Straitsville Brick Co.

National Labor Relations Board - Board Decisions

Sep 28, 1948

79 N.L.R.B. 1057 (N.L.R.B. 1948)

In the Matter of STRAITSVILLE BRICK COMPANY, EMPLOYER and ROBERT
F. BLANKENSHIP, PETITIONER
Case No. 9-RD-27.Decided September. 28, 1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition for decertification duly filed, a hearing in this case
was held at Logan, Ohio, on August 20, 1948, before Martin Sacks,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The Petitioner, an employee of the Employer, asserts that the
United Brick and Clay Workers of America, AFL, hereinafter called
the Union, is no'longer the representative of the employees as defined
in Section 9 (a) of the Act.
The Union, a labor organization affiliated with the American Fed-
eration of Labor, was certified on July 1, 1947, in Case No. 9-R-2602,
pursuant to a Decision and Certification of Representatives, as the
exclusive bargaining representative of the Employer's employees at
its plant at New Straitsville, Ohio.,
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer, within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
*Chairman Herzog and Members Houston and Reynolds.
3 The certification of the Union has not resulted in the execution of a bargaining agree-
ment with the Employer.
79 N. L. R. B., No. 137.
1057
1058 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4. The following employees of the Employer constitute a unit
appropriate for purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act:
All production and maintenance employees at the Employer's New
Straitsville, Ohio, plant, excluding office and clerical employees, super-
visors, guards, and professional employees as defined in the Act.2
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations-Series 5, as amended, among
the employees in the unit found appropriate in paragraph numbered
4, above, who were employed during the pay-roll period immediately
preceding the date of this Direction of Election, including employees
who did not work during said pay-roll period because they were ill or
on vacation or temporarily laid off, but excluding those employees who
have since quit or been discharged for cause and have not been rehired
or reinstated prior to the date of the election, and also excluding em-
ployees on strike who are not entitled to reinstatement, to determine
whether or not they desire to be represented, for purposes of collective
bargaining, by United Brick and Clay Workers of America, AFL.
• 2 The unit is in substance the same unit as that for which the Union was certified as
bargaining representative . The description has been changed slightly to conform with the
provisions of the amended Act.