Ralston Purina Co.

National Labor Relations Board - Board Decisions

Jun 1, 1942

41 N.L.R.B. 579 (N.L.R.B. 1942)

In the Matter of RALSTON PURINA COMPANY and INTERNATIONAL
LONGSHOREMEN'S ASSOCIATION, AFFILIATED WITH THE A. F. OF L.
Case No. R-3831.Decided June 1,194,2
Jurisdiction : grain elevator operating industry.
Investigation and Certification of Representatives : existence of question: Com-
pany questioned union's claim to majority ; employee absent because of illness
held eligible to vote; election necessary.
Unit Appropriate for Collective Bargaining : all employees at the Company's Ele-
vator A , excluding the superintendent and assistant superintendent ; no dis-
pute as to ; monthly salaried employees and night watchmen excluded over
objection of union.
Mr. William M. Ward, Jr., for the Board.
Mr. Lawrence B. Murdock, of St. Louis, Mo., for the Company.
Mr. William J. Becker, of Clayton, Mo., for the Union.
Mr. Louis 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, affiliated with the A. F. of L., herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Ralston Purina Company, St. Louis, Mis-
souri, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Henry
J. Kent, Trial Examiner. Said hearing was held at St. Louis, Mis-
souri, on May 15, 1942. The Board, 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 prejudicial error and are hereby affirmed.
Upon the entire record 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 a
grain elevator, known as Elevator A, in St. Louis, Missouri. During
41 N. L. R. B., No. 113.
579
580 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1941- the Company received about 3 million bushels of grain at its
Elevator A, over 30 percent of which was shipped to it from outside
Missouri. During the same period approximately 50 percent of all
shipments from Elevator A was sent out of Missouri.
II. 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.
M. THE QUESTION CONCERNING REPRESENTATION
On April 15, 1942, the Union notified the Company that it claimed
to represent a majority of its employees at Elevator A. On April 16,
1942, the Company informed the Union that it questioned the Union's
claim to a majority.
A statement of the Regional Director, introduced into evidence
during the hearing, indicates that the Union represents a substantial
number of the employees in the unit hereinafter found to be appro-
priate.)
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 National Labor
Relations Act. V
IV. THE APPROPRIATE UNIT
The Union urges that all employees at Elevator A of the Company,
excluding the superintendent and assistant superintendent, constitute
an' appropriate unit. The only, controversy with respect to the unit
concerns five monthly salaried employees and three night watchmen.
The Union urges that all of these employees be included in the unit,
and the Company-that they be excluded.
The Company has five persons on its monthly salaried employees'
list. All other employees are-paid on an hourly rate. These five em-
ployees are experienced and skilled in their various jobs and must
exercise discretion in the performance of their duties. Their hours
of work differ from that of the other employees, and they have the
power to recommend the hiring or discharging of employees. Under
the circumstances, we shall exclude the monthly salaried employees
from the unit. '
I The Regional Director reported that the Union presented 16 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
,pany's pay roll of April 22, 1942 There are approximately 17 employees in the unit
hereinafter found to be appropriate
RALSTON PURINA COMPANY 581
The Company employs `three'nlght watchmen who are-deputized by
the city of St. Louis and have the authority to carry fire arms. They
make hourly rounds of the Company's premises at night, and have
charge of the Company's sprinkler system. We shall exclude the night
watchmen from the unit.
We find that all employees at Elevator A of the Company,' excluding
the superintendent, assistant superintendent, monthly salaried em-
ployees, and night watchmen, 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 find that the question concerning representation- which has
arisen can best be resolved by an election by secret-ballot. The Union
urges that a pay roll as of April 18, 1942, the date of its petition herein,
be used to determine eligibility to vote. The Company asks- that a
current pay roll be used for that purpose. In accordance with our
usual practice,' we shall direct that the employees of the Company,
eligible to vote in the election shall be those in the appropriate unit
who were employed during the pay-roll period immediately preceding
the date of.the Direction of _Eleotion-herein,,subject to the limitations
a nd.additionsset_forth in=the-Direcction.
-Some'controversy arose at thewhearing'with'-respect-to"`thereligibility
of an employee named Christowski to vote in the election. This
person has been in the employ of the Company for about 12 years,
but at the time of the hearing had been absent from work 178 days
because of illness. He is still carried on the Company's pay roll, and
the superintendent of the Company testified that in the event Chris-
towski regains his health he will be recalled to work. We find that
this person shall be accorded the right to vote if he presents himself
at the polls.
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, Relations
Act, and pursuant to Article III, Section 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives 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) days
from.the _claate of this Direction,-under the direction -and :supervision
of the Regional Director for the Fourteenth Region, acting in this
582 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
matter as agent for the National Labor Relations Board, and subject
to Article III, Section 9, of said Rules and Regulations, among the
employees in the unit found appropriate in Section IV above, who
were employed during the pay-roll period immediately preceding the
date of this Direction, including any such employees who did not work
during said pay-roll period because they were ill or on vacation or
in the active military service or training of the United States, or
temporarily laid off, but excluding any who have since quit or been
discharged for cause, to determine whether or not they desire to be
represented by International Longshoremen's Association, affiliated
with the American Federation of Labor, for the purposes of collective
bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decisioii and Direction of Election.
In the Matter of RALSTON PURINA COMPANY and INTERNATIONAL
LONGSHOREMEN'S ASSOCIATION, AFFILIATED WITH THE A. F. OF L.
Case No. R-3831
CERTIFICATION OF REPRESENTATIVES
June 25, 1942
On June 1, 1942, the National Labor Relations Board issued a Deci-
sion and Direction of Election in the above-entitled proceedings.,
Pursuant to the Direction of Election, an election by secret ballot was
was conducted on June 12, 1942, under the direction and supervision
of the Regional Director for the Fourteenth Region (St. Louis, Mis-
souri). On June 12, 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 Report on the ballot. 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 number of ballots cast______________________________ 16
Number of ballots challenged_____________________________ 0
Number of blank ballots __________________________________ 0
Number of void ballots--------------------------------- Y 0
Total number of valid votes counted _______________________ 16
Number of ballots voted for International Longshoremen's
Association affiliated with the A. F. of L------------------ 13
Number of ballots voted against International Longshore-
men's Association, affiliated with the A. F. of L---------- 3
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, 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 Longshoremen's Associa-
tion, affiliated with the American Federation of Labor, has been
designated and selected by a majority of all employees at Elevator A
141 N. L. R. B. 579.
41 N. L. R. B., No. 113a.
583
584 DECISIONS OF_ NATIONAL LABOR RELATIONS BOARD
of Ralston Purina Company, St. Louis, Missouri, excluding the super-
intendent, assistant superintendent, monthly salaried employees, and
night watchmen, as their representative for the purposes of collective
bargaining, and that, pursuant to Section 9 (a) of the Act, Inter-
national Longshoremen's Association, affiliated with the American
Federation of Labor, is the exclusive representative of all such em-
ployees for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, and other conditions of employ-
ment.