Buffalo Pipe & Foundry Corp.

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.