The Cambria Clay Products Co.

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.