Harbison-Walker Refractories Co.

National Labor Relations Board - Board Decisions

Feb 2, 1942

38 N.L.R.B. 903 (N.L.R.B. 1942)

In the Matter of HARBISON -WALKER REFRACTORIES COMPANY and
UNITED BRICK AND CLAY WORKERS OF AMERICA, LOCAL #702
Case No. R-3271
CERTIFICATION OF REPRESENTATIVES
February 2, 1942
On December 19, 1941, the National Labor Relations Board issued
its Decision and Direction of Election in the above-entitled pro-
ceeding.' Pursuant to the Direction of Election, an election by
secret ballot was conducted on January 13 and 14, 1942, under the
direction and supervision of the Regional Director for the Ninth
Region (Cincinnati, Ohio). On January 15, 1942, the Regional
Director, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, issued
an Election Report, copies of which were duly served upon the
parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list-------------------------------------- 342
Total ballots cast------------------------------------------- 320
Total ballots challenged ------------------------------------- 17
Total blank ballots----------------------------------------- 0
Total void ballots------------------------------------------- 1
Total valid votes counted ------------------------------------ 302
Votes cast for United Brick and Clay Workers of America,
Local #702----------------------------------------------- 222
Votes cast against United Brick and Clay Workers of America,
Local #702----------------------------------------------- 80
On January 19, 1942, Harbison-Walker Refractories Company,
herein called the Company, filed objections to the conduct of the bal-
lot and the Election Report on the grounds that 17 former employees
of the Company, who had been laid off over two years prior to the
election, and who, under the seniority rules of the Company, had
lost their seniority and were not its employees, had been allowed to
vote. On January 22, 1942, the Regional Director, acting pursuant
'37N L R B 785.
38 N. L. R. B., No. 161.
903
904 HARBISON-WALKER REFRACTORIES COMPANY
to Article III, Section 9, of National Labor Relations Rules and
Regulations-Series 2, as amended, issued a Report on the Company's
objections in which he stated that the objections did not raise sub-
stantial or material issues with respect to the conduct of the election
or the Election Report since the 17 ballots could have in no way affected
the result of the election. On the basis of the foregoing, ;the Regional
Director recommended that United Brick and Clay Workers of Amer-
ica, Local #702, should be certified, as the exclusive representative of
employees within the appropriate unit. The majority for United
Brick and Clay Workers of America, Local #702, is clear whatever
disposition of the 17 challenged ballots be made. Since the objec-
tions of the Company raise no substantial or material issue which can
affect the results of the election, we find it unnecessary to pass upon
them.
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 . 449, 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 United ' Brick and Clay Workers of
America, Local #702, affiliated with the American ' Federation of
Labor, has been designated and selected by a majority of all produc-
tion and maintenance employees of Harbison -Walker Refractories'
Company at its mine at Brinegar , Kentucky , and its brick works at
Olive Hill, Kentucky , and all construction employees listed 'on the
pay roll of the brick works at Olive Hill, Kentucky , excluding super-
visory officials, clerical employees, and skilled mechanics and over-
seers employed on construction at Olive Hill and listed on the,Com-
pany's Pittsburgh pay roll, as their representative for the purposes of
collective bargaining, and that, pursuant to Section 9 (a) of the
National Labor Relations Act, United Brick and Clay Workers of
America, Local #702, affiliated with the Kmerican Federation of
Labor, is the exclusive representative of all such employees for the
purposes of collective bargaining in respect to rates of pay, wages,
hours of employment , and other conditions of employment.