Association of Motion Picture Producers, Inc., et al.

National Labor Relations Board - Board Decisions

Apr 24, 1950

89 N.L.R.B. 706 (N.L.R.B. 1950)

In the Matter of ASSOCIATION OF MOTION PICTURE PRODUCERS, INC.,
ET AL., EMPLOYER and INTERNATIONAL ALLIANCE OF THEATRICAL
STAGE EMPLOYEES AND MOVING PICTURE MACHINE OPERATORS OF THE
UNITED STATES AND CANADA, AFL, PETITIONER
Case No. 41-R-4087
SECOND SUPPLEMENTAL DECISION
DIRECTION
AND
ORDER
April 24, 1950
In the original Decision in this case,' the Board found that a unit
consisting of certain employees of all the members 2 of the Association
of Motion Picture Producers, Inc.,3 including Hal Roach Studios, Inc.,
and Samuel Goldwyn Studios, was appropriate for purposes of col-
lective bargaining. This determination was based on the history of
joint bargaining by the Majors. The Board, accordingly, directed
an election among the specified employees of all the Majors, including
Roach and Goldwyn, which election was held on October 13, 1949.
After the election the Regional Director, having found that Roach
and Goldwyn had severed their connection with the Association, im-
pounded the ballots cast by persons who voted as employees or former
employees of Roach and Goldwyn. In the Regional Director's report
of January 11, 1950, on objections with respect to the foregoing elec-
tion and on challenged ballots, he included a report on the challenges
to the ballots which had been impounded. In its Supplemental Deci-
sion in this case of March 16, the Board declined to rule on these
challenges, but ordered the petition in this case dismissed as to Roach
and Goldwyn, finding that, in view of their disaffiliation from the
Association, their employees were no longer properly within the
1 85 NLRB 902.
2 Hereinafter called the Majors,
8 Hereinafter called the Association.
• 88 NLRB 1155.
89 NLRB No. 92.
706
ASSOCIATION OF MOTION PICTURE PRODUCERS, INC., ET AL. 707
Majors' unit, and that neither of the labor organizations involved in
this proceeding had manifested any desire to represent.the employees
of Roach and Goldwyn in separate units. However, on March 23,
1950, the Petitioner filed a motion for reconsideration of the fore-
going Supplemental Decision, asserting its desire to represent in
separate units the employees of Goldwyn and Roach involved in this
case, and requesting that the Board rule on the challenges to the im-
pounded ballots and order such ballots opened and counted.
In view of the foregoing, we 5 will direct .that the petition in this
case be reinstated as to the employees of Roach and Goldwyn and
we will make the following :
SUPPLEMENTAL FINDINGS OF FACT
In the original Decision herein the Board found appropriate for
collective bargaining a unit consisting of specified employees of all
the Majors, including Roach and Goldwyn. In the Supplemental
Decision herein of March 16, 1950, the Board amended this unit find-
ing by excluding from the appropriate unit the employees of Roach
and Goldwyn and the Board dismissed the petition as to those em-
ployees, as no labor organization had manifested a desire to represent
them in separate units. As stated above, the Petitioner. herein has
now expressed a desire to represent the affected employees of Roach
and Goldwyn in separate units. Accordingly, we now find appro-
priate for collective bargaining purposes within the meaning of Sec-
tion 9 (b) of the Act the following separate units :
1. All employees of Samuel Goldwyn Studios employed as scenic
artists, painters, paperhangers, decorators, sign writers, matte-shot
artists, advertising artists, title artists, and their apprentices and
assistants, excluding set decorators, guards, foreman scenic artist,
head paint foreman, foreman painter, foreman advertising artist,
and all other supervisors.
2. All employees of Hal Roach Studios, Inc., employed as scenic
artists, painters, paperhangers, decorators, sign writers, matte-shot
artists, advertising artists, title artists, and their apprentices and
assistants, excluding set decorators, guards, foreman scenic artist,
head paint foreman, foreman painter, foreman advertising artist, and
all other supervisors. .
5 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the
Board has delegated its powers in connection with this case to a three-member panel
[Members Houston , Reynolds , and Mu dock ]. Member Houston took no part in the con-
sideration of this Supplemental Decision , Direction , and Order.
889227-51-vol. 89-46
708 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In view of our reinstatement of the petition as to Roach and Gold-
