Jerry Fairbanks, Inc.

288 DECISIONS OF NATIONAL LABOR RELATIONS BOARD campaigning before a Board election. When an employer chooses to deliver a preelection speech on union activities to his employees on company time and property, he destroys the laboratory atmosphere which the Board must maintain in its election proceedings if he denies the petitioning unions a similar forum if it has been requested 2 The Employer has done just that in this case. Accordingly, we shall adopt the Regional Director's findings that the Employer interfered with the employees' freedom of choice in the selection of a bargaining representative, and shall order that the elec- tion of September 4, 1952, be set aside. Further, we shall direct the Regional Director to conduct a new election at such time as he deems .appropriate. Order IT IS HEREBY ORDERED that the election of September 4, 1952, be, and it hereby is set aside. IT IS FURTHER ORDERED that this proceeding be remanded to the Regional Director for the Thirteenth Region for the purposes of con- ducting a new election at such time as he deems the circumstances permit a free choice of a bargaining representative. 2 See Metropolitan Auto Parts, Incorporated, 99 NLRB 401, and cases cited therein. JERRY FAIRBANKS , INC. and STUDIO CARPENTERS , LOCAL 946, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA , AFL, PETI- TIONER. Case No. 21-RC-1719. November 13, 1952 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Ben Grodsky, hearing officer. The hearing officer's rulings made at the hearing are free from pre- judicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Houston, Styles, and Peterson]. Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent certain em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 101 NLRB No. 58. JOHN MCCORMACK CO. 289 4. The following employees of the Employer constitute a unit ap- propriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All carpenters and set erectors at the Employer's Los Angeles motion picture studio, excluding all other employees, professional employees, guards, and supervisors 5. The Petitioner requests that the Board permit all employees in the appropriate unit who have worked for the Employer at any time during the 120-day period immediately preceding the date of this direction of election to vote in the election. The Employer takes no position. International Alliance of Theatrical Stage Employees of the United States and Canada, AFL, the Intervenor herein, urges a 90-day eligibility period. The Employer's payroll records disclose that out of 15 employees in the categories herein involved who were employed during the period from November 1950 through March 1951, only 3 employees worked at some time each month during this 5-month period. A majority of the employees, however, have worked for the Employer at some time during the last 4 months. In view of the relatively brief periods of employment afforded the employees in- volved herein, and their frequent interchange among other employees in the area, we shall depart from our usual eligibility rule. We shall direct that a 120-day eligibility period immediately preceding the date of this direction of election be used to determine which employees in the appropriate unit are eligible to vote in the election. Thus, em- ployees who would otherwise be eligible to vote will not be dis- franchised if, immediately prior to the election, they happen to be employed by another employer in the area.2 [Text of Direction of Election omitted from publication in this volume.] 1 The parties are in agreement with respect to the composition of the unit found appro- priate in an earlier proceeding. Association of Motion Picture Producers, Inc., et al., 88 NLRB 521. 2Norcal Packing Company, et al., 76 NLRB 254 ; The Independent Motion Picture Producers Association, 88 NLRB 1285; Jerry Fairbanks, Inc., 93 NLRB 898. T. B. MCCORMACK, AN INDIVIDUAL, D/B/A JOHN MCCORMACK CO., AND C. N. HILL and UNITED FRESH FRUIT & VEGETABLE WORKERS LOCAL INDUSTRIAL UNION No. 78, CIO, PETITIONER. Case No. 20-RC- 1922. November 13,1952 Decision and Order Upon a petition duly filed, a hearing was held on September 23, 1952, before M. C. Dempster, a hearing officer of the National Labor Rela- 101 NLRB No. 64.