Ralston Purina Co.

National Labor Relations Board - Board Decisions

Jun 12, 1940

24 N.L.R.B. 625 (N.L.R.B. 1940)

In the Matter of RALSTON PURINA COMPANY and FLouR, FEED AND
CEREAL WORKERS ' FEDERAL UNION No. 19184
Cases Nos. C-1457 aind R-1553.-Decided June 12, 1940
Animal Foods Industry-Interference, Restraint, and Coercion: anti-union
s At the hearing neither the respondent nor the Association asserted that the contract
between these parties constituted a bar to the representation proceeding . If the contract
has been renewed since November 1939, it has been renewed after March 1939 when,the
Federal had asserted its claim herein and therefore cannot constitute a bar to our deter-
mination of representatives . See Matter of Silvray Lighting Inc. and International
Brotherhood of Electrical Workers Local Union No. 3, 18 N. L. R. B. 719.
RALSTON PURINA COMPANY 641
employees,14 watchmen, and the office force. In addition the Federal
desires to exclude millwrights, maintenance employees, chemists, and
laboratory workers.
As previously noted, in 1937 and 1938 the respondent entered into
exclusive bargaining contracts with the Association, covering all
employees of the respondent at its Buffalo, New York, plant, except
"employees having the power to hire and discharge, foremen, watch-
men and office force." Millwrights and maintenance employees were
included within the terms of these contracts, and the Association
bargained for them. Laboratory workers were excluded from the
provisions of the contracts as office workers. We shall follow the
desires of the employees as evidenced by the past bargaining history
and accordingly we shall exclude laboratory workers and include
millwrights and maintenance employees.15
The Federal desires to exclude chemists from the unit. The record
does not reveal whether chemists are included within the meaning
of the term "laboratory workers." The Association takes no position
in this matter. Chemists have little in common with production and
maintenance employees in respect to rates of pay, hours, or other
conditions of employment. We shall exclude chemists from the
unit.
The Federal claims that J. A. Kaznica, Edward Hoppe, and F. W.
Karl are assistant foremen and should be excluded from the unit.
Kaznica is a scale man in the elevator; Hoppe works in the chowder
department; and Karl is a roll tender and feed tester in the mash
and poultry units. Kaznica and Hoppe have acted as foremen dur-
ing the vacations of their regular foremen in 1938 and 1939. Karl
has not acted in the place of his foreman. The supervisory func-
tions performed by Kaznica and Hoppe are largely incidental to
their regular work as employees in the mill and occupy a period of
' The Union desires to exclude "supervisory " employees . The Association desires to
exclude foremen and employees having the power to hire and discharge . We construe
the term supervisory employees to include foremen and employees having the power to
hire and discharge.
u The Federal desires to exclude millwrights and maintenance employees because it
claims that when its International charter would be granted in March or April 1940. Its
jurisdiction would be defined and the craftsmen would be turned over to the craft unions.
In organizing , however, the Federal has solicited the respondent 's maintenance em-
ployees. Although at the time of the hearing , none of the respondent 's maintenance
employees or millrights were members of the Federal , the Federal states that it would
represent any millwrights or maintenance employees who become members. A member
of the United Brotherhood of Carpenters and Joiners of America testified at the hearing
that his union claimed jurisdiction over the millwrights and maintenance employees,
although he did not know whether any of the respondent 's maintenance employees or
millwrights were members . Such evidence is insufficient to establish the propriety of
excluding millwrights and maintenance employees from the unit. See Matter of The
Barre Wool Combing Company, Limited and Federal Labor Union No. 21928, Textile
Workers, affiliated with the American Federation of Labor, 19 N. L. R. B. 1008;
Matter of Selby Shoe Company, Portsmouth , Ohio and Portsmouth Printing Pressmen cE
Assistants' Union No. 296 of the I. P. P. & A. U. of N. A., 15 N. L. R. B. 489.
642 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
about one or two weeks per year. Karl has not performed any
supervisory functions . We shall include Kaznica, Hoppe, and Karl
in the unit.
We find that all hourly paid mill employees of the respondent at
its Buffalo , New York, plant, including millwrights and maintenance
employees but excluding supervisory employees , watchmen , chemists,.
laboratory workers, and the office force, constitute a unit appropriate
for the purposes of collective bargaining and that said unit will insure
