Columbia Pictures Corp.

National Labor Relations Board - Board Decisions

Oct 8, 1945

63 N.L.R.B. 1500 (N.L.R.B. 1945)

In the Matter Of COLUMBIA PICTURES CORPORATION , LoEw's INCOR-
PORATED, PARAMOUNT PICTURES , INC., RKO RADIO PICTURES, INC.,
REPUBLIC PRODUCTIONS, INC., TWENTIETH CFNTURY-Fox FILM COR-
PORATION, UNIVERSAL PICTURES CO'_1IPANY, INC., WARNER BROS.
PICTURES, INC..and SCREEN SET DESIGNERS, ILLUSTRATORS & DECO-
RATORS, LOCAL 1421, AFFILIATED WITH THE BROTHERHOOD OF
PAINTERS, DECORATORS & PAPERHANGERS OF AMERICA, AFL
In the Matter Of COLUMBIA PICTURES CORPORATION, LOEW'S INCOR-
PORATED, PARAMOUNT PICTURES , INC., RKO RADIO PICTURES, INC.,
REPUBLIC PRODUCTIONS, INC., TWENTIETH CFNTURY-Fox FILM COR-
PORATION, UNIVERSAL PICTURES COMPANY, INC., WARNER BROS.
PICTURES, INC. and SCREEN SET DESIGNERS, ILLUSTRATORS & DECO-
RATORS, LOCAL 1421, AFL and INTERNATIONAL ALLIANCE OF THE-
ATRICAL STAGE EMPLOYEES AND MOVING PICTURE MACHINE
OPERATORS OF THE UNITED STATES AND CANADA, LOCAL 44, AFL
Cases Nos. .1-R-262 , 01-R4624 through 21-R-2630, and 21-RE-^O,
respectively
SUPPLEMENTAL DECISION
AND
DIRECTION
October 8, 1945
Pursuant to the Decision, Direction of Election, and Order issued
by the National Labor Relations Board on May 7, 1945,1 as amended
on May 19, 1945, an election was conducted under the direction and
supervision of the Regional Director for the Twenty-first Region
(Los Angeles, California). Upon the conclusion of the election, a
Tally of Ballots was furnished the parties in accordance with the
Rules and Regulations of the Board.
The Tally shows that of the approximately 118 eligible voters, 112
cast ballots, all of which were challenged. Thereafter, the Regional
Director conducted an investigation of the issues raised by the chal-
lenges and incorporated his findings and recommendations with respect
to the challenged ballots in his Report on Challenges. The Regional
Director's report reveals that 62 ballots were challenged by the
I. A. T. S. E. and the Producers,, and 52 by the Painters. The Re-
•101 N. L.R B 1030
2 We adopt the Regional Director' s recommendation , to which no exception was taken,
that the ballot of Walter E. Tilford , originally challenged by an agent of the Board, be
considered as challenged by the Producers and the I. A . T. S. E.
63 N. L. R. B., No. 227.
1500
COLUMBIA PICTURES CORPORATION 1501
gional Director recommended that 8 of the challenges by the Producers
and the I. A. T. S. E. be sustained, that the remaining 54 challenges
be overruled, and that said 54 ballots be opened and counted. He
made no recommendations concerning the validity of the Painters'
52 challenges, and recommended that if a count of the 54 valid ballots
did not establish a decisive result, a hearing be conducted for the
purpose of adducing evidence concerning the issues raised by the
Painters' 52 challenges.
Exceptions were duly filed to the Regional Director's report by the
Producers and the I. A. T. S. E. On June 27, 1945, it appearing that
the exceptions raised substantial and material issues with respect to
the conduct of the ballot, the Board ordered that a hearing be held
to adduce evidence as 'to the eligibility of the challenged voters.
Pursuant to the foregoing order, a hearing was held upon due notice
at Los Angeles, California, on various dates between July 9 and August
2, 1945, inclusive, before R. N. Denham, Trial Examiner. The Board,
the Producers, the Painters, the I. A. T. $. E. were represented by
counsel and participated in the hearing. Full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues was afforded all parties. The rulings of the Trial
Examiner made at the hearing are free from prejudicial error and are
hereby affirmed. The Painters' allegations charging the Trial Exam-
iner with bias against that union are without merit.
Subsequent to the hearing, the Producers, the Painters, and the
I. A. T. S. E. filed briefs with the Board. On September 28, 1945,
these parties argued orally before the full Board at Washington, D. C.
Upon the entire record in the case, the Board makes the following:
SUPPLEMENTAL FINDINGS OF FACT
After a full consideration of the entire record in the case, the Board
has reached the following conclusions with respect to the challenged
