Ralston-Purina Co.

National Labor Relations Board - Board Decisions

Mar 30, 1943

48 N.L.R.B. 840 (N.L.R.B. 1943)

In the Matter of RALSTON-PURINA COMPANY and AMERICAN FEDERATION
OF LABOR & ITS AFFILIATED ORGANIZATIONS
Case No. R-5028.-Decided •March 30; 1943
Jurisdiction : grain processing industry.
Investigation and Certification of Representatives : existence of question : dis-
pute as to the appropriate unit; employees in the armed forces who present
themselves in person at the polls, held eligible to vote ; employee alleged to
have been discriminatorily discharged, held eligible to vote and in the event
his ballot is necessary to a result, it is to be impounded pending disposition
of the charges; immediate election directed when union waived objection
thereto on basis of charges which it had filed
Unit Appropriate for Collective Bargaining : all employees, excluding office em-
ployees, watchmen, outside truck drivers, and supervisory employees; stipula-
tion as to.
Mr. Lawrence B. Murdock, of St. Louis, Mo., for the Company.
Mr. William J. Becker, of Clayton, Mo., for the Union.
Mr. Arthur Leff, of counsel to the Board.
DECISION- -
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon asecond amended petition duly filed by American Federation
of"Labor & Its Affiliated Organizations, herein called, the Union,
alleging that a question affecting 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 appropriate hearing upon due notice before
Lawrence H. Whitlow, Trial Examiner. Said hearing was held at
St. Louis, Missouri, on March 16, 1943. The Company and the Union
appeared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and io introduce evidence
bearing on the issues. The Trial Examiner's. rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
48 N L. R. B., No. 98.
840
RALSTON-PURINA COMPANY 841'
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Ralston-Purina Company, having its principal place of business at
St. Louis, -Missouri, is a Missouri corporation engaged in the business
of processing and selling grains and feed. It operates over 22 plants
throughout the United States. Only the Company's St. Louis plant
located at 8th and Gratiot Streets, St. Louis, Missouri, and its ware-
house known as the'Union Avenue Warehouse, also located in said'city,
are involved in this proceeding. During the fiscal year ended Septem-
ber 30, 1942, the Company purchased outside the State of Missouri and
transported into said State materials and supplies of the approximate
value of $9,500,000. During the same period the total sales made
by the Company from the afore-mentioned plant and warehouse
amounted to approximately $13,500,000, and of this amount approxi-
mately $12,000,000 represented sales made to points outside the State
of Missouri.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
11. THE ORGANIZATION INVOLVED
The American Federation of Labor is a labor organization ad-
mitting to membership, directly and in its affiliated organizations,
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about February 1, 1943, the International Longshoremen's
Association, a labor organization affiliated with the American Federa-
tion of Labor, requested the Company to recognize it as the exclusive
bargaining representative for employees engaged in production work.
Thereafter divers other labor organizations affiliated with the Ameri-
can Federation of Labor, respectively claiming to represent certain
craft groups of employees engaged in maintenance work at the Com-
pany, likewise requested exclusive bargaining rights. The Company,
taking the position that all its production and maintenance employees
employed at its plants herein involved constituted a single appropriate
unit, refused to accede to the request of the American Federation of
Labor affiliates. The said affiliates then filed the amended petition
upon which this proceeding is predicated.
842 DECISIONS OF 'NATIONAL LABOR RELATIONS BOARD
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found 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
At the hearing the parties stipulated and agreed, and we find, that
all of the employees of the Company at its main mill located, at 8th
and Gratiot Streets, St. Louis, Missouri, and at its Union Avenue
Warehouse located in the same city but excluding office employees,
watchmen, outside truck drivers, supervisors who spend more than 50
percent of their time in supervisory activities, and supervisors of
higher rank, constitute a unit appropriate for the purposes of col-
lective bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The Company moved to have its employees who are now in the
armed forces of the United States declared eligible to vote . , In ac-
cordance with our established practice we shall direct that all such
employees in the appropriate unit who present themselves in person
at the polls shall be permitted to vote.
Referring to certain charges 2 which have been filed by the Interna-
tional , Longshoremen 's Association against the Company alleging that
an, employee , Fred Smith , was discharged by the Company in viola-
tion of the Act, the Union requests that the Board grant this employee
the right to vote at the election . We shall direct that said Fred Smith
be permitted to vote subject to challenge . In the event that his ballot
is necessary to a result , it, will be impounded pending disposition of
the charges.
We shall direct that the question concerning -representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
' The Regional Director reported that the Union submitted 94 designation cards, 90 of
which bore apparently genuine original signatures ; that they were dated ' from January 5,
1943, to March 4, 1943 ; that the names of 79 persons whose signatures appeared on the
.cards were listed on the Company 's pay roll of January 27, 1943, which contained 197
persons in the unit alleged to be appropriate At the hearing the Union presented 4 addi-
tional designation cards bearing apparently genuine original signatures , but only 1 of said
additional cards contained the signature of a person whose name appearing on said pay roll
had not previously been checked off by the Regional Director.
2 Case-No. XIV , C-756. The Union has waived the,right to object to any election ordered
in this proceeding on the basis of said charges.
RALSTON-PURINA COMPANY 843,
tion 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 Relations Act, and
pursuant to Article III, Section 9, 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 date of this Direction, under the direction and supervision 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, Section 10, 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 employees who did not^work during
said pay-roll period because they were ill or on vacation or tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but
excluding those employees who have since quit or been discharged
for cause, to determine whether or not they desire to be represented by
American Federation of Labor & Its Affiliated Organizations for the
purposes of collective bargaining.