Columbia Pictures Corp.

National Labor Relations Board - Board Decisions

Oct 8, 1940

27 N.L.R.B. 708 (N.L.R.B. 1940)

In the Matter Of COLUMBIA PICTURES CORPORATION, SAMUEL GOLDWYN,
INC., LTD., LOEW'S, INC., R. K. O. RADIO PICTURES, INC., REPUBLIC
PRODUCTIONS, INC., HAL ROACH STUDIOS, INC., SELZNICK INTERNA-
TIONAL PICTURES, INC., 20TH CENTURY Fox FILM CORPORATION, UNI-
VERSAL PICTURES COMPANY, INC., WALTER WANGER PRODUCTIONS, INC.
and SCREEN OFFICE EMPLOYEES GUILD (IND.)
Cases Nos. R-2035 to R-044 inebasive.-Decided October 8, 1940
'Jurisdiction : motion picture industry.
Investigation and Certification of Representatives : existence of questions:
companies refuse to accord recognition to union; elections necessary
Units Appropriate for Collective Bargaining : all office, clerical, secretarial, and
accounting employees, office and tabulating machine operators, switchboard
operators and messengers employed by each of the Companies, casting em-
ployees whose work is of a clerical nature included in the units of those Com-
panies who employ casting employees.
Mr. David Sokol, for the Board.
Wright c Millikan, by Mr. Charles E. Millikan, of Los Angeles,
Calif., for Wanger and Selznick.
Mitchell, Silberberg, Roth cC Knapp, by Mr. William Hinkle, of
Los Angeles, Calif., for R. K. 0., Columbia, and Hal Roach.
Loeb c Loeb, by Mr. Milton H. Schwartz, of Los Angeles , Calif.,
for Loew's, Universal, Republic, and Goldwyn.
Alfred Wright and Gordon Hall, Jr., by Mr. Gordon 'Hall, Jr., of
Los Angeles, Calif., for Fox.
Mr. George E. Bodle, of Los Angeles, Calif., for the Guild.
Mr. Jules Kahn, of Beverly Hills, Calif., for the Fox 'Guild.
Mr. A. H. Petersen, of Los Angeles, Calif., for Local No. 20798.
Miss Mary Metlay, of counsel to the Board.
DECISION
DIRECTION OF ELECTIONS
AND
ORDER
STATEMENT OF THE CASE
On April 16, 1940, Screen Office Employees Guild (Ind.), herein
called the Guild, filed with the Regional Director for the Twenty-
27 N. L. R. B, No. 133.
708
WORLD STEEL PRODUCTS CORPORATION 709
first Region (Los Angeles, California), separate petitions, and on May
20, 1940, separate amended petitions, alleging that questions affecting
commerce had arisen concerning the - representation of employees of
Columbia Pictures Corporation, Samuel Goldwyn, Inc., Ltd., Loew's,
Inc., R. K. O. Radio Pictures, Inc., Republic Productlolis, Inc., Hal
Roach Studios, Inc., Selznick International Pictures, Inc., 20th Cen-
tury Fox Film Corporation, Universal Pictures Company, Inc., and
Walter Wanger Productions, Inc., respectively, herein collectively
referred to as the Companies, and individually as Columbia, Goldwyn,
Loew's, R. K. 0., Republic, Hal Roach, Selznick, Fox, Universal, and
Wanger, respectively, and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On August 7, 1940,
the National Labor Relations Board, herein called the Board, acting
pursuant to Section,9 (c) of the Act and Article III, Sections 3 and
10 (c) (2), of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, ordered an investigation authorizing the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice, and further ordered that the above-entitled
cases be consolidated for all purposes.
On August 10, 1940, and on August 15, 1940, the Regional Director
issued a notice of hearing and amended notice of hearing, copies of
which were duly served upon the Companies, the Guild, and upon
Stenographers, Typists, Bookkeepers and Assistants Union, Local No.
20798, affiliated with the American Federation of Labor, herein called
Local 20798, and 20th Century Fox Studio Office Employees Guild, an
unaffiliated organization, herein called the Fox Guild, labor organiza-
tions claiming to represent employees directly affected-by the inves-
tigation., Pursuant to notice, a hearing in the consolidated cases was
held on August 21, 22, 26, 27, 28, 29, and 30, 1940, before A. Bruce Hunt,
and on September 3 and 4, 1940, before William B. Barton, Trial
Examiners duly designated by the Board. The Board, the Com-
panies, the Guild, and Local 20798 were represented by counsel, and
the Fox Guild, by its president; all participated in the hearing. Full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing upon the issues was afforded all parties.
