Batjac Enterprises, Inc.

National Labor Relations Board - Board Decisions

Mar 23, 1960

126 N.L.R.B. 1281 (N.L.R.B. 1960)

BATJAC ENTERPRISES, INC. 1281
performing such work, or unless an employer is bound by an agree-
ment to assign the work in dispute to the claiming union. Local 926
has no order, certification, or contract claim to the work. Accord-
ingly, we find that it is not entitled, by means proscribed by Section
8(b) (4) (D), to force or require the Employer to assign the disputed
work to members of Local 926 rather than to the Employer's own
employees. However, we are not by this action to be regarded as
assigning the work in question to Local 136.10
DETERMINATION OF DISPUTE
On the basis of the foregoing findings, and upon the entire record
in this case, the Board makes the following determination of dispute,
pursuant to Section 10(k) of the Act :
1. International Union of Operating Engineers, Local 926, AFL-
CIO, and its agents, are not, and have not, been entitled, by means
proscribed by Section 8(b) (4) (D) of the Act, to force or require Tip
Top Roofers to assign the work of operating the mechanical hoist to
its members rather than to the Employer's own employees, who are
members of Composition Roofers, Damp and Waterproof Workers,
AFL-CIO, Local 136.
2. Within 10 days from the date of this Decision and Determina-
tion of Dispute, Local 926 shall notify the Regional Director for the
Tenth Region, in writing, whether or not it will refrain from forcing
or requiring Tip Top Roofers, by means proscribed by Section
8(b) (4) (D) of the Act, to assign the disputed work to its members
rather than to the Employer's own employees, who are members of
Local 136.
io In declining to make such an affirmative work award, we respectfully disagree with
the court decisions to the contrary . See Newark & Essex Plastering Co., 121 NLRB 1094,
at 1108-1113; N.L R.B. v. Local 450, International Union of Operating Engineers, AFL-
CIO (Slane Industrial Painters ), 275 F. 2d 408 ( C. A. 5) Moreover , the Board has
determined to seek Supreme Court review of the decision , relied on by the parties hereto,
in N L R B. v. Radio it Television Broadcast Engineers Union, Local 1212, etc. ( Columbia
Broadcasting System ), 272 F. 2d 713 (CA. 2).
Batjac Enterprises, Inc. ; Batjac Productions , Inc. ; Romina
Productions, Inc. and Musicians Guild of America , Petitioner.
Case No. 21-RC-5820. March 23, 1960
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before H. C. Bumgarner, hearing
126 NLRB No. 144.
554461-60-vol. 126-82
1282 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3(b) of the Act, the Board
has delegated its power in connection with this case to a three-member
panel [Chairman Leedom and Members Jenkins and Fanning].
Upon the entire record in this case, the Board finds :
1. The Employer and the Petitioner contend that the three corpora-
tions are a single employer for jurisdiction purposes. The evidence
indicates that one individual owns all the stock of Batjac Enterprises,
Inc.' and Batjac Productions, Inc.,' and this same person, together
with members of his family, owns 80 percent of the stock in Romina
Productions, Inc.' All three corporations are located at the same
address, are engaged in the same business, and perform interrelated
services for one another. The record shows, for example, their joint
participation in the making of a motion picture as follows: Enter-
prises held title registration; Romina produced the picture; Enter-
prises contracted for the services of a composer-conductor to score
the film; and Productions contracted with the Intervenor for the
services of musicians. In view of the foregoing, we find that the three
corporations constitute a single Employer.' As Enterprises and Pro-
ductions both do over $50,000 worth of business with United Artists
Corporation, which in turn annually ships goods or performs services
directly outside the State of California in excess of $100,000, we assert
jurisdiction under our indirect outflow standard .6
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
3. The Intervenor, American Federation of Musicians of the United
States and Canada, AFL-CIO, moved to dismiss the petition on the
ground that the Employer does not now and does not intend in the
future to hire musicians. The record shows that the Employer has
in the past and intends in the future to score its pictures through use
of the "package deal" arrangement whereby a composer-conductor is
engaged to compose and conduct the music as well as hire and pay
the musicians. The musicians utilized by the composer-conductor
work under the provisions of the basic agreement between the Em-
ployer and the Intervenor, and at each recording session a personal
service contract is executed which the Employer signs as employer
of the musicians. In view of our determination of voting eligibility
of musicians in the motion picture industry, infra, and the fact that
the Board has held that film producers who hire musicians under such
i Hereinafter referred to as Enterprises
Hereinafter referred to as Productions.
8 Hereinafter referred to as Romina.
A See Chicago North Side Newspapers , 124 NLRB 254.
5 Simons Mailing Service, 122 NLRB 81.
TOLEDO OVERSEAS TERMINALS, INC. 1283
an arrangement are employers, and musicians employees within the
meaning of the Act, the motion is hereby denied.6
Accordingly, we find that a question affecting commerce exists con-
cerning the representation of certain employees of the Employer,
within the meaning of Section 9(c) (1) and Section 2(6) and (7) of
the Act.
4. The appropriate unit :
The Petitioner and Intervenor agree to the composition of the unit.
The Employer took no position. The Intervenor contends, however,
that (1) a unit limited to musicians in Los Angeles County is inap-
propriate, and (2) the unit should not be a multiemployer unit. As
to (1), the record shows that the Employer scores all of its motion
pictures in Los Angeles County and utilizes the services of musicians
from that area. Accordingly, we find a unit limited to that area
appropriate. In regard to (2), in view of the facts discussed in para-
graph 1, above, we find that the three corporations likewise constitute
a single Employer for unit purposes.
Accordingly, we find the following unit appropriate for purposes
of collective bargaining within the meaning of Section 9(b) of the
Act :
All musicians employed by the Employer or its successors in Los
Angeles County, California, including conductors, leaders, arrangers,
orchestrators, copyists, proofreaders, librarians, recording and side-
line musicians, but excluding composers and supervisors as defined
in the Act.
5. In accordance with our voting eligibility formula for musicians
in the motion picture industry, we find that all musicians who have
been employed in the unit herein for 2 or more days during the year
preceding this decision are entitled to vote in such unit''
[Text of Direction of Election omitted from publication.]
E Independent Motion Picture Producers Association, Inc., 123 NLRB 1942.
7 See Independent Motion Picture Producers Association, Inc., supra.
Toledo Overseas Terminals , Inc. and United Mine Workers of
America, District 50, Petitioner . Case No. 8-RC-8684. March
23, 1960
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Norman R. Prusa, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
126 NLRB No. 152.