Buffalo Pipe & Foundry Corp.

National Labor Relations Board - Board Decisions

Sep 9, 1940

27 N.L.R.B. 163 (N.L.R.B. 1940)

in the Matter of BUFFALO PIPE & FOUNDRY CORPORATION and THE
INDEPENDENT SANITARY IRON MOULDERS UNION
Case No. R-1953
AMENDMENT TO DIRECTION OF ELECTION
September 9, 1940
On August 20, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election I in the
above-entitled proceeding, the election to be conducted as early as
possible but not later than thirty (30) days from the date of the
Direction. The Board, having been advised by International
Moulders Union of North America, Local 261, affiliated with the
American Federation of Labor, through its district representative,
that it desires to have its name removed from the ballot in the elec-
tion directed by the Board, hereby amends its Direction of Election
by striking therefrom the words "whether they desire to be repre-
sented by The Independent Sanitary Iron Moulders Union, or by
International Moulders Union of North America, Local 261, affili-
ated with the American Federation of Labor, for the purposes of
collective bargaining, or by neither," and substituting therefor the
words, "whether or not they desire to be represented by The Inde-
pendent Sanitary Iron -Moulders Union for the purposes of collective
bargaining."
27 N. L R. B., No. 37.
[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
October 24, 1940
On August 24, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election I in the
above-entitled case, and on September 9, 1940, pursuant to a request
by International Moulders Union of North America, Local 261, affili-
ated with the American Federation of Labor, herein called the
126 N L R B 848
163
164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
I. M. U., issued an Amendment to Direction of Election, omitting
the name of the latter from the ballot. Pursuant to the Direction of
Election, as amended, an election -by secret ballot was conducted on
September 18, 1940, in Tonawanda', New York, under the direction
and supervision of the Regional Director for the Third Region (Buf-_
falo, New York). On September 19, 1940, the Regional Director,
acting pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, issued an
Election Report upon the secret ballot, copies of which were duly
served upon the parties. No objections to the conduct of the ballot
or the Election Report have been filed by any of the parties.2
As to the balloting and its results, the Regional Director reported
as follows: ,
Total on eligibility list-------------------------------------- 109
Total ballots cast------------------------------------------- 66
Total ballots challenged------------------------------------- 2
Total blank ballots----------------------------------------- 0
Total void ballots------------------------------------------- 1
Total valid votes cast--------------------------------------- 63
Votes cast for The Independent Sanitary Iron Moulders Union- 33
Votes cast against The, Independent Sanitary Iron Moulders
Union----------------------------------------- 30
Since the counting of the two challenged votes could not affect the
results of the election it is unnecessary to make any determination
with respect thereto.
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 The. Independent Sanitary Iron Mould-
ers Union has been designated and selected by a majority of the pro-
duction and maintenance employees of Buffalo Pipe & Foundry Cor-
poration, Tonawanda, New York, excluding supervisors, foremen,
watchmen, clerical employees, truck drivers and machinists, as their
representative for the purposes of collective bargaining and that, pur-
suant to Section 9 (a) of the National Labor Relations Act, The Inde-
pendent Sanitary Iron Moulders Union is the exclusive representative
of all employees for the purposes of collective bargaining in respect
to rates of pay, wages, hours of employment and other conditions of
employment.
I In a letter to the Board dated September 23, 1940, the I Al U. objected to certification
of the Independent The Board has considered the objections made by the I. M. U and
finds that they raise no substantial of material issue with respect to the conduct of the
ballot or the Election Report.
27 N L R B, No. 37a.