Wolfsheim & Sachs, Inc.

National Labor Relations Board - Board Decisions

Sep 4, 1942

43 N.L.R.B. 986 (N.L.R.B. 1942)

In the Matter Of WOLFSHEIM & SACKS , INC. and AMERICAN FEDERATION
OF LABOR
Case No. R-3859
CERTIFICATION OF REPRESENTATIVES
September 4, 19412
On July 9, 1942, the National Labor Relations Board issued a De-
cision and Direction of, Election in this proceeding.' Pursuant to the
Direction of Election, an election by secret ballot was conducted on
July 27, 1942, under the direction and supervision of the Regional
Director for the Third Region (Buffalo, New York). On July 27,-
1942, 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 an Election Re-
port. No objections to the conduct of the ballot or to the Election
Report filed by any of the parties are now pending before the Board 2
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list--------------------------------------- 288
Total ballots cast------------------------------------------- 267
Total ballots challenged------------------------------------- 3
Total blank ballots------------------------------------------ 0
Totalvo;d ballots-------------------------------------------- 0
Total valid votes counted------------------- ----------------- 264
Votes cast for American Federation of Labor------------------ 73
Votes cast for United Paper, Novelty & Toy Workers, Interna-
tional Union, affiliated with the Congress of Industrial Organ-
izations--------------------------------------------------- 187
Votes east for Neither----------------------------------- --- 4
By virtue,of and pursuant to tho power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
142 N. L. R. B 232.
2 On July 31, 1942, the American Federation of Labor, the petitioner in this proceeding,
filed objections to the conduct of, the election, alleging certain discriminatory conduct
on the part of Wolfsheim & Sachs, Inc., Buffalo, New York, whose employees participated
in the election. These allegations were not supported by affidavit or other documentary
'evidence On August 24, 1942, the American Federation of Labor withdrew its objections.
On August 24, 1942, the Regional Duector issued and duly served upon the parties a
,Report on Objections, in which lie noted the filing of objections by the American Fed-
eration of Labor and the withdrawal thereof, and recommended that the Board certify
ns sole bargaining representative of employees in the appropriate unit United Paper,
Novelty & Toy Workers, Inteinational Union, affiliated with the Congress of Industrial
'Organizations, the oiganization which received a majority of votes cast in the election.
43 N. L. R. P.., No. 174. '
986
WOLFSHEIM & SACHS, INC. 987
-49 Stat. 449, Dnd 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 United Paper, Novelty & Toy Workers,
International Union, affiliated with the Congress of Industrial Organ-
izations, has been designated and selected by a majority of all produc-
tion and maintenance employees of Wolf sheim & Sachs, Inc., Buffalo,
New York, at its two Buffalo plants, including employees in the ship-
ping department, but excluding office, clerical, and supervisory,em-
ployees, as their representative for the purposes of collective bar-
gaining and that, pursuant to Section 9 (a) of the Act, United Paper,
Novelty & Toy Workers, International Union, Affiliated with the• Con-
gress of Industrial Organizations, is the exclusive representative •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.