Otto Bernz Co.

National Labor Relations Board - Board Decisions

Jan 9, 1942

38 N.L.R.B. 130 (N.L.R.B. 1942)

In the Matter of OTTO BERNZ CO., A PARTNERSHIP , SUCCESSOR OF OTTO
BERNZ CO., INC. aftwi INTERNATIONAL ASSOCIATION OF MACHINISTS,
LODGE #93, AFFILIATED WITH THE A. F. OF L
Case No. R-131-117
CERTIFICATION OF REPRESENTATIVES
January 9. 19/2
On November 14 and 28 and December 6, 1941, respectively, the
National Labor Relations- Board, herein called the Board, issued a
Decision and Direction of Election,' an Amendment to Direction of
Election, and a Second Amendment to Direction of Election 2 in this
proceeding. Pursuant to the Direction of Election as amended, an
election by secret ballot was conducted on December 17, 1941, under the
direction and supervision of the Regional Director for the Third
Region (Buffalo, New York). On December 18, 1941, 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 his Election Report. No objections
to the conduct of the ballot or the Election Report have been filed by
any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list -------------------------------------- 89
Total ballots cast -------------------------------------------- 78
Total ballots challenged------------------------------------- 1
Total blank ballots----------------------------------------- 0
Total void ballots------------------------------------------ 0
Total valid votes counted ----------------------------------- 77
votes cast for International Association of Machinists. Lodge
#93, affiliated with the American Federation of Labor------ 76
Votes cast against International Association of Machinists, Lodge
#93, affiliated with the American Federation of Labor ------ 1
Since the challenged ballot cannot affect the result of the election,
we find it unnecessary to consider the challenge.
'36N.L.R B 922
2 37 N. L R. B. 33
38 N. L. R B, No. 30
130
OTTO BRENZ CO. 131
On December 17, 1941, the parties, the Regional Director, and Otto
Bernz Co., a partnership, stipulated that on November 30, 1941, Otto
Bernz Co., Inc., a corporation, was dissolved; that Otto Bernz Co.,
a partnership, succeeded to its business and assets, is continuing the
same enterprise, and, for the purposes of this proceeding, is the same
company; and finally, that the Board might certify the representa-
tives of the employees of Otto Bernz Co. in the appropriate unit, upon
the basis of the election directed in this proceeding. The stipulation
is hereby approved and made part of the record.
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
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 International Association of Machinists,
Lodge #93, affiliated with the American Federation of Labor, has
been designated and selected by a majority of all production and
maintenance employees of Otto Bernz Co., Rochester, New York, ex-
cluding office, clerical, supervisory, and stockroom employees, and
shipping clerks, as their representative for the purposes of collective
bargaining, and that, pursuant to Section 9 (a) of the Act, Interna-
tFional Association of Machinists, Lodge #93. affiliated with the
American Federation of Labor, is the exclusive representative of such
employees for the purposes of collective bargaining in respect to the
rates of pay, wages, hours of employment, and other conditions of em-
ployment.