C. W. Post Center of Long Island University

408 DECISIONS OF NATIONAL LABOR RELATIONS BOARD C. W. Post Center of Long Island University and United Federation of College Teachers, Local 1460, American Federation of Teachers, AFL-CIO, Petitioner. Case 29-RC-1488 November 22, 1972 SECOND SUPPLEMENTAL DECISION, ORDER AND DIRECTION BY CHAIRMAN MILLER AND MEMBERS FANNING, KENNEDY, AND PENELLO On August 2, 1972, Petitioner, by its attorneys, requested reconsideration of the Supplemental Deci- sion and Direction in the above-entitled proceeding 1 or, alternatively, that the Board order a new election establishing in advance clear standards of eligibility for adjunct faculty members. Petitioner requested that, upon reconsideration, the Board reverse itself on the question of the right of adjunct faculty members to vote "although they did not meet the tests established by the Board's Order and Direction, and Notice of Election." Petitioner further requested that pending reconsideration and determination of its request, the Board direct the Regional Director for Region 29 to withhold the opening and counting of the challenged ballots. On August 3, 1972, the Board2 stayed the counting of the challenged ballots, and on September 12, 1972, issued an Order to Show Cause, in which it ordered that the parties hereto show cause, in writing, on or before September 26, 1972, why the Board should not set aside the first election and direct a second election under the eligibility standard set forth in the Board's Supplemental Decision and Direction. In its response to the Order to Show Cause, the Petitioner again requested that the Board reconsider its Supplemental Decision and Direction and direct that the challenges to the ballots of those adjunct faculty members who were not teaching on the Employer's payroll on the eligibility date be sus- tained. In the alternative, Petitioner would agree to a rerun election if such election were held immediately. In its affidavit of opposition to the Order to Show Cause, counsel for the Employer submitted that the Supplemental Decision should be implemented in all respects by the counting of the challenged ballots or, alternatively, that the petition be dismissed in its entirety. The Board having duly considered the matter, IT IS HEREBY ORDERED that the Petitioner's motion for reconsideration be, and it hereby is, denied, and it is directed that the Regional Director for Region 29 shall, pursuant to the Supplemental Decision and Direction, open and count the ballots of the individuals named therein, prepare and cause to be served on the parties a revised tally of ballots including therein the count of such ballots, and issue the appropriate certification. MEMBER KENNEDY, dissenting: I adhere to the views set forth in my dissent to the Supplemental Decision and Direction in this pro- ceeding.3 I would count the ballots of those adjunct professors who were teaching at the time of the direction of election, and I would sustain the challenges to the ballots of all other adjunct professors. 1 198 NLRB No 79. 2 Member Kennedy dissenting; Member Jenkins not participating. 3 198 NLRB No. 79 200 NLRB No. 68