At the hearing counsel for the Guild moved to dismiss the petitions as
to Goldwyn, on the grounds that it was not, at the date of the hearing,
engaged in the production of motion pictures nor was there any indi-
' Columbia Studio Office Employees Association and Metro -Goldwyn-Mayer Studio Office
Employees Guild were named in the petitions affecting Columbia and Loew 's, respectively -
as labor organizations claiming to represent employees of the respective companies affected
by the investigation Both organizations stated that they did not represent a majority of
the employees within the unit alleged to be appropriate in said petitions and did not wish
to contest any action to be taken by the Board.
710 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cation that it would resume its production, and as to- Selznick, on the
ground that it was, at the date of the hearing, in the process of reor-
ganization. No objections were made to the motion to dismiss. The
petitions involving Goldwyn and Selznick will be dismissed.2 During
the course of the hearing, the Trial Examiners made several rulings
on motions and on objections to the admission of evidence. The Board
has reviewed the rulings of the Trial Examiners and finds that no
prejudicial errors were committed. The rulings are hereby affirmed.
Upon the. entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANIES
The Companies herein, among others, participated in a previous,
hearing conducted by one of the Board's Trial Examiners in 1937r
following which the Board issued its Decision and Direction of Elec-
tion.3 That decision contained under the heading "Findings of Fact-
II. The business of the Companies," detailed statements of the busi-
ness operations of the Companies herein,4 among others. At the
hearing herein the parties stipulated that "if witnesses were called by
the Board to testify concerning the businesses of the various Com-
panies, they would testify that the operations of the Companies dur-
ing these proceedings were substantially the same as they were in
1937," and "that the facts appearing in the Board's Decision (of
1937) . . . relating to the businesses of these various Companies
would be the facts testified to by such witnesses in this proceeding.5
The Findings of Fact contained in the Decision in the previous case
relative to the character and extent of the businesses of the Companies
herein are hereby incorporated in and made a part of this Decision-
and Direction of Elections.
II. THE ORGANIZATIONS INV€ LLVED
Screen Office Employees Guild (Ind.) is an unaffiliated labor organ-
2 Hereafter the term "Companies" shall not be taken to include Goldwyn and Selzmek.
3 Matter of Metro-Goldwyn-Maier Studios aiul Motion Picture Producers Assn et at. and
Screen Writers Guild, Ina., 7 N L R. B 662
4 The parties agreed that Columbia, Loew' s, Hal Roach , Fox, and Universal were referred
to respectively in that Decision as Columbia Pictures Corp Studios, Metro-Goldwyn-Mayer
Studios, Hal E Roach Studios, Twentieth Century-Fox Film Corp., and Universal Pictures
Corp The statements concerning the businesses of the Companies herein appear in 7
N L R B at the following pages : Columbia, page 677; Loew's, page 672; R K 0, page
679; Republic, page 676; Hal Roach, page 684; Fox , page 680; Universal , page 680;. and
Wanger , page 675. -
G R. K. 0., Columbia , and Hal Roach entered into this stipulation subject to their objec-
tion to the jurisdiction of the Board , on the ground that they are not engaged in interstate
commerce Fox , Loew 's, Universal , and Republic entered into the stipulation subject to all
of the objections urged by them in the prior Decision
COLUMBIA PICTURES CORPORATION 711
`ization admitting to its membership all office and clerical employees
of the Companies. _
Stenographers, Typists, Bookkeepers and Assistants Union, Local
No. 20798', affiliated with the American Federation of Labor, is a' labor
-organization admitting to its membership all casting directors and
assistant casting directors of the Companies.
20th Century Fox Studio Office Employees Guild is an unaffiliated
'labor organization admitting to its membership all office and clerical
employees of Fox.
III. THE QUESTIONS CONCERNING REPRESENTATION
At the hearing the parties stipulated that on or about April 1, 1940,
the Guild requested each of the Companies to recognize it•as the ex-
clusive bargaining representative of their clerical and office employees
and that each of the Companies withheld such recognition on the
ground that they did not know who was entitled to represent such
employees.
