44 N.L.R.B. 1292 (N.L.R.B. 1942)

Columbia Pictures Corp.

National Labor Relations Board - Board DecisionsOct 17, 1942

44 N.L.R.B. 1292 (N.L.R.B. 1942)

In the Matter of COLUMBIA PICTURES CORPORATION and SCREEN OFFICE EMPLOYEES GUILD, LOCAL 1391, OF BROTHERHOOD OF PAINTERS, DECO- RATORS AND PAPERHANGERSv, A. F. L. - In the Matter of LOEw'S INCORPORATED and SCREEN OFFICE EMPLOYEES GUILD, LOCAL 1391, OF BROTHERHOOD OF PAINTERS, DECORATORS AND PAPERHANGERS, A. F. L. In the Matter Of PARAMOUNT PICTURES, INC. and SCREEN OFFICE EM- PLOYEES GUILD, LOCAL 1391, OF BROTHERHOOD OF PAINTERS, DECO- RATORS AND, PAPERHANGERS, A. F. L. In the Matter Of REPUBLIC PICTURES CORPORATION and SCREEN OFFICE EMPLOYEES GUILD, LOCAL 1391, OF BROTHERHOOD OF PAINTERS, DECO- RATORS AND PAPERHANGERS, A. F. L. - In the Matter of RKO RADIO PICTURES, INC. and SCREEN OFFICE EMPLOYEES GUILD, LOCAL 1391, OF BROTHERHOOD OF PAINTERS, DECO- RATORS AND PAPERHANGERS, A. F. L. In the Matter of TWENTIETH CENTURY Fox FILM CORPORATION and SCREEN OFFICE EMPLOYEES GUILD, LOCAL 1391, OF BROTHERHOOD OF PAINTERS, DECORATORS AND PAPERHANGERS, A. F. L. In the Matter Of UNITED ARTISTS CORPORATION and SCREEN OFFICE EMPLOYEES GUILD, LOCAL 1391, OF BROTHERHOOD OF PAINTERS, DECO- RATORS AND PAPERHANGERS, A. F. L. In the Matter Of UNIVERSAL FILM EXCHANGES, INC. and SCREEN OFFICE EMPLOYEES GUILD, LOCAL,1391, OF BROTHERHOOD OF PAINTERS, DECO- RATORS AND PAPERHANGERS, A. F. L. In the Matter Of VITAGRAPH, INC. and SCREEN OFFICE EMPLOYEES GUILD, LOCAL 1391, OF BROTHERHOOD OF PAINTERS, DECORATORS AND PAPERHANGERS, A. F. L. Cases Nos. R-4331 thru R-4339, respectively .,Decided October 17, 1942 Jurisdiction : motion picture producing and distributing industry. Investigation and Certification of Representatives : existence of questions: re- fusal to accord petitioner recognition ; elections necessary. Units Appropriate-for, Collective Bargaining : separate units comprising office, clerical, secretarial, and accounting employees, tabulating machine operators, switchboard operators, and bookers, at film exchange of each of the Companies. Wright cf Millilcan, by Mr. Charles E. Millikan, of Los Angeles, Calif,, for the Companies, except Republic. 44 N. L. R. B., No. 244. 1292 -COLUMBIA PICTURES CORPORATION,;, 1293 Mr. Sidney D. Weisbaunz, of San Francisco, Calif., for Republic. Mr. Jonathan H. Rowell, of San Francisco, Calif., and Mr. Bernard Lusher, of Los Angeles, Calif., for the Union". Mr. Louis Cokin, of counsel to the Board. DECISION ,AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon separate petitions duly filed by Screen Office Employees Guild, Local 1391, of Brotherhood of Painters, Decoraters and Paperhangers, A. F. of L., herein called the Union, alleging that questions affecting commerce had arisen concerning the representation of employees of Columbia Pictures Corporation, Loew's Incorporated, Paramount Pic- tures, Inc., Republic Pictures Corporation, RKO Radio Pictures, Inc., Twentieth Century-Fox Corporation, United Artists Corporation, Universal Film Exchanges, Inc., and Vitagraph, Inc., all of San Fran- cisco, California, herein collectively referred to as the Companies, and individually as Columbia, Loew's, Paramount, Republic, RKO, Twen- tieth Century, United Artists, Universal, and Vitagraph, the National Labor Relations Board consolidated the cases and provided for an appropriate hearing upon due notice before LeRoy Marceau, Trial Examiner. Said hearing was held at San Francisco, California, on October 1, 1942. The Companies and the Union appealed, partici- pated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the is- sues. 