The opinion of the court was delivered by: BRUCHHAUSEN
BRUCHHAUSEN, District Judge.
The plaintiff, by order to show cause, dated November 30, 1972, applies for a preliminary injunction, restraining the defendants and others from opening and counting ballots of certain persons, who voted in an election, conducted by the defendants, members of The National Labor Relations Board, on May 10 and 11, 1971. The election was held, pursuant to a petition of the plaintiff, whereby it sought to be certified by the said Board as the representative for the purposes of collective bargaining of all of the full and part time instructional staff of C.W. Post Center of Long Island University.
Members of the said Board, by Notice of Motion, dated December 7, 1972, move for dismissal of the complaint.
The Proceedings Leading Up to the Election Held on May 10 and 11, 1971.
On June 19, 1970, the plaintiff, hereinafter referred to as "the Union", pursuant to the National Labor Relations Act, filed a petition with the Regional Director of the National Labor Relations Board, seeking to be certified by the Board as the representative of certain employees for the purpose of collective bargaining. Hearings were held during the months of July and August 1970, attended by representatives of the Union and the employer, for the purpose of determining which categories of employees should be included in the bargaining unit. On December 9, 1970, the case was transferred to the said Board for decision. On April 20, 1971, the Board issued a "Decision and Direction of Election", wherein it determined generally that an appropriate unit for the purposes of collective bargaining, within the meaning of Section 9(b) of the National Labor Relations Act, should include full-time faculty members and part-time faculty members, described as "adjunct faculty".
The said "Direction of Election", in part, provided:
"An election by secret ballot shall be conducted among the employees in the unit found appropriate, as early as possible, but not later than 30 days from the date below * * *. Eligible to vote are those in the unit during the payroll period immediately preceding the date below, (April 20, 1971), including employees who did not work during that period because they were ill, on vacation, or temporarily laid off."
In or about April 1971, the Regional Director of the Board's 29th Division issued an official Notice of Election which, in part, set forth:
"INCLUDED: All professional employees employed at the Employer's C.W. Post Center, Brookville, Long Island, New York, including professors, associate professors, assistant professors, instructors, adjunct professors, adjunct associate professors, adjunct assistant professors, lecturers, professional librarians, guidance counselors, and research associates who appear on the Employer's payroll as of March 31, 1971."
The Results of the Election
208 against the ...