Industrial Rayon Corp.

In the Matter of INDUSTRIAL RAYON CORPORATION and INTERNATIONAL BROTHERHOOD OF FIREMEN & OILERS, LOCAL No. 52 (AFL) AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 589, 589A, 589B (AFL) Case No. R-576. CERTIFICATION OF REPRESENTATIVES September 17, 1941 On July 21, 1941, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Election in the above-entitled proceedings.' Pursuant to the Direction of Election, an election by secret ballot was conducted on August 20, 1941, under the direction and supervision of the Regional Director for the Eighth Region (Cleveland, Ohio)., On August 22, 1941, the Regional Direc- tor, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued an Election Report, copies of which were duly served upon the parties.2 No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. As the balloting and its results, the Regional Director reported as follows,: Total on eligibility list-------------------------------------- 36 Total ballots cast------------------------------------------- 31 Total ballots challenged ------------------------------------- 3 Total blank ballots---------------------------------------- 0 Total void ballots------------------------------------------- 0 Total valid votes cast--------------------------------------- 28 Votes cast for International Brotherhood of Firemen & Oilers, Local No. 52 (AFL) and International Union of Operating Engineers, Local No. 589, 589A, •589B (AFL) -------------- 26 Votes cast against International Brotherhood of Firemen & Oilers, Local No. 52 (AFL) and International Union of Operating Engineers , Local No. 589 , 589A, 589B (AFL) ---- 2- 133 N. L. R. B. 680. 2 In his Election Report the Regional Director referred to the Board for disposition, the ballots of Messrs . Davis, Hayden , and Eskensen , which were challenged by the Com- pany. We have already considered in the Decision and Direction of Election the con- tentions of the Company with respect to the eligibility of these employees to participate in the election and their inclusion within the appropriate unit. We see no reason to alter our original determination . Since counting of the challenged ballots is not necessary to determination of the result we need not remand the case to the Regional Director. 35 N. L. R. B., No. 105. 468 INDUSTRIAL RAYON CORPORATION 469 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 International Brotherhood of Firemen- Oilers, Local No. 52, affiliated with the American Federation of Labor, and International Union of Operating Engineers, Local No. 589, 589A, 589B, affiliated with the American Federation of Labor, have been designated and selected by the powerhouse employees of Industrial Rayon Corporation, Painesville, Ohio, plant, excluding the chief engineer, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, International Brotherhood of Firemen & Oilers, Local No. 52, affiliated with the American Federation of Labor, and Inter, national Union of Operating Engineers, Local No. 589, 589A, 589B, affiliated with the American Federation of Labor, are the exclusive representatives of all such employees for the purposes of'collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.