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 I. THE BUSINESS OF THE COMPANIES Each Company is engaged in the production and/or distribution of motion picture films, and operates a film exchange at San Francisco, California, which is involved in these proceedings. Each Company admits, for the purpose of these proceedings, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. IT. THE ORGANIZATION INVOLVED Screen Office Emloyees Guild, Local 1391, of Brotherhood of Paiiit- ers, Decorators and Paperhangers, is a labor organization affiliated 1294 DECISION,S'iOF'.NATIONAII 'JI;ABOR RELATIONS BOARD with the- American Federation- of tabor, admitting to membership employees of the Companies. _ III. THE QUESTION CONCERNING_ REPi;ESENTATION - The Companies refuse to recognize the-Union as the exclusive repre- sentative of any of their employees until such time as they are certain that the Union represents a majority of the employees involved. A statement of the Trial Examiner, read into evidence during the hearing; ilidicates that the Union represents' a substantial number of the employees in each of the units hereinafter found to be appropriate., We find that questions affecting commerce have arisen concerning the representation of employees of the Companies, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNITS The Union agreed with each of the Companies respectively, and we find,'that the following classes of employees, namely : - - (1) All office; clerical, secretarial and accounting employees,, office tabulating machine operators, switchboard operators, and bookers at Columbia's Sari Francisco fihn exchange, excluding salesmen, assist- ant managers, office manager, branch manager's secretary, office man- ager's secretary, and those persons who perform executive or super- visory duties or who have the right to hire or discharge or td recommend with respect thereto and whose recommendations are gent erally followed; (2) All office, clerical, secretarial and accounting employees, tabu- lating machine operators, switchboard operators, and bookers at Loew's San Francisco film exchange, excluding salesmen, office manager, sales manager, head cashier, head booker, head contract clerk, branch man- itger's secretary, sales manager's secretary, office manager's secretary, and those persons who perform executive or supervisory duties or 3 The Trial Examiner reported that the Union presented 8 membership application cards bearing apparently genuine signatures of persons whose names appear on the September 22, 1942, pay roll of Columbia, 11 cards bearing apparently genuine signatures of persons whose names appear on the September 22, 1942, pay roll of Loew's, 11 cards beauung appar- ently genuine signatures of persons whose names appear on the September 22, 1942, pay roll of Paramount, 7 cards bearing apparently genuine signatures of persons whose names appear on the September 22, 1942, pay i oil of Republic , 9 cards bearing apparently genuine signatures of persons whose names appear on the September 22, 1942, p'ty roll of RKO. 11 cards bearing apparently genuine signatures of persons whose names appear on the September, 22, 1942, pay roll of Twentieth' Centui y, 5 cards bearing apparently, genuine 'signatures of persons whose names appear on the September 22, 1942, pay roll of United Artists, 5 cards bearing apparently genuine signatures of persons whose names appear on the September 22, 1942, pay roll of Universal , and 11 cards bearing apparently genuine signatures of persons whose names appear on the September , 22, 1942, pay roll of Vita- graph There are 7 employees in the, unit hereinafter found to be appropriate at Columbia, 17 at Loew's, 12 at Paramount, 6 at Republic, 10 at RKO, 13 at Twentieth Century, 3 at United Artists,,11 at Universal, and 14 at Vitagraph ' , COLUMBIA PICTURES CORPORATION -- 1295 *ho`have the right to hire or discharge or to recommend with, respect thereto Â°ahdwhose' recommendations-are generally followed; '=`,(3) All office, clerical, secretarial and accounting employees, office tabulating machine operators, switchboard operators, and bookers at Paramount's San Francisco film exchange, excluding' salesmen, office manager, cashier, branch manager's- secretary, and those persons who 'perform executive or supervisory duties or who have the right to hire, or discharge-or to recommend with respect thereto and whose recom- mendations are generally followed; (4) All office, clerical, secretarial and accounting employees, office tabulating machine operators, switchboard operators, and bookers at Republic's San Francisco film exchange, excluding salesmen, city sales- man-booker, and