Olean Tile Co., Inc.

National Labor Relations Board - Board Decisions

Jul 16, 1941

33 N.L.R.B. 475 (N.L.R.B. 1941)

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.