The Ocala Star Banner

384 DECISIONS OF NATIONAL LABOR RELATIONS BOARD same type of functions and have the same hours of work and super- vision as the permanent employees. They also are paid wages com- parable to those received by some of the permanent employees and, like the permanent employees, are given a Christmas bonus each year.' The record further shows that most of the temporary employees currently employed on a date approximately 2 months before the hearing had worked for the Employer intermittently during the last 4 years; 4 that, within this period, they were employed for periods up to 22 months and had been recalled for work as many as 10 times; and that the current employment of many of these temporary em- ployees had extended for 8 months or more. Moreover, the Employer's general administrator testified that an attempt is made first to recall employees who have previously worked for the Employer and that, when vacancies occur or new jobs are created in the permanent classifi- cation, preference in filling these jobs is given to the temporary employees. Under all the circumstances, we find that the temporary employees have a substantial interest in the employment conditions at the Employer's plant and are, therefore, eligible to vote.5 [Text of Direction of Election omitted from publication in this volume.] 3 The permanent employees receive a bonus guaranteed by contract while the tem- porary employees receive an amount decided by special action of the Employer 's board of directors. 4 Some temporary employees had worked for the Employer intermittently for over 12 years c The Welch Grape Juice Company, 96 NLRB 214 . Cf. Taunton Pearl Wosks , 89 NLRB 1382 THE OCALA STAR BANNER and INTERNATIONAL PRINTING PRESSMEN & ASSISTANTS' UNION OF NORTH AMERICA, A. F. of L., PETITIONER. Case No.10RC 1365. December 10, 1951 Order Directing Regional Director to Open and Count Challenged Ballot Pursuant to a Decision and Direction of Election 1 of the Board, an election by secret ballot was conducted on August 17, 1951, under the direction of the Regional Director for the Region in which this case was heard, among the employees of the Employer in the unit found to be appropriate. At the close of the election, the parties were furnished a tally of ballots. The tally showed that there were three ballots cast, of which one was for the Petitioner and two were chal- lenged by the Employer. As the challenged ballots were sufficient to 195 NLRB 569. 97 NLRB No. 57. TAE OCALA STAR BANNER 385 affect the result of the election, the Regional Director conducted an investigation and, thereafter, on September 21, 1951, issued and served upon the parties his report on challenged ballots, recommending that the challenge to one ballot be sustained and the challenge to the other ballot be overruled. The Employer duly filed exceptions to this report. Donald Lee The ballot of this employee was challenged on the ground that he was a supervisor. The Regional Director recommended that the challenge be sustained on that basis. The Petitioner excepted to this, recommendation but later withdrew its exception. As there are therefore no exceptions to this recommendation of the Regional Di- rector, it will be adopted and the Employer's challenge to the ballot of Donald Lee will be sustained. Elven Grubbs The ballot of this employee was challenged on the basis that he works less than 50 percent of his time in the appropriate unit, spend- ing the greater part of his working time in other departments of the Employer. After conducting an investigation, the Regional Director concluded that Grubbs was an eligible voter and recommended to the Board that the challenge to his ballot be overruled. The Employer duly filed exceptions to this finding and recommendation. - Grubbs works about 60 hours per week for the Employer, 25 hours in the pressroom, i. e., within the appropriate unit, and about 35 hours as bookkeeper, advertising clerk, and messenger, all jobs outside the unit. When working in the pressroom, Grubbs does work similar in nature to that performed by the other pressroom employee. In dealing with the voting rights of employees who work part of the time in the appropriate unit and part of the time do other work for the employer, the Board in many cases has applied a rule ex- tending the franchise only to those who spend 50 percent or more of their time in the unit 2 On the other hand, in deciding the eligibility of part-time employees who, when they are not working in the unit, may be working for another employer or may be merely remaining idle, the Board generally has allowed such employees to vote even though they spend less than 50 percent of their time at work included in the unit, provided only that they are regularly employed for suffi- cient periods of time to demonstrate that they have a substantial in- terest in the wages, hours, and working conditions of the employees ' Coca-Cola Bottling Company of St. Louis, 94 NLRB 208 ; Florida Broadcasting Co. (WBMR-AM, WBMR-FM, WBMR-TV), 93 NLRB 1568; Dispatch Printing Comuany, In- corporated, Ohio State Journal Division , 93 NLRB 1282 ; WCAU, Inc., 93 NLRB 1003; Port Arthur College, 92 NLRB 152; WWEZ Radio, Inc., 91 NLRB 1518; and cases cited therein. 386 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in the appropriate unit.3 Upon reconsideration of these different eligibility rules, the Board is persuaded that the latter rule should be applied not only to regular part-time employees but also to employees performing more than one function for the same employer. In view of the fact that Grubbs works a substantial number of hours regularly each week in the appropriate- unit, doing the same work as the other pressroom employee, we find that he has sufficient interest in the terms and conditions of employment within the unit to entitle him to take part in the determination of a collective bargain- ing representative 4 Accordingly, we find that Grubbs is an eligible voter and we shall overrule the challenge to this ballot and order it to be opened and counted. IT IS HEREBY ORDERED that the challenge to the ballot of Donald Lee be, and it hereby is, sustained and that the challenge to the ballot of Elven Grubbs be, and it hereby is, overruled; and IT IS HEREBY DIRECTED that as part of the investigation to ascertain representatives for the purposes of collective bargaining with the Ocala Star Banner, at its Ocala, Florida, establishment, among the employees in the unit set forth in the paragraph numbered 4 of the Decision and Direction of Election issued by the Board on July 25, 1951, the Regional Director for the Region in which this case was heard shall, pursuant to National Labor Relations Board Rules and Regu- lations, within ten (10) days from the date of this Direction, open and count the ballot of Elven Grubbs, and thereafter prepare and cause to be served upon the parties a revised tally of ballots, including therein the count of said challenged ballot. MEMBER MuRDOCK took no part in the consideration of the above Order Directing Regional Director to Open and Count Challenged Ballot. 8 Van Raalte Company, Inc., 95 NLRB No. 135 ; Charlotte Barth Howell and Van Schaack & -Company, et at., 95 NLRB 1028; Industrial Truck and Trailer Service Company, 95 NLRB 354; Howard Johnson, 94 NLRB 1161 ; Etienang News Publishing Company, 93 NLRB 1355 ; and cases cited therein. 4 To the extent that the cases cited in footnote 2 are inconsistent with this finding, those cases are overruled LOCAL 57, INTERNATIONAL UNION OF OPERATING ENGINEERS AND ITS BUSINESS AGENT, JOHN WHITE and JOHN LAMANTIA and M. A. GAMMINO CONSTRUCTION CO., PARTY TO THE CONTRACT. Case No. 1-CB-1?8. December 11, 1951 Decision and Order On April 10, 1951, Trial Examiner Alba Martin issued his Inter- mediate Report in the above-entitled proceedings, finding that the 97 NLRB No. 52.