wyn, and our finding that their employees constitute appropriate
separate units, it becomes necessary to determine the result of the
election among the employees in such separate units. We will, there-
fore, rule on the challenges to the impounded ballots and direct that
all such ballots as are valid be opened and counted 6
Goldwyn
The Regional Director's report on elections, objections, and chal-
lenged Ballots, issued January 11, 1950, shows that 27 persons. voted
in the election of October 13, 1949, as employees of Goldwyn. The
ballots of 25 were challenged. The number of challenges is, there-
fore, sufficient to affect the results of the election.
Moving Picture Painters Local 655, Brotherhood of Painters, Deco-
rators and Paperhangers of America, AFL, hereinafter called
Painters, challenged 8 out of the 10 ballots cast by persons on the
eligibility list furnished by Goldwyn. These challenges were based
on the same grounds as the challenges by Painters to the votes cast
by other employees of the Majors, which latter challenges were over-
ruled in the Supplemental Decision of March 16, 1950, for the reasons
stated therein. The Regional Director recommends that these 8 bal-
lots be opened and counted. We shall so direct.
The Board agent and the Petitioner in this case challenged 17 bal-
lots cast by persons, none of whom, the Regional Director found, had
been employed by Goldwyn since January 1, 1947. _ The Regional
Director recommended that these ballots not be opened or counted.
Painters excepted to this recommendation on the ground that these
employees had been "locked out" and refused reemployment. Similar
contentions by Painters with respect to votes cast by former employees
of other Majors were considered and rejected in the Supplemental
Decision of March 16, 1950. Accordingly, we will not direct that
these 17 ballots be opened or counted.
Roach
Of 10 ballots cast by persons voting as employees of Roach, 8 were
challenged. The number of challenges is, therefore, sufficient to affect
the results of the election.
As indicated in the prior Supplemental Decision herein , objections were filed to the
conduct of the election among the employees. of the Majors , including Roach and Goldwyn,
and to conduct affecting the results of such election. The Regional Director' s recom-
mendation that these objections be overruled was adopted in that Supplemental Decision,
thus disposing of the objections as to Goldwyn and Roach, as well as the other Majors. It
is, accordingly, not necessary to consider these objections again, insofar as they relate to
Roach and Goldwyn.
ASSOCIATION OF MOTION PICTURE PRODUCERS , INC., ET AL. 709
Painters challenged two out of the four ballots cast by persons
whose names appeared on the eligibility list furnished by Roach,
alleging the same grounds as were rejected in the Supplemental Deci-
sion of March 16, 1950, with respect to employees of other Majors.
For reasons stated in that Supplemental Decision, we will adopt the
Regional Director's recommendation that these two ballots be opened
and counted.
The Board Agent and the Petitioner herein challenged the votes
of six persons who, it was found upon investigation by the Regional
Director, had not been employed by Roach since September 23, 1946.
The Regional Director recommends that these ballots not be opened
or counted. Painters excepts to this recommendation, alleging that
these voters had been locked out and refused employment. For reasons
indicated above in our discussion of similar allegations by Painters,
we will adopt the Regional Director's recommendations that these six
ballots not be opened or counted.
DIRECTION
By virtue of and pursuant to the power vested in the Board by
Section 9 (c) of the National Labor Relations Act, as amended, and
pursuant to Section 203.61 of National Labor Relations Board Rules
and Regulations, it is hereby
DIRECTED that the Regional Director for the Twenty-first Region
shall, within ten (10) days from the date of this Direction, in addition
to the ballots heretofore opened and counted, open and count only
those ballots which are designated below, and thereafter prepare and
cause to be served upon the parties a supplemental tally of ballots,
including therein the count of said ballots.
1. The 10 ballots cast by employees whose names appear on the
eligibility list furnished by Samuel Goldwyn Studios.
2. The four ballots cast by employees whose names appear on the
eligibility list furnished by Hal Roach Studios, Inc.
ORDER
IT IS HEREBY ORDERED that the petition in this case be reinstated in
regard to the employees of Hal Roach Studios, Inc., and Samuel
Goldwyn Studios..