Hummer Manufacturing Company Branch Of Montgomery Ward & Co., Incorporated And International Association Of Machinists, Lodge No. 628, A. F. Of L., 27 (1940)

In the Matter of HUMMER MANUFACTURING COMPANY BRANCH OF MONTGOMERY WARD & Co., INCORPORATED and INTERNATIONAL ASSOCIATION OF MACHINISTS, LODGE No. 628, A. F. OF L.

Case No. R--1896.-Decided August 2, 1940 Jurisdiction: dairy equipment manufacturing industry.

Investigation and Certification of Representatives: existence of question: refusal to accord recognition to union; request that certification be obtained; election necessary.

Company, when laying off employees because of slack business or for reasons other than extreme incompetence, makes no notation in its records of whether such employees will be recalled. Directed, in view of Company policy of restoring seniority rights and other privileges to employees recalled within 60 days, that employees laid off for a period not exceeding 60 days before issuance of Direction of Election be eligible to vote.

Unit Appropriate for Collective Bargaining: hourly paid production and maintenance employees and the employees of the experimental department excluding office employees, watchmen, and supervisors other than group leaders engaged primarily in production work.

'Group leaders,' engaged in production work 90 per cent of the time, and paid a small additional compensation for time spent in supervision, included in production unit.

Weekly paid experimental department employees, interchangeable with regular production employees, included in unit composed of hourly paid production and maintenance employees.

Mr. Walker Smith and Mr. J. A. Lind, of Chicago, Ill., for the Company.

Mr. J. T. Farr, of Springfield, Ill., for the Union.

Mr. Bonnell Phillips, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On April 13, 1940, International Association of Machinists, Lodge No. 628, A. F. of L., herein called the Union, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition, and on May 24, 1940, an amended petition, alleging that a question affecting commerce had arisen concerning the representation of em ployees of Hummer Manufacturing Company Branch of Montgomery Ward & Co., Incorporated, Chicago, Illinois, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On May 17, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered the Regional Director to conduct an investigation and to provide for an appropriate hearing upon due notice.1 On May 23, 1940, the Regional Director issued a notice of hearing, and on June 3, 1940, an order postponing the hearing, copies of which were duly served upon the Company and the Union. Pursuant to the order of postponement, a hearing was held on June 17, 1940, at Chicago, Illinois, before Robert Rissman, the Trial Examiner duly designated by the Board. The Company and the Union were represented at and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing, the Trial Examiner made various rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed.

At the close of the hearing the Company moved for the dismissal of the petition. This motion was referred by the Trial Examiner to the Board. For reasons appearing below, the motion is hereby denied.

Upon the entire record in the case, the Board makes the following:

FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Montgomery Ward & Co., Incorporated, an Illinois corporation with principal offices at Chicago, Illinois, in addition to its large mail order and retail business, operates a branch factory known as Hummer Manufacturing Company at Springfield, Illinois. This proceeding concerns exclusively the representation of employees at the Hummer Manufacturing Company, herein called Hummer, at which the Company designs and manufactures cream separators, pumps, air compressors, hammer mills, milk bottle caps, and shovels, and engages in the repair and servicing of electric refrigerators. For the year I The copy of the Board's order of investigation submitted in evidence contains a typographical error ordering the Regional Director for the Third Region to conduct the investigation and to provide for a hearing. Actually, as was intended, the investigation has been conducted to this point by the Regional Director for the Thirteenth Region. The Board's order is hereby amended, nunc pro tune, to read 'the Regional Director for the...