At the hearing a report on the membership claims of the Guild
and the Fox Guild was introduced in evidence. The report, which
was made by the Regional Director, shows that the Guild and the'
Fox Guild represent a substantial number of employees within the
respective units claimed by them to be appropriate.e
We find that questions have arisen concerning the representation
of employees of the Companies. -
6 Local 20798 refused to permit the Regional Director to retain cards submitted by it in support of its
claim to represent employees of the Companies for the purpose of checking them against narr es of persons
appearing on the Companies ' pay rolls However, at the hearing , it submitted 14 cards to the Trial Ex-
aminer in support of its claim to represent the casting directors and assistant casting directors of then
Companies.
In support of its claim to represent employees of each of the Companies in the units herein found appro-
priate the Guild submitted membership application cards to the Regional Director, as follows
Company
No of cards
submitted by
the Guild I
No of em-
ployees in
appropriate
unit 2
Loew's -------------------------------------------------------------- 346 563
Columbia ------------------------------------------------------------- 135 176
R K 0------------------------------------------------------------- 163 235
Republic-------------------------------------------------------------- 48 60
Hal Roach -------------------------------------- 14 32
Fot_ ------------------------------- -_ 3 247 450
Universal--------------------------------------------------------- - '113 146
Wanger------------------------------------------------------------ 10 9
i The figures below indicate the number of Guild cards which were signed by employees whose
names appeared on the pay rolls of the Companies checked by the Regional Director The dates of
the pay rolls used varied for the different Companies, but they were all for a period during the months
of May, June, and July, 1940
2 The figures below are based on pay rolls of the Companies dated between August 17and 28,1940.
The differences in the pay -roll dates used in securing the figures in this and the preceding column of
figures, accounts for the apparent discrepancies , in some instances , in such figures
3 The Fox Guild submitted to the Regional Director 306 membership application cards signed by
employees of Fox in the unit herein found appropriate
i
712 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of the Com-
panies referred to in Section I above, have a close, intimate, and
substantial relation to trade, traffic, and commerce among the several
States, and tend to lead to labor disputes burdening and obstructing
commerce and the free flow of commerce.
V. THE APPROPRIATE UNITS
The Guild agreed with each Company as to the classes of em-
ployees of that Company which constitute a unit appropriate for
the purposes of collective bargaining as follows :
R. K. 0.: All office, clerical, secretarial, and accounting employees,
office and tabulating-machine operators, switchboard operators, and
messengers, rendering services at the Los Angeles County studios
of the R. K. 0. Radio Pictures, Inc., excluding, however, outside
messengers attached to the transportation department, laboratory
shipping clerks, script clerks, personal secretaries to officers of the
corporation, personal secretaries to the following officials: the gen-
eral production manager, the studio treasurer and the executive in
charge of public relations, head of the legal department, comp-
troller, and also excluding those persons who perform executive,
"administrative, or supervisory functions for a substantial portion
of their working time, or who have the right to hire or fire, or per-
sons who have the right to recommend with respect thereto and
whose recommendations with respect thereto are generally followed;
HAL ROACH: All office, clerical, secretarial, and accounting em-
ployees, office and tabulating-machine operators, switchboard oper-
ators and messengers, rendering services at the Los Angeles County
studios of Hal Roach Studios, Inc., excluding, however, outside mes-
sengers attached to the transportation department, laboratory ship-
ping clerks, script clerks, personal' secretaries to officers of the cor-
poration, personal secretaries to the following officials : the general
production manager, the studio treasurer, and the executive in charge
cf public relations, and also excluding those persons who perform
executive, administrative, or supervisory functions for a substantial
portion of their working time or who have the right to hire or fire,
or persons who have the right to recommend with respect thereto and
whose recommendations with respect thereto are generally followed;
COLUMBIA : All office, clerical, secretarial, and accounting employees,
office and tabulating-machine operators, switchboard operators and
messengers, rendering servicer at the Los Angeles County studios
COLUMBIA PICTURES CORPORATION 713'
of the Columbia Pictures Corporation, excluding, however, outside
'messengers attached to the transportation department," laboratory
shipping clerks, script clerks, personal secretaries to officers of the
corporation, personal secretaries to the following officials : the general
production manager, the studio treasurer and the executive fn charge,
of public relations, head of the legal department, and also excluding
those persons who perform, executive, administrative, or supervisory
functions for a substantial portion of their working time, or who'
have the,right to hire or fire, or persons who have the right to recom-
mend with respect thereto and whose recommendations with respect
thereto are generally followed;
Fox : All office, clerical, secretarial, and accounting employees,,
office and tabulating-machine operators, switchboard operators, and