ballots : The challenges by the Producers and the I. A. T. S. E. to
the ballots cast by Sidney Clifford, Helen Conway , W. A. (Al) Green-
wood, George Sawley , Rita Lowe, Jack Mersereaux , John Sturtevant,
and Charles C. Nields are hereby sustained . The challenge by the
Painters to the ballot cast by Jasper Cline is hereby sustained. The
challenges by the Producers and the I. A. T. S . E. to the ballots cast
by the 54 persons listed in Appendix A, and the challenges by the
Painters to the ballots cast by the 51 persons listed in Appendix B, are
hereby overruled . We shall direct that their ballots be opened and
counted.
The full opinion of the Board , setting forth the reasoning , deter-
minations and findings upon which these conclusions are based, will
subsequently be filed and served upon the parties.'
1502 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION
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, Sections 9 and 10, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Columbia Pictures Corporation, Hollywood, California; Loew's
Incorporated, Culver City, California; Paramount Pictures, Inc.,
Hollywood, California; RKO Radio Pictures, Inc., Hollywood, Cali-
fornia; Republic Productions, Inc., Hollywood, California; Twen-
tieth Century-Fox Film Corporation, Los Angeles, California; Uni-
versal Pictures Company, Inc., Universal City, California; and War-
ner Bros. Pictures, Inc., Burbank, California, the Regional Director
for the Twenty-first Region shall, pursuant to Article III, Section
10, of said Rules and Regulations, within ten (10) days from the
date of this Direction, open and count the ballots cast by those persons
listed in Appendices A and B, attached hereto, and shall, thereafter,
prepare and cause to be served upon the parties, a Supplemental Tally
of Ballots, embodying his findings therein and his recommendations
as to the results of the secret ballot.
MR. GERARD D. REILLY, dissenting in part :
I do not agree with the direction of the majority of the Board that
the ballots cast by the persons listed in Appendix A, excepting Keough
Gleason, Al Spencer, and Raymond Boltz, be opened and counted.
I would sustain the challenges to these 51 ballots, and shall prepare
and file a dissenting opinion setting forth my reasons therefor.
APPENDIX A ,
Alper, Mac
Altwies, James E.
Barner, Glen Oliver
Boltz, Raymond
Bonar, John H. D.
Carpenter, Claude E.
Ceder, Eugene C.
Dieoe, Louis Thomas
Dowd, Ross
Duenckel, Grace Gregory
Fox, Paul S.
Gangelin, Victor A.
Gilmore, Andrew John
Gleason, Keough
Granger, Bertram C.
Griffith, Mildred
Hopkins, George J.
Hughes, Frank E.
Huldschinski, Paul Q.
Hunt, Hugh B.
Hurst, Ralph S.
Kish, Joseph
COLUMBIA PICTURES CORPORATION
Lansing, Ernest R.
Levitt, Ruby R.
MacLean, Fred M.
McNeil, John
McConaghy, John B.
Miller, Edward H.
Miller, Frank M.
Milo-Vescia, George
Montgomery, Geo. S.
Moyer, Paul R.
Nisbet, McLean
Offenbecker, Theodore F.
Orenbach, Alexander
Pefferle, Richard A.
Priestley, Robert
Robinson, Edward R.
1503
Rode, Fred J.
Scott, Walter M.
Seymour, Stephen A.
Siegel, Otto
Smith, Leigh
Spencer, Al
Steensen, Clarence I.
Stevens, Wm. L.
Swartz, Kenneth W.
Theuerkauf, Thos. F.
Thompson, Charles S.
Tilford, Walter F.
Tuttle, Frank Allan
Von Hemert, Theodore
Wittlinger, George H.
Wooden, Earl B.
APPENDIX B
Ahern, Jack H.
Alperin, Allan J.
Arthur, Marie
Barton, John M.
Beckman, David
Berntsen, G. W.
Chamberlain, Paul. G., Jr.
Cramp, H. M.
DeCrof, Charles G.
DeGolconda, Jack
Eaglin, Theo. N.
Edwards, Lloyd S.
Emert, O. L.
Friend, Clarence S.
Goetten, A. E.
Goodman, Maurice
Haller, Karl
Hansard, Helen
Hays, Robert B.
Jeffers, R. L.
Johnson, Ernest Walter
Kagen, Norman
Kegerris, Alfred E.
Kopecky, Edward Jerome
Kramer, Frank
Krams, Arthur
Kuehl, William L.
Lau, Oscar Guslaff
Lawrence, Carl J.
MacKinnon, Geo. W.
McLean, Wm. E.
Mansfield, Richard E.
Nicholas, John O.
Redd, Eugene S.
Reifsnider, Lyle B.
Rickerd, Albert R.
Schoenbrun, Herman W.
Solomon, Leonard
Stubbs, S. Jack, Jr.
Stumph, Milton F.
Suhr, George C.
Sylos, Ralph
Sylvester, Herbert B. R.
Walters, James M.
Warrington, Ralph
Weidy, Lawrence T.
Weiss, Francis E.
Welch, Jerry D.
Winterbottom, H. R.
Wyrick, Charles
Zakoura, Ralph M.