those persons who perform executive or supervisory duties or who have the right to hire or discharge or,to recommend with respect thereto and whose recommendations are generally followed; (5) All office,, clerical, secretarial and accounting employees, office tabulating machine operators, switchboard operators, and bookers at RKO's San Francisco film exchange, excluding salesmen, assistant manager, branch manager's secretary, assistant manager's secretary, district manager's secretary, and those persons who perform executive or supervisory duties or who have the right to hire or discharge or to recommend with respect thereto and whose recommendations, are gen- erally. followed ; (6) All office, clerical, secretarial and accounting employees, office tabulating machine operators, switchboard operators, and bookers, at Twentieth Century's San Francisco film exchange, excluding salesmen, head booker, district manager's secretary, branch manager's secretary, and those persons who perform executive or supervisory duties or who have the right to hire or discharge or to recommend with respect thereto and whose recommendations are generally followed ; (7) All office, clerical, secretarial and accounting employees, office tabulating machine operators, switchboard operators, and bookers at United Artists' San Francisco film exchange, excluding salesmen, office manager, cashier, branch manager's secretary, and those persons who perform executive or supervisory duties or who have the right to hire or discharge or to recommend with respect thereto and whose recom- mendations are generally followed; (8) All office, clerical, secretarial and accounting employees, office tabulating machine operators, switchboard operators, and bookers, at Universal's San Francisco film exchange, excluding salesmen, head booker, branch manager's secretary, and those persons who perform executive or supervisory duties or who have the right to hire or dis- charge :or to'recoh mend with respect thereto and whose recommenda- tions are generally followed; 1296 DECISIONS. ,OFâ€¢_ NATIONAL, LABOR RELATIONS BOARD (9) All office, clerical, secretarial and accounting employees, office tabulating machine operators, switchboard operators, and bookers at Vitagraph's- San Francisco film exchange, excluding salesmen, office manager, secretary to the branch manager, and those persons-who per- form executive or supervisory duties or who have the right to hire or discharge or to recommend with respect thereto and whose recommen- dations are generally followed, constitute separate units appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. V. DETERMINATION OF REPRESENTATIVES We shall direct that the questions concerning representation which have arisen be resolved by elections by secret ballot among the employees in the appropriate units who were employed during the pay-roll period or periods immediately preceding the date of the Direction of Elections herein,'subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTIONS 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 Columbia Pictures Corporation, Loew's Incorporated, Paramount Pictures, Inc., Republic Pictures Corporation, RKO Radio Pictures, Inc., Twentieth Century- Fox Film Corporation, United Artists Corporation, Universal Film Exchanges, Inc., and Vitagraph, Inc., separate elections 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 supervi- sion of the Regional Director for the Twentieth Region, acting in this 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 units found appropriate in Section IV above, who were employed during the pay-roll period or periods immediately pre- ceding the date of this Direction, including any such employees who did not work during such pay-roll period or periods 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 employees who have since quit or been discharged, to determine in each instance whether or not they desire to be represented by Screen Office Employees Guild, Local 1391, of Brotherhood of Painters, Decorators and Paper- hangers, affiliated with the American Federation of -Labor, for the purposes of collective bargaining.