messengers, rendering services at the Los Angeles County studies
of 20th Century Fox Film Corporation, excluding, however, outside-
messengers attached to the transportation department, laboratory
shipping clerks, script clerks, personal secretaries to officers of the,
corporation, personal secretaries to the following officials: general
production manager, executive producer, studio treasurer, and execu-
tive in charge of public relations, and also excluding those persons
who perform executive, administrative, or supervisory functions for
a substantial portion of their working time, or who have the right
to hire or fire, or who have the right to recommend with respect
to hiring or firing, and whose recommendations are generally
followed ; 7
UNIVERSAL : All office, clerical, secretarial, and accounting em-
ployees, office and tabulating-machine operators, switchboard opera-
tors and messengers, rendering services at the Los Angeles County
studios of Universal Pictures Company, Inc., excluding, however,
outside messengers attached to the transportation department, script-
clerks and laboratory shipping clerks, personal secretaries to officers,
of the corporation, personal secretaries to the general manager of the
studio and the manager of studio operation, those persons who per-
form executive, administrative, or supervisory functions for a sub-
stantial portion of their working time or who have the right to hire-
or fire or who have the right to recommend with respect thereto -and
whose recommendations are generally followed ;
Loew's : All office, clerical, secretarial, and accounting employees,
office and tabulating-machine operators, switchboard operators and
messengers, rendering services at the Los Angeles County studios
of Loew's, Inc., excluding, however, outside messengers attached to
the transportation department, script clerks and laboratory shipping
clerks, personal secretaries to officers of the corporation,, personal sec-
7 The Fox Guild also agreed to this unit.
7'14 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
retaries to the following ofcials : the executive head of the studio,
the studio manager, the comptroller , the executive head in charge of
the cartoon studio, the executive head in charge of the shorts studio,
and executive producers who participate with other executives in
the framing of general studio policies , those persons who perform
executive, administrative , or supervisory functions for a substantial
portion of their working time or who have the right to hire or fire
or who have the right to recommend with respect thereto and whose
recommendations are generally followed;
REPUBLIC : All office , clerical , secretarial , and accounting employees,
office and tabulating-machine operators , switchboard operators and
messengers , rendering services at the Los Angeles County studies
of Republic Productions , Inc., excluding , however, the following :
outside messengers attached to the transportation department , script
clerks and laboratory shipping clerks, personal secretaries to officers
of the corporation , those persons who perform executive , adminis-
trative, or supervisory functions for a substantial portion of their
working time or who have the right to hire or fire or who have the
right to recommend with respect thereto and whose recommendations
are generally followed;
WANGER : All office, clerical , secretarial , and accounting employees,
office and tabulating -machine operators , switchboard operators and
messengers , rendering services at the Los Angeles County studies
of Walter Wanger Productions , Inc., excluding , however, outside
messengers attached to the ' transportation department , laboratory
shipping clerks, script clerks, personal secretaries to officers of the
corporation , personal secretaries to any of the following officials : the
general production manager, the studio treasurer and the executive
in charge of public relations , and also excluding those persons who
perform , executive , administrative , or supervisory duties for a sub-
stantial portion of their working time or who have the right to hire
or fire or to recommend with respect thereto and whose recommenda-
tions are generally followed. '
Local 20798 contends that all casting directors and assistant casting
directors without the right to hire or discharge constitute a separate
unit appropriate for the purposes of collective bargaining . It main-
tains that all employees who perform any casting work whatsoever
are casting directors or assistant casting directors . The Guild, the
Fox Guild, and the Companies do not contend that the casting direc-
tors and assistant casting directors should be included within the
appropriate unit. , However, the Guild, the Fox Guild, and the Com-
panies agree that the unit stipulated by them to be appropriate include
casting clerks , secretaries , assistant secretaries , and typists employed
,COLUMBIA PICTURES CORPORATION 715
in the casting department.s' Local 20798, by its definition of casting
directors and. assistant casting directors, includes the casting clerks
within the unit desired by it .9
Casting clerks perform the task of contacting players known as
extras 10 who are needed for the production of motion pictures. The
casting clerks exercise no discretion in their selection. The assist-
ant casting director sends to the casting clerks the requisition
for the extras containing descriptive data such as age, type, number,
and costume required. The casting clerks contact the extras directly
or teletype the requisition to Central Casting Corporation, an agency
which procures and furnishes extras to motion picture studios, and
distribute vouchers to the extras entitling them to admission to the'
studios. They also maintain records of extra talent containing
information concerning types, ages, and races.
