The Cambria Clay Products Co.

National Labor Relations Board - Board Decisions

Feb 2, 1943

47 N.L.R.B. 284 (N.L.R.B. 1943)

In the Matter of THE CAMBRIA CLAY PRODUCTS COMPANY and UNITED,
BRICK & CLAY WORKERS OF AMERICA, A. F. or L.
Case No. R-4482.
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
February 2, 1943 1
On December 5, 1942, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding.' Pursuant to the Direction- of Election,
an election by secret ballot was conducted on December 29, 1942, under
the direction and supervision of the Regional Director for thee Ninth
Region (Cincinnati, Ohio). On December 31, 1942, the Regional Di-
rector, acting pursuant to Article III, Section 10, of the National
Labor Relations Board Rules and Regulations-Series 2, as amended,
issued and duly served upon the parties an Election Report. As to the
balloting and its results, the Regional Director reported as follows:
Approximate number of eligible voters----------------------- 141
Total ballots cast------------------------------------------- 120
Total ballots cballenged------------------------------------- 0
Total void ballots------------------------------------------- 0
Total blank ballots----------------------------------------- 1
Total valid votes counted----------------------------------- 119
Votes cast for United Brick & Clay, Workers of America,
A F. of L------------- --------------------------------- 62
Votes cast against United Brick & Clay Workers of America,
A. F of L------------------------------------------------ 57
On January 4, 1943, the Company filed Objections to Conduct of
the Ballot and the Election Report on the ground that on the day of the
election there was an unusual amount of rain and some of the roads and
public highways upon which employees would be forced to travel to
reach the•voting place were as a result impassable, and that many of
the,employees were therefore deprived of their right to vote. It
requested therein that the election be set aside and that another elec-
1 45 N L R B. 1069
47 N L. R. B., No. 29.
284
THE CAMBRIA CLAY PRODUCTS COMPANY 285
tion be held . On January 22, 1943, the Regional Director issued ^ a
Report on Objections in which he found the Company's contentions
to be without merit. The results of the election indicate that a substari-
tialwmajority and a representative number of those employees eligible
to vote voted in said election . The Board has considered the Regional
Director 's Election - Report, the Company's Objections to the Conduct
,of- the Ballot and the Election Report, and the Regional 'Director's
Report on Objections ,, and finds the Company's Objections to be with-
out merit. They are accordingly overruled and the request for another
election is hereby denied.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,'
and pursuant to Article III, Sections 9 and 10, of National Labor
Relations Board Rules and Regulations-Series 2,'as amended,
IT IS HEREBY CERTIFIED that, United Brick & Clay . Workers of
America, A. F. of L., has been designated and selected by a majority
of all production and maintenance employees of the Blackfork, Ohio,
glaze and silica plants of The Cambria Clay Products Company, Oak
Hill, Ohio, including Frank Davis and Clair Burns, but excluding
clerical and supervisory employees, and the employees in the clay mine
and the gravel pit, as their representative for the purposes of collective
bargaining and that, pursuant to'the provisions of Section 9 (a) of the
National Labor Relations Act, United Brick & Clay Workers of
America, A . F. of L ., is the exclusive representative of all such em-
ployees for the purposes of collective bargaining in respect'to rates
,of pay, wages , hours of employment , and other ' conditions of
employment. .
MR. GERARD D. REILL,Y took no part in the consideration of the
above Supplemental Decision and Certification of Representatives.