Otto Bernz Co.

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.