Casting clerks were included among the other clerical and office
employees- covered by the only three collective bargaining contracts
affecting clerical and office employees of the Companies that have been
entered into, namely, between the Fox Guild and Fox entered into
September 1937, between Columbia Studio Office Employees Associa-
tion and Columbia, October 1937, and between Metro-Goldwyn-Mayer
Studio Office Employees Guild and Loew's, September 1937.
We see no reason for not including in the agreed unit casting clerks
as well as other casting employees whose work is of a clerical nature.
We shall not, however, include casting directors and assistant casting
directors.
We find that the units agreed upon by the Guild, the Fox Guild, and
the Companies, as set forth above, including the casting clerks, and
excluding casting directors and assistant casting directors, of each of
the Companies, except Wanger, constitute units appropriate for the
purposes of collective bargaining, and that said units will insure to
the employees of each of the Companies the full benefit of their right
to self-organization and to collective bargaining and otherwise effec-
tuate the policies of the Act. We further find that the unit agreed
upon by the Guild and Wanger, as set forth above, constitutes a unit
appropriate for the purposes of collective bargaining, and that said
8 Loew's Republic , and Universal took no position on the inclusion of the casting em-
ployees in the appropriate unit although they agreed that the stipulated units were broad
enough to include these employees . Walter Wanger Productions , Inc, does not employ
casting employees
9 The precise position of Local 20798 is not clear It introduced no evidence in support
of its contention or definition It does not contend that secretaries , assistant secretaries,
and typists employed in the casting department should be included in the unit desired by it
On August 30, 1940, it filed a petition with the Regional Director requesting an investiga-
tion and certification of the representatives of the casting directors and assistant casting
directors employed by the Companies.
10 Extras do not have speaking parts
716 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
unit will insure to the employees of said Company the'full benefit of
their right to self-organization and to collective bargaining and other-
wise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the questions concerning representation which have
arisen can best be resolved by elections by secret ballot.
The Guild, the Fox Guild, in so far as it is here concerned-, and each
of the Companies, with respect to its own employees, agree that the
employees whose names appear on the lists attached to Petitioner
Exhibits Nos. 1 to 8, inclusive, shall be eligible -to vote. The names
of casting employees within the appropriate units employed by Loew's,
Universal, and Republic were not included in the list of names sub-
mitted by each of these Companies." The Companies in question stip-
ulated with the Guild that the following casting employees whose
names do not appear on said lists shall be included among those eligible
to vote : Katherine Wood, Audrey Van Dusen, Vivien Parmalee, Jean-
ette Walker, Ed Cook, Ernest Ohman, Cirwin Coughlin, Larry Star-
buck, and Jack Bauer, casting employees of Loew's; Claire Reivman
and Paul Cox, casting employees of Universal; and Betty Pagel, Nick
Treosti, and Nate Edwards, casting employees of Republic.
We shall direct that the persons whose names appear on Petitioner
Exhibits Nos. 1 to 8, inclusive, and the casting employees named above
shall be eligible to vote in the respective elections, as hereinafter
directed.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation of employees of each of the Companies, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
2. All office, clerical, secretarial, and accounting employees, office
and tabulating-machine operators, switchboard operators and messen-
gers, rendering services at the Los Angeles County studios of R. K. O.
Radio Pictures, Inc., including casting clerks, excluding, however,
casting directors and assistant casting directors, outside messengers
attached to the transportation department, laboratory shipping
clerks, script clerks; personal secretaries to officers of the corporation,
personal secretaries to the following officials : the general production
manager, the studio treasurer and the executive in charge of public
11 The lists are attached to Petitioner Exhibits Nos . 5, 6, and 7.
COLUMBIA PICTURES CORPORATION 717
relations, head of the legal'department, comptroller, and also excluding
those persons who perform executive , administrative , or supervisory
functions for a substantial portion of their working time, or who have
the right to hire or fire, or persons who have the right to recommend
with respect thereto and whose recommendations with respect , thereto
are generally followed, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (c) of the
National Labor Relations Act.
