Technical Porcelain and Chinaware Co.

National Labor Relations Board - Board Decisions

May 25, 1940

23 N.L.R.B. 1191 (N.L.R.B. 1940)

In the Matter of TECHNICAL PORCELAIN AND CHINAWARE COMPANY
and UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA,
LOCAL 1412
Case No. R-1694
CERTIFICATION OF REPRESENTATIVES
May 25, 1940
On April 10, 1940, the National Labor Relations Board, herein called
the Board, issued a Decision and Direction of Election 1 in this pro-
ceeding. On April 17, 1940, the Board issued an Amendment to
Direction of Election.2 Pursuant to the Direction of Election, as
amended, an election by secret ballot was conducted on April 25, 1940,
under the direction and supervision of the Regional Director for the
Twentieth Region (San Francisco, California). On May 4, 1940,
the Regional Director acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended, issued and duly served upon the parties an Election Report.
As to balloting and its results, the Regional Director reported
as follows :
Number of votes for National Brotherhood of Operative Potters,
Local 165, A. F. of L------------------------------------- 7
Number of votes against National Brotherhood of Operative
Potters,, Local 165, A. F. of L______________________________ 12
Total number of ballots counted_____________________________ 19
Number of blank ballots____________________________________ 0
Number of void ballots_____________________________________ 0
Number of challenged ballots________________________________ 84
Total number eligible to vote_______________________________ 108
The Regional Director further reported that after the tabulation of
the ballots, eight of the challenged ballots were settled by agreement
of the parties, it being agreed that six of these eight challenged votes
would not be counted and that two would be counted. The Election
Report stated that 73 ballots had been challenged by the Company on
the ground that the persons seeking to cast their ballots "did subse-
quent to March 31, 1940, and prior to April 10, 1940, voluntarily and
without just and proper cause quit their employment," and that in-
vestigation disclosed that the 73 persons whose votes had been chal-
122 N. L R B 835
2 22 N L R B 840.
23 N. L. R. B, No. 125.
1191
1192 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
lenged had not quit their employment but had gone out on strike on
April 10, 1940, and that the strike was in progress on the date of the
election. The Regional Director found that these 73 persons were
individuals whose work ceased as a consequence of, or in connection
with, a current labor dispute and that such individuals were, at the
time of the election, employees within the meaning of Section 2 (3) of
the National Labor Relations Act, and ruled that the 73 challenged
ballots should be counted. Ruling was reserved on three other chal-
lenged ballots. No objections to the conduct of the ballot or the
Election Report have been filed by any of the parties.
On May 15, 1940, the Regional Director issued a Supplemental
Election Report. No objections to the Supplemental Election Re-
port have been filed by any of the parties.
As to the final tabulation of ballots, the Regional Director reported
as follows :
Number of votes for National Brotherhood of Operative
Potters, Local 165, A. F. of L---------------------------- 78
Number of votes against National Brotherhood of Operative
'Potters, Local 165, A. F. of L---------------------------- 16
Total number of ballots counted---------------------------- 94
Number of blank ballots------------------------------------ 0
Number of void ballots-------------------------------------- 0
Number of challenged ballots-------------------------------- 9
Total number eligible to vote-------------------------------- 106
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 National Brotherhood of Operative
Potters, Local 165, affiliated with the American Federation of Labor,
has been designated and selected by a majority of the production and
maintenance employees of Technical Porcelain and Chinaware Com-
pany, El Cerrito, California, in the mold shop, clay shop, turning
department, handling department, casting department, dust-press
department, sagger shop, finishers, finishing department, slip house,
kiln hand department, bisque-ware room, glaze room, decorating de-
partment, and warehouse, but excluding foremen and clerical work-
ers, as their representative for the purposes of collective bargaining,,
and that, pursuant to Section 9 (a) of the Act, National Brother-
hood of Operative Potters, Local 165, affiliated with the American
Federation of Labor, is the exclusive representative of all such em-
ployees for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, and other conditions of
employment.