeesin dispute are also claimed by a labor organization unaffiliated withthe same parent body. Thus, in Matter of Long-Bell Limber Company,"the Board stated :It Is to be noted that the I. A. M. and the Sawmill Union, both of whichare chartered by international unions affiliated with and subject to discipline bythe same parent body, are both herein seeking to represent the employees in themachine shop. We have consistently dismissed proceedings wherein two unionssubject to discipline by the same parent body have disagreed over the extentof their jurisdiction. However, since the I. W. A., which is not a party to thejurisdictional dispute, is seeking to represent employees of the Company in aunit which includes the machine shop, we must determine the question concerningrepresentation raised in this proceeding, irrespective of the incidental or collateraldispute over jurisdiction between the I. A M. and the Sawmill Union.2. THE DIRECTION OF ELECTION(A) DATE OF ELECTIONIn the past, the Board usually scheduled an election to be heldwithin 15 days of its direction. To avoid the necessity of applyingto the Board for additional time when an election cannot be conductedwithin the specified period, the Board now provides that the election"shall be conducted as early as possible, but not later than 30 days"from the date of the Direction of Election. But where the company'semployment was seasonal, the Board postponed the election until 60days after the company had resumed work.5°As stated in the last annual report, the Board will delay the conductof an election, where unfair labor practices have been committed,until the effects of the unfair labor practices have been dissipated.51The Board now specifically provides in its Direction of Election thatit will await advice from the Regional Director as to the appropriatetime to conduct the election. The Board will proceed at once, however,if all the parties agree to an immediate election. 52 Where nounfair labor practices have been committed and no other reason fordelay appears, the Board will not, despite the request of a union,postpone the conduct of an election."(B) ELIGIBILITY TO VOTEAs a general rule, the Board determines eligibility to vote on thebasis of the pay roll immediately preceding the Direction of Election."In the absence of evidence establishing the propriety of someother date, the Board has adopted a current pay-roll date even where'a See Third Annual Report, pp. 132-133. Matter of Weyerhaeuser Timber Company andinternational Woodworkers of America, Local No. 107, Boommen and Rafters, et al., 16N. L. R. B. 902.Matter of Long-Bell Lumber Company and International Association of Machinists,Local No. 1350, affiliated with the American Federation of <strong>Labor</strong> et al., 16 N. L R. B. 892.Matter of Willys Overland Motors, Inc. and The Pattern Makers League of NorthAmerica. 15 N. L R B. 864.Faurth Annual Report, D. 77.Matter of Western Union Telegraph Company and American Communications AssociationLocal 54—B, affiliated with the Congress of Industrial Organizations, 23 N. L. R. B., No. 87.Matter of Rock River Woolen Mills and Textile Workers Union of America, affiliatedwith the Congress of Industrial Organizations, 18 N. L. R. B., No. 96.M Matter of Alabama Mills, Inc. and Textile Workers Organizing Committee, 14N. L. R. B. 257.
58 FIFTH ANNUAL REPORT OF <strong>NATIONAL</strong> <strong>LAB</strong>OR <strong>RELATIONS</strong> <strong>BOARD</strong>the parties have stipulated to an earlier pay-roll period. 55 TheBoard also provides in its Direction of Election that all employeeswho did not work during the current pay-roll period because theywere ill or on vacation or temporarily laid off, should be entitled tovote." However, the Board will not include laid-off employees whenthere is little likel ihood that they will return to work. Thus, inMatter of Rock River Woolen Mills," 65 to 75 employees were displacedupon the introduction of automatic looms in the weavingdepartment. Although nine of these employees were on the company'sseniority list and would have been recalled if work becameavailable, the Board found their chances of reemployment "quiteremote" and excluded them from the election. But where a companywas "conscientiously" seeking to rehire employees who hadbeen laid off as a result of the neutrality laws, passed shortly afterthe outbreak of the war, the Board included them in its Direction ofElection." So, also, where seven employees were assigned as watchmenfor another company, which had assumed part of the premisesof the company involved in the representation proceeding, for thepurposes of securing a loan, the Board included these employees asthey were expected to return to the company's pay roll upon thetermination of the security arrangement.59The Board has adhered to the rule, announced in Matter of A.Sartorius & Co., inc.,69 that persons hired during a strike to replacestriking employees should be excluded from an appropriate bargainingunit desired by the striking, petitioning union and should not bepermitted to participate in the selection of bargaining representativesfor employees in that unit!". The strikers remain employeeswithin the meaning of the act, however, only so long as their workhas ceased as a result of a current labor dispute. 62 Thus, in Matterof Standard Lime & Stone Co." the Board ruled that strikers were55 Matter of Federal Screw Works and Local 174, United Automobile Workers of America,21 N. L. R. B.. No. 15.See Fourth Annual Report, p. 77." Matter of Rock River Woolen Mills and Textile Workers Union of America, Affiliatedwith Congress of Industrial Organizations. 18 N . L. R. B.. No. 96.58 Matter of Standard Oil Company of New Jersey and E880 Tanker Men's Association,23 N. L. R. B., No. 91." Matt er of Walton Lumber Company, a Corporation and Everett District Council, LIMberand Sawmill Workers, on behalf of Local No. 2648, chartered by the United Brotherhoodof Carpenters and Joiners of America, Affiliated with the American Federation of <strong>Labor</strong>, 20N. L. B. B., No. 58; see also Matter of American Steel Scraper Company and Local 1408International Association of Machinists, A. F. of L. 21 N. L. R. B., No. 26 (where anemployee who had been laid off and secured another, but Inferior, position, expressedpreference for a job with the company, he was permitted to vote in the election) ; Matterof Great Lakes Steel Corporation and Brotherhood of Railroad Trainmen, et al. 15N. L. R. B. 510 (an employee temporarily transferred to another division but expected toreturn was permitted to vote with his former fellow employees.)w Matter of A. Sartorius & Co., Inc. and United Mine Workers of America, District 50.Local 12090, 10 N. L. R. B. 493.el Matter of Aronsson Printing Company and Detroit Printing Pressmen's and Assistants'Union No. 2 and Detroit Bindery Workers' Union No. 20 and Detroit Typographical UnionNo. 18, 13 N. L. R. B. 799; Matter of La Plant-Choate Manufacturing Co., Inc. and UnitedFarm Equipment Workers Organizing Committee, Local 116, affiliated with the C. I. 0.,13 N. L. R. B. 1228; Matter of American Newspapers, Inc., Illinois Publishing and PrintingCompany, Evening American Publishing Company and Chicago Newspaper Guild, Local 71of the American Newspaper Guild, et al., 22 N. L. R. B., No. 66; Matter of Easton PublishingCo. and Easton Typographical Union No. 255, affiliated with International TypographicalUnion, 19 N. L. R. B., No. 43. Board Member William M. Leiserson is of theopinion that if the strike was not occasioned by the commission of unfair labor practiees,both the strikers and the employees who replaced them should be entitled to vote in thesame election.e2 Section 2 (3) of the act provides that :'The term 'employee' * • • shall include any individual whose work has ceasedas a consequence of, or in connection with, any current labor dispute • * •."." Matter of Standard Lime ct Stone Co. and Local #175, Quarry Workers Union, 17N. L. R. B. 147.