to employees of the respondent the full benefit of their right to self-
organization . and to collective bargaining and otherwise effectuate the
policies of the Act.
IX. THE DETERMINATION OF REPRESENTATIVES
Both the Federal and the Association claim to represent a majority
of the respondent 's employees in the appropriate unit, and both sub-
mitted evidence in support of their claims . In view of the conflicting
claims, we find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot.
Since the respondent has, by engaging in unfair labor practices,
interfered with the exercise by its employees of the rights guaranteed
them by the Act, we shall not now set the date of the election. We
shall hold the election, however , upon receipt of information from the
Regional Director that the circumstances permit a free choice of rep-
resentatives , unaffected by the respondent 's unlawful acts. We shall,
at the time we specify the date on which the election is to be held,
also specify the date on the basis of which eligibility to vote in the
election shall be determined.
Upon the basis of the ' above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. Flour, Feed and Cereal Workers' Federal Union No. 19184, and
Purina Labor Organization , are labor organizations , within the mean-
ing of Section 2 (5) of the Act.
2. By interfering with, restraining , and coercing its employees in
the exercise of the rights guaranteed in Section 7 of the Act, the re-
spondent has engaged in and is engaging in unfair labor practices,
within the meaning of Section 8 ( 1) of the Act.
3. The aforesaid unfair labor practices are unfair labor practices
affecting commerce, within the meaning of Section 2 (6) and (7) of
the Act. .
4. The respondent has not engaged in unfair labor practices , within
the meaning of. Section 8 (2) and (3) of the Act.
RALSTON PURINA COMPANY 643
5. A question affecting commerce has arisen concerning the repre-
sentation of employees of the respondent , within the meaning of
Section 9 ( c) and Section 2 (6) and (7) of the Act.
6. All hourly paid mill employees of the respondent at its Buffalo,
New York, plant , including millwrights and maintenance employees
but excluding supervisory employees , watchmen, chemists , laboratory
workers, and the office force, constitute a unit appropriate for the
purposes of collective bargaining , within the meaning of Section
9 (b) of the Act.
ORDER
Upon the basis of the above findings of fact and conclusions of law,
and pursuant to Section 10 (c) of the National Labor Relations Act,
the National Labor Relations Board hereby orders that the respondent,
Ralston Purina Company , Buffalo, New York, and its officers, agents,
successors , and assigns shall :
1. Cease and desist from in any manner interfering with, restrain-
ing, or coercing its employees in the exercise of the right to self-
organization , to form, join , or assist labor organizations , to bargain
collectively through representatives of their own choosing, and to
engage in concerted activities for the purpose of collective bargain-
ing or other mutual aid or protection , as guaranteed in Section 7 of
the Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Post immediately in conspicuous places throughout its plant,
and maintain for a period of at least sixty ( 60) consecutive days from
the date of posting, notices to its employees stating that the respond-
ent will not engage in the conduct from which it is ordered to cease
and desist in paragraph 1 of this Order;
(b) Notify the Regional Director for the Third Region in writing
within ten (10) days from the date of this Order what steps the
respondent has taken to comply herewith.
AND IT IS FURTHER ORDERED that the complaint , in so far as it alleges
that the respondent has engaged in unfair labor practices within the
meaning of Section 8 (2) and (3) of the Act, be, and it hereby is,
dismissed.
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 , 49 Stat. 449 , pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
644 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Ralston Purina Company; Buffalo, New York, an election shall
be conducted at such time as the Board shall hereafter direct, under
the direction and supervision of the Regional Director for the Third
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among all hourly paid mill employees including mill-
wrights and maintenance employees of the respondent at its Buffalo,.
New York, plant, employed by said respondent during a pay-roll
period which the Board shall in the future specify, excluding super-
visory employees, watchmen, chemists, laboratory workers, and the
office force, to determine whether they desire to, be represented by
Flour, Feed and Cereal Workers' Federal Union No. 19184, affiliated
with the American Federation of Labor, or by Purina Labor Organi-
zation, for the purposes of collective bargaining, or by neither.