C. W. Post Center of Long Island University

National Labor Relations Board - Board Decisions

Nov 22, 1972

200 N.L.R.B. 408 (N.L.R.B. 1972)

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