3. All office, clerical , secretarial , and accounting employees, office
and tabulating-machine operators , switchboard operators and mes-
sengers, rendering services at the Los Angeles County studios of Hal
Roach Studios, Inc., including casting clerks, excluding, however,
casting directors and assistant casting directors , outside messengers'
attached to the transportation department , laboratory shipping
clerks, script clerks , personal secretaries to officers of the corporation,
personal secretaries to the following officials: the general production
manager, the studio treasurer , and the executive in charge of public
relations , and also excluding those persons who perform executive,
.administrative, or supervisory functions for a substantial portion of
their working time or who have the right to hire or fire, or persons who
have the right to recommend with respect thereto and whose recom-
mendations with respect thereto are generally followed, constitute a
unit appropriate for the .purposes of collective bargaining within the
meaning of Section 9 ( c) of the National Labor Relations Act.
4. All office, clerical , secretarial , and accounting employees, office
and tabulating-machine operators , switchboard operators and messen-
gers, rendering services at the Los Angeles County studios of the
Columbia Pictures Corporation, including casting clerks, excluding,
however, casting directors and assistant casting directors, outside
messengers attached to the transportation department, laboratory
shipping clerks , script clerks , personal secretaries to officers of the
corporation , personal secretaries to the following officials : the general
production manager, the studio treasurer and the executive in charge
of public relations, head of the legal department , and also excluding
those persons who perform executive , administrative , or-.supervisory
functions for a substantial portion of their working time, or who have
the,right to hire or fire, or persons who have the right to recommend
with respect thereto and whose recommendations with respect thereto
are generally followed, constitute a unit appropriate for the purposes
.of collective bargaining within the meaning of Section 9 (c) of the
National Labor Relations Act.
5. All office , clerical, secretarial , and accounting employees, office and
tabulating -machine operators, switchboard operators , and messengers,
rendering services at the Los Angeles County studios of 20th Century
718 DECISIONS OF' NATIONAL LABOR; RELATIONS ' BOARD
Fox Film Corporation, including casting clerks, excluding, how-
ever, casting directors and assistant casting directors, outside messen-
gers attached to the' transportation department, laboratory shipping
clerks, script clerks, personal secretaries to officers of the corporation,
personal secretaries to the following officials: general production man-
ager, executive producer, studio treasurer, and executive in charge of
public relations, and also excluding those persons who perform execu-
tive, administrative, or supervisory functions for a substantial portion
of their working time, or who have the right to hire or fire, or who
have the right to recommend-with respect to hiring or firing, and whose
recommendations are generally followed, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Section
.9 (c) of the National Labor Relations Act.
6. All office, clerical, secretarial, and accounting employees, office
and tabulating-machine operators, switchboard operators and messen-
gers, rendering services at the Los Angeles County studios of Univer-
sal Pictures Company, Inc., including casting clerks, excluding
holvever, casting directors and assistant casting directors, outside
messengers attached to the transportation department, script clerks
and laboratory shipping clerks, personal secretaries to officers of the
corporation, personal secretaries to the general manager of the studio
and the manager of studio operation, those persons who perform exec-
utive, administrative, or supervisory functions for a substantial por-
tion of their working time, or who have the right to hire or fire, or
who have the right to recommend with respect thereto and whose
recommendations are generally followed, constitute a unit appropriate
for the,purposes of collective bargaining within the meaning of Sec-
tion 9 (c) of the National Labor Relations Act.
7. All office, clerical, secretarial, and accounting employees, office
and tabulating-machine operators, switchboard operators and messen-
gers, rendering services at the Los Angeles County studios of Loew's,
Inc., including casting clerks, excluding, however, casting directors
and assistant' casting directors, outside messengers attached to the
transportation department, script clerks and laboratory shipping
clerks, personal secretaries to officers of the corporation, -personal
secretaries to the following officials: the executive head of the studio,
the studio manager, the comptroller, the executive head in charge of
the cartoon studio, the executive head in charge of the shorts studio,
and executive producers who participate with other executives in the
framing of general studio policies, those persons who perform execu-
tive, administrative, or supervisory functions for a substantial portion
of their working time, or who have the right to hire or fire, or who have
the right to recommend with respect thereto and whose recommenda-
tions are generally followed, constitute a unit appropriate for the
COLUMBIA PICTURES CORPORATION 719
purposes of collective bargaining within the meaning of Section 9 (c)
of the National Labor Relations Act.
