Consolidated Film Industries, Inc.

National Labor Relations Board - Board Decisions

Sep 10, 1942

43 N.L.R.B. 1230 (N.L.R.B. 1942)

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Iii the Matter Of CONSOLIDATED FILM INDUSTRIES,' INC. and UNITED
PHOTOGRAPHIC EMPLOYEES UNION
Case No. R-4223.-Decided September 10„19442
Jurisdiction : motion picture film processing and related accessories manufac-
turing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board;, election
necessary.
Unit Appropriate for Collective Bargaining : all office and clerical employees
employed at one of Company 's plants, excluding supervisory employees and any
employees covered by existing bargaining contracts between Company and
any other union ; stipulation as to.
Mr. Joseph E. McMahon, of New York City, for the Company.
Mr. Mack Young, of New York City,-for the Union.
Mr. David Karasick, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On amended petition duly filed by United Photographic Employees
Union, an unaffiliated labor organization, herein called the Union,
alleging that a question affecting commerce had arisen, concerning the
representation of employees of Consolidated Film Industries, Inc., Fort
Lee, New Jersey, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Frederick R. Livingston, Trial Examiner.' Said hearing was
held at New York City on August 27, 1942. The Company and the
Union appeared'and participated in the hearing.' All parties were
afforded full opportunity to be heard, to examine and cross-examine
witnesses and to introduce evidence bearing on the issues. 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
1. THE BUSINESS OF THE COMPANY
Consolidated Film Industries , Inc., a Delaware corporation, main-
- tains its principal office-in New York City and manufacturing plants'
43 N. L . R. B., No. 192. V
1230
CONSOLIDATED FILM INDUSTRIES, INC. 1231
at Fort Lee, New Jersey, and Los Angeles, California, where it is
engaged in the processing of motion picture film` and the manufacture
of related accessories. The Company's purchases of raw materials at
its Fort Lee, New Jersey, plant, the only plant of the Company in-
volved in this proceeding, during the 6 months' period prior to the
hearing herein, amounted to approximately $1,000,000, of which 90
percent was derived from States other than New Jersey. The Com-
pany's sales of finished products during the same period amounted to
approximately $1,325,000, of which approximately 95 percent repre-
sented shipments to States other, than New Jersey. The Company
concedes that it is engaged in commerce, within the meaning of the
National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Photographic Employees Union is an unaffiliated labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company will not recognize or bargain with the Union unless
it is certified by the Board., -
A statement of the Regional Director introduced in evidence at
the hearing shows that the Union represents a substantial number
of employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
office and clerical employees employed at the Company's plant at
Fort Lee, New Jersey, excluding supervisory employees and any
'employees now covered by existing collective bargaining contracts
between the Company and any other union, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section'9 (b) of the Act.
1 The Regional Director reported that the Union presented 17 authorization cards, all
of which were dated in July 1942, and all but one of-which appeared to bear genuine
of iginal signatures ; that all of the 16 authorization cards which appeared to bear genuine
original signatures contained the names of persons whose names also appeared on'the
Company's pay roll of June 24, 1942, among the 34 persons in the alleged appropriate
unit listed on the pay ioll for that date During the course of the hearing the petitioner
submitted six additional authorization cards to the Trial Examiner who reported that
all the cards so submitted bore apparently genuine original signatures ; that five of the
cards were dated between July 26 and July 30, 1942, and one card was undated , and that
all the cards bore the names of persons whose names also appeared on the Company's
pay roll of June 24, 1942, in the unit agreed upon as appropriate.
1232 DECISIONS O'$, NATIONAL LABOR RELATIONS BOARD
V.. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTION
'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 Rela-
tions 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 Consolidated Film
Industries, Inc., at its Fort Lee, New Jersey, plant, an election by
secret ballot shall be conducted as early as possible, but not later than
thirty (30) days from,the date-of this Direction of 'Election, under
the direction and supervision of the Regional Director for the Second
Region, acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Section 9, of said Rules and Regu-
lations, among the employees in the unit found appropriate in Section
IV above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including any such employees who
did not work during the said pay-roll period 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 any who have since quit or
been discharged for cause, to determine whether or not they desire to
be represented by United Photographic Employees Union, for the
purposes of collective bargaining.