Ralston-Purina Co.

National Labor Relations Board - Board Decisions

Jul 5, 1944

57 N.L.R.B. 74 (N.L.R.B. 1944)

In the Matter Of RALSTON-PURINA COMPANY and INTERNATIONAL-
LONGSHOREMEN'S ASSOCIATION, A. F. OF L.
Case No.14-R-966.-Decided July 5, 1944
Messrs. Cottrell Fox and George Noxon, of St. Louis, Mo., for the
Company.
Mr. Larry Long, of St. Louis, Mo., for the Union.
Mr. Lowis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Longshoremen 's Associa-
tion, A. F. of L., herein called the Union , alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Ralston -Purina Company , St. Louis , Missouri , herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Harry G. Carlson , Trial Ex-
aminer. Said hearing was held at St. Louis , Missouri , on June 8, 1944.
The Company ,and the Union appeared , participated , and were afforded
full opportunity to be heard , to examine and cross -examine witnesses,
and to introduce evidence bearing on the issues . The Trial Examiner's
rulings made at the hearing are free from prejudical error and are
hereby affirmed . All parties were afforded opportunity to file briefs
with the Board. -
Upon the entire retold in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Ralston=Purina Company is a Missouri corporation operating plants
in several States. We are here concerned with its grain elevator at
St. Louis, Missouri, known as Elevator "A". During 1943 the Com-
pany received about 3,000,000 bushels of grain at Elevator "A", over
30 percent of which was shipped to it from points outside the State of
Missouri. During the same period, approximately "50 percent of all
57 N. L. RB,No.13.
74 -
RALSTON-PURINA COMPANY 75
shipments from Elevator "A" was made to points outside the State of
Missouri.
The Company, admits that it is engaged in commerce within the
meaning of the National Labor Relations Act. _
H. THE ORGANIZATION INVOLVED
International Longshoremen's Association is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company. '
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as exclusive collective
bargaining representative of the watchmen-firemen at Elevator "A".
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union contends that all watchmen-firemen at Elevator "A" of,
the Company constitute an appropriate unit. 'Tlie Company contends
that the duties of its watchmen-firemen are such that they come into
conflict with the interests of the production and maintenance em-
ployees. The Company argues that,. since the Union already repre-
sents the production and maintenance, employees, it is improper to
permit the watchmen-firemen to be represented by the same labor
organization, albeit in separate bargaining units. The Company fur-',
ther contends that the employees in dispute are part of management
and are not employees within the meaning of the Act.
The watchmen-firemen are charged with the duties of checking the
sprinkler system, firing boilers, and making rounds of the Company's
premises. They are deputized by the City of St. Louis and are author-
ized to carry arms. Despite the peculiar relationship which plant-
protection employees bear to management they are not to be denied any
of the rights or privileges granted under Section 7 of the Act,' since
we have often held, as we do now, that plant-protection officers exercise
monitorial and not supervisory functions. The'record in the instant
case offers ample evidence that the watchmen-firemen have no discipli-
' The Field Examiner reported that the Union submitted 3 authorization cards of persons
on, the Apiil 28, 1944 , pay roll of the Company . There are aproximately 3 employees in
the appropriate unit
s See Matter of Chrysler Corporation , 44 N. L R. B. 881. ^
76, DECISIONS OF NATIONAL LABOR RELATIONS BOARD
nary authority over the production and maintenance employees.'
We turn now to the consideration of the contention that it is im-
proper to permit plant-protection employees to be represented by the
same labor organization as production and maintenance employees.
This argument deals with a possible conflict of interest which may arise
when, plant-protection employees join a labor organization. Self-
organization for collective bargaining is not incompatible with efficient
and faithful discharge of duty.3 Neither does the fact that the watch-
men-firemen were excluded from a unit previously found appropriate
bar them from the right to bargain collectively through any bargtfiniug'
agent whom they may desire to represent them.'
We find that all watchmen-firemen at Elevator "A"' of the Company,,
excluding all supervisory employees with authority to hire, promote,
discharge, discipline, or, othewise effect changes in':the stratus of
employees, or effectively recommend such action, constitute a unit-
appropriate for the purposes of collective bargaining, within the-
meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees,m the appropriate unit,who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
DIRECTION OF ELECTION
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, and pursuant to Article III, Section 9, of" National"Labor
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part -of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with Ralston-
Purina Company, St. Louis. Missouri, an election by secret ballot
shall be conducted as early as possible, but not later than thirty (30)
clays from the date of this Direction, under the direction and super-
vision of the Regional 'Director for the Fourteenth Region, acting
in this matter as agent for the National Labor Relations Board, and,'
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, among-the employees in the unit found appropriate in Section
IV, above, who were employed during the pas-roll period immediately
preceding the date of this Direction, including employees who did not
3'See Matter of Draio Corporation , 52 N L . R. B 322.
4 See Matter of Chrysler Corporation , 44 N L . R B 881.
RALSTON-PURINA COMPANY 77
work during,said pay-roll period because they were ill or on vacation
or temporarily laid off, and including employees in the armed forces'
of the United States who present themselves in person at the polls,
but excluding any who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether or not they desire to be represented by
International Longshoremen's Association, A. F. of L., for the pur-
poses of collective bargaining.