8. All office, clerical, secretarial, and accounting employees, office
and tabulating-machine operators, switchboard operators and mes-
sengers, rendering services at-the Los Angeles County studios of Re-
public Productions, Inc., including casting clerks, excluding, however,
casting directors and assistant casting directors, outside messengers
attached to the transportation department, script clerks and laboratory
shipping clerks, personal secretaries to officers of the corporation,
those persons who perform executive, administrative, or supervisory
functions for a substantial portion of their working time or who have
the right to hire or fire, or who have the right to recommend with
respect thereto and whose recommendations are generally followed,
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (c) of the National Labor Relations
Act
9. A11 office, clerical, secretarial, and accounting employees, office
and tabulating-machine operators, switchboard operators and messen-
gers, rendering services at the Los Angeles County studios of Walter
Wanger Productions, Inc., excluding, however, outside messengers
attached to the transportation department, laboratory shipping clerks,
script clerks, personal secretaries to officers of the corporation, personal
secretaries to any of the following officials : the general production
manager, the studio treasurer, and the executive in charge of public
relations, and also excluding those persons who perform executive,
administrative, or supervisory duties for a substantial portion of their
working time, or who have the right to hire or fire, or to recommend
with respect thereto and whose 'recommendations are generally fol-
lowed, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (c) of the National Labor
Relations Act.
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 Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DutsorED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining,
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 supervision of the Regional Director for the Twventy-
first Region, acting in this matter as agent for the National Labor
720 -DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Relations Board and subject to Article III, Section 9, of said Rules
and Regulations, among the following groups of employees:
(1) The employees of Columbia Pictures Corporation of Los An-
geles, California, whose names appear on the list attached to Petitioner
Exhibit No. 3, to determine whether or not they desire- to be repre-
sented by Screen Office Employees Guild for the purposes of collective
,bargaining;
(2) The employees of Loew's, Inc., of Los Angeles, California,
whose names appear on the list attached to Petitioner Exhibit No. 6
and the following casting employees : Katherine Wood, Audrey Van
Dusen, Vivien Parmalee, Jeanette Walker, Ed Cook, Ernest Ohman,
,Cirwin Coughlin, Larry Starbuck, and Jack Bauer, to determine
whether or not they desire to be represented by Screen Office Employees
Guild, for the purposes of collective bargaining;
(3) The,employees of R. K. O. Radio Pictures, Inc., of Los Angeles,
California, whose names appear on the list attached to Petitioner
Exhibit No. 1, to determine whether or not they desire to be repre-
sented by Screen Office Employees Guild, for the purposes of collective
bargaining;
(4) The employees of Republic Productions, Inc., of Los Angeles,
California, whose names- appear on the list attached to Petitioner
Exhibit No. 7 and the following casting employees : Betty Pagel, Nick
Treosti, and Nate Edwards, to determine whether or not they desire
to be represented, by Screen Office Employees Guild, for the purposes
of collective bargaining;
(5) The employees of Hal Roach Studios, Inc., of Los Angeles,
California, whose names appear on the list attached to Petitioner
Exhibit No. 2, to determine whether or not they desire to be represented
by Screen Office Employees Guild, for the purposes of collective
bargaining;
(6) The- employees of Universal Pictures, Inc., of Los Angeles,
California, whose-names' appear on the list attached to Petitioner
Exhibit No. 5 and the following casting employees : Claire Reivinan
quid Paul Cbx, to determine whether or not they desire to be repre-
sented by the Screeii Office Employees Guild, for the purposes of
collective bargaining;
(7) The employees of Walter Wanger Productions, Inc., of Los
Angeles, California, whose names appear on the list attached to Peti-
tioner Exhibit No. 8, to determine whether or not they desire to be
represented by Screen Office Employees Guild, for the purposes of
collective bargaining; and
(8) The employees of 20th Century Fox Film Corporation, of Los
Angeles, California, whose names appear on the list attached to Peti-
tioner Exhibit No. 4, to determine whether they desire to be represented
COLUMBIA PICTURES CORPORATION 721
by Screen Office Employees Guild or by 20th Century FoN Studio Office
Employees Guild, for the purposes of collective bargaining, or by
neither.
ORDER
IT IS HEREBY ORDERED that the petitions for investigation and certifica-
tion of representatives of employees of Selznick International Pic-
tures, Inc., and Samuel Goldwyn, Inc., Ltd., of Los Angeles, California,
filed by Screen Office Employees Guild, be, and they hereby are
dismissed.
323428-42-vol. 27-47