Olean Tile Co., Inc.

In the Matter of OLEAN TILE Co., Iwo. and OLEAPf INDUSTRIAL INDEPENDENT UNION OF TILE PLANT WORK iis, INC. Case No. R40541 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES July 16, 1941 On June 4, 1941, the National Labor Relations Board issued its Decision and Direction of Election in the above-entitled procereding.l Pursuant to the Direction of Election, an election by secret ballot was conducted on June 19, 1941, under the direction and supervision of the Regional Director for the Third Region (Buffalo, New York). On June 20, 1941, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regu- lations-Series 2, as amended, issued and duly served upon the parties his Election Report. As to the balloting and the results thereof, the Regional Director reported as follows : Total on eligibility list- ------------------------------- ----- 183 Total ballots cast --------------- --------------------------- 169 Total ballots challenged ------------------------------------- 4 Total blank ballots------------------------------------------- 0 Total void ballots------------------------------------------ 0 Total valid votes cast-------------------------------------- Votes cast for Olean Industrial Independent Union of Tile Plant 165 Workers, Inc---------------------------------------------- 114 Votes cast for United Brick and Clay Workers of America, Local 764, A. F. L----------------------------------------------- 47 Votes cast for neither -------------------------------- ------- 4 Objections to the conduct of the election and to the Election Report were filed by United Brick and Clay Workers of America, Local' 764, affiliated with the American Federation of Labor, herein called the United. On June 25, 1941, the Regional Director issued a Report on Objections, copies of which were served on all parties. 232 N. L. R. B. 288. 33 N. L. R. B., No. 90. 475 476 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Board has considered the objections filed by the United and the Regional ,Director's report thereon and finds that the objections raise no substantial or material issue with respect to the conduct of the election or the Election Report. The objections are hereby overruled. 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 Rela- tions Act, 49 Stat. 4.49, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that Olean Industrial Independent Union of Tile Plant Workers, Inc., has been designated and selected by a majority of all production and maintenance employees of Olean Tile Co., Inc., Olean, New York, excluding clerical employees, draftsmen, designers, gang leaders, foremen, and all other supervisory officials, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, Olean Industrial Independent Union of Tile Plant Workers, Inc., is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.