Harbison-Walker Refractories Co.

National Labor Relations Board - Board Decisions

Dec 18, 1942

46 N.L.R.B. 105 (N.L.R.B. 1942)

In the Matter of HARBISON-WALKER REFRACTORIES COMPANY and
UNITEDBRIGS AND CLAY WORKERS OF AMERICA (AFL)
Case No. R-4151'
SECOND SUPPLEMENTAL DECISION
AND
ORDER
December 18, 1942
On September.15, 1942, the National Labor Relations Board issued
its Decision and Direction of Election in the above-entitled'p'roceeding 1
Pursuant to the Direction of Election, an election by secret ballot was
conducted on October 2,1942, under the direction and supervision of the
Regional Director for the Fourteenth Region (St. Louis, Missouri):
On November 30, 1942, the Board issued a Supplemental Decision and
Direction in which the Board directed the Regional Director to open
and count three challenged ballots. On December 3, 1942, pursuant to
the Supplemental Decision and Direction, the Regional Director, act-
ing pursuant to Article III, Section 10, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, issued and duly
served upon the parties a Second Supplemental Election Report, set-
ting forth that the Regional Director opened the ballots, and that
upon a count of said ballots the results of the election were as follows : .
Total number of ballots cast-- ----- ------------------------- 413
Total number of blank ballots------------------------------ 0
Total number of void ballots ------------------------------- 0
Total number of valid ballots counted----------- ------------ 413
Total number of votes cast for United Brick and Clay Workers
of America (AFL) ---------------------------------------- 148
Total number of votes cast for United Construction Workers
Division of District 50, United Mine Workers of America----- 113
Total number of votes cast for neither--------------------- 152
No objections to the conduct of the ballot or the Election Reports
have been filed by any of the parties.
On October 8,11942,-United Brick and _ Clay Workers of America
(AFL) and United Construction Workers Division of District 50,
148 N. L . R. B. 1398. '
46 N. L., R. B., No. 16.
105
106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
United Mine Workers of America, requested that a run-off election
be conducted. The results of the election show that no collective bar-
gaining representative has been selected by a majority of the employees
in the unit heretofore found to be appropriate for collective'bargaining,
and that a ,plurality. of the valid ballots were cast for neither .union,
Under these circumstances, we shall dismiss the petition ,for investiga-
tion and certification of representatives.2
ORDER
By virtue of 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, the National La-
bor Relations Board hereby orders that the petition for an investiga-
tion and certification of `representatives' of employees of Harbison-
Walker Refractories Company, Vandalia, Missouri, be, and it hereby
is,'dismissed.
"MR. GF.RAiw'D. REiLLY took no`-part'in the consideration of the above
Second ,Supplemental Decision and Order.
2 See Matter of Emil J. Paidar I Company, a corporation, and United. Furniture Workers
of America, Local 18-B et al, 26 N. L. R. B.• 1486; Matter of Borden Mills, Inc. and
'Textile Workers Union of America, 32 N. L. R. B. 1270 ; Matter of Luders Marine Con-
struction Company, and 'International Association of Machinists, afhliated • with the Ameri-
can Federation of Labor, 32 N. L. R . B. 1268 ; and Matter of Sam Belo and Philip Bela,
'd/b/a Belz Upholstered Furniture Co and International Woodworkers of America , affiliated
with the C . 1. 0., 40 N. L. R. B. 62.