For example, the right of an employer to recall workers in the order in which they apply for reinstatement has been upheld by The Sixth Circuit Court of Appeals has rejected this argument . The employer may not grant unusual incentives to the replacements as inducements to take the struck jobs. Superseniority for replacements is unlawful. If an election is conducted by the NLRB during or after a strike in which replacements are hired, the right of the strikers and replacements to vote is also affected by the classification of the strike. Temporary replacements do not have the right to vote in a Board election .
Permanent replacements have the right to vote .
Permanently replaced workers with future reinstatement rights have the right to vote for one year . If they have not been recalled within that one year, they lose the right to vote. Construction employees voting rights have been articulated in Daniel Construction Co . In addition to the Board s standard eligibility criteria stated above, construction employees can vote when they have been employed a total of thirty days in the preceding 12 months by the same employer, or if they fail the above test, they may qualify if they have worked a total of 45 days for the same employer within the past 24 months. Those who quit or are discharged for cause are ineligible.