The Logan Clay Products Company And United Brick & Clay Workers Of America, Logan Local No. 899, 245 (1945)

In the Matter of THE LOGAN CLAY PRODUCTS COMPANY and UNITED BRICK & CLAY WORKERS OF AMERICA, LOGAN LOCAL No. 899 Case No. 9-R-1795.-Decided August 9, 1945 Messrs. Forest E. Weinrech and Barton A. Holl, of Logan, Ohio, for the Company.

Mr. William J. Leggett, of Midvale, Ohio, for the Union.

Mr. Bruce C. Heath, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Brick & Clay Workers of America, Logan Local No. 899, herein ealled the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of The Logan Clay Products Company, Logan, Ohio, herein called the Company, the National Labor Relations Board provided for'an appropriate hearing upon due notice before James A.

Shaw, Trial Examiner. Said hearing was held at Logan, Ohio, on May 29, 1945. The Company and the Union appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded an opportunity to file briefs with the Board.

Upon the entire record in the case, the Board makes the following:

FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Logan Clay Products Company is an Ohio corporation with its office and principal place of business located in Logan, Ohio. The Company is engaged in the manufacture, sale, and distribution of clay sewer and drain pipes. Virtually all of its raw materials are obtained from its own clay and coal mines. During the year 1943, it manufac tured products valued at in excess of $300,000, of which more than 75 percent was shipped to points outside the State of Ohio.

The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act.

2. THE ORGANIZATION INVOLVED United Brick & Clay Workers of America, Logan Local No. 899, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company.1 III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its employees until the Union has been certified by the Board in an appropriate unit.

   A statement of a Field Examiner, introduced into evidence at the hearing, indicates that-the Union represents a substantial number of employees in the unit...