Fleischer Studios, Inc.

National Labor Relations Board - Board Decisions

Aug 3, 1937

3 N.L.R.B. 207 (N.L.R.B. 1937)

In the Matter Of FLEISCHER STUDIOS, INC. and COMMERCIAL ARTISTS
& DESIGNERS UNION-AMERICAN FEDERATION OF LABOR
Case No. R-160.-Decided August 3, 1937
Film Industry-Investigation of Representatives : controversy concerning rep-
resentation of employees : refusal by employer to recognize union as exclusive
representative-Strike: caused by employer 's refusal to recognize and bargain
with union-Unit Appropriate for Collective Bargaining : production employees;
functional coherence ; occupational differences ; eligibility for membership
in only organization among employees-Election Ordered-Certification of
Representatives.
Mr. Lester M. Levin for the Board.
Mr. Louis Nizer, of Phillips and Nizer, New York City, for the
Company.
Mr. Martin Popper, of New York City, for the Union.
Mr. Richard J. Hickey and Mr. Henry W. Lehmann, of counsel
to the Board.
DECISION
STATEMENT OF TIIE CASE
On May 3, 1937, Commercial Artists and Designers Union, Local
No. 20329, herein called the Union, filed with the Regional Director
for the Second Region (New York, New York) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of the production employees engaged in the production of
animated motion pictures in the studios of Fleischer Studios, Inc.,
herein called the Company, located at 1600 Broadway, New York,
New York, and requesting the National Labor Relations Board,
herein called the Board, to conduct an investigation pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On May 24, 1937, the Board, acting pursuant to
Section 9 (c) of the Act and Article III, Section 3 of National Labor
Relations Board Rules and Regulations-Series 1, as amended,
authorized the Regional Director to conduct an investigation and to
provide for an appropriate hearing. On June 3, 1937, the Regional
Director issued a notice of a hearing to be held at New York, New
York, on June 10, 1937, copy of which was duly served upon the
207
208 NATIONAL LABOR RELATIONS BOARD
Company. The hearing was adjourned to June 16, 1937, in accord-
ance with an oral notice of adjournment agreed to by counsel.
Pursuant to the notice of hearing and notice of adjournment, a
hearing was held at New York, New York, on June 16 and 17, 1937,
before H. R. Korey, the Trial Examiner duly designated by the
Board. The Board, the Company, and the Union were represented
by counsel and participated in the hearing. Full opportunity to be
heard, to examine and cross -examine witnesses , and to introduce evi-
dence bearing on the issues was afforded all parties . The Board has
reviewed the Trial Examiner's rulings upon the Company's motions
and objections and finds that no errors were committed . Such rul-
ings are hereby affirmed.
Upon the entire record in the case the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Fleischer Studios, Inc. is a New York corporation, having its
principal office and place of business in New York, New York. The
Company produces and sells animated motion picture cartoons,
namely, the Betty Boop series , the Pop Eye series , Color Classics and
Screen Songs. The Company has several registered trade marks
for use in interstate commerce.
Since its incorporation about seven years ago , the Company, each
year, has entered into a written contract with Paramount Pictures
Inc. whereby the latter has purchased the Company's animated mo-
tion picture cartoons and has been the exclusive distributing agency
for the Company. During 1936, the Company produced 36 animated
motion picture cartoons for Paramount Pictures Inc., which dis-
tributed them to motion picture theatres throughout the United
States and foreign countries . Fifteen per cent of the animated mo-
tion picture cartoons consisted of colored films, which were shipped
without the State of New York to the Technicolor Company located
in Hollywood, California , for further processing before being de-
livered to Paramount Pictures Inc.
The principal raw materials used by the Company are paper,
pencils, paints , celluloid , and motion picture film. In 1936, the
-sum of $15,000 was expended for such raw materials, of which about
$4,000 was spent for celluloid purchased and shipped from the
Jersey Products Company, located in Newark, New Jersey. The
Company's annual sales, for 1936, were approximately $500,000.
As of April 30, 1937, 142 employees were employed by the Com-
pany in the artistic production of the animated films, consisting of
the animation , background, in-between, timing, planning, coloring
DECISIONS AND ORDERS 209
and opaquing, and inking departments. There were 53 employees
of the Company in the story, camera, music, clerical, and maintenance
departments.'
II. THE UNION
Commercial Artists and Designers Union, Local No. 20329, is a
labor organization admitting to membership 2 all production em-
ployees of the Company except supervisory, story, camera, music,
clerical, and maintenance employees. There are approximately 400
members in the Union who are engaged in all phases of designing
in the advertising, textile, fashion, and industrial fields. It is a
local union affiliated with the American Federation of Labor and
confined to the geographical limitations of New York, New York.
The Union claims to represent a majority of the Company's pro-
duction employees.
III. THE APPROPRIATE UNIT
In its petition the Union alleged that the production employees,
that is, all of the Company's employees except supervisory, story,
music, camera, clerical, and maintenance employees, constitute a unit
appropriate for the purposes of collective bargaining. The Union
contended that, if an election is ordered by the Board, it should be
conducted on the basis of such unit.
On the other hand, the Company contended that the animation
department employees constitute a unit appropriate for the pur-
poses of collective bargaining separate and distinct from the re-
mainder of the production employees, and that if an election is
ordered such department employees should be voted separately from
the remainder of the production employees. In support of its conten-
tion that the animation department employees constitute an appro-
priate unit, the Company advanced the following reasons: (1) These
employees are the most skilled employees in the studio and are,
generally, under written contract due to competition in the in-
dustry for their services; (2) "The animator is the artist, whereas
the others are artisans ." The animator is the creative artist who
is able to visualize scenes, direct, act, write poetry, and do the work
of the remaining production employees; (3) these employees, as a
group, receive higher wages than any other group of the remaining
production employees, and, in some cases, they receive screen credit;
(4) a communication," dated June 15, 1937, addressed to the Board,
and signed by 29 animators and assistant animators, requested that
' Board 's Exhibit No 1-Pay roll of April 30, 1937.
2 Board's Exhibit No. 3-Constitution and By-Laws of Union
8 Company ' s Exhibit No. 1.
210 NATIONAL LABOR RELATIONS BOARD
they be considered a separate unit appropriate for the purposes of
collective bargaining.
However, other considerations urge us to the view, as contended
by the Union, that all of the production employees, including the
animation department employees, except supervisory, story, music,
camera, clerical, and maintenance employees, constitute one single
unit appropriate for the purposes of collective bargaining.
The evidence showed that all production employees of the Com-
pany are usually required, at the time they apply for positions, to
submit proof of their artistic ability and are hired because of such
ability. The production employees invariably commence work in the
opaquing or coloring department and advance through the various
departments to the animation department. A witness for the
Union testified that 24 or 25 of the present animators have advanced
from the opaquing department to the animation department, in
which there are 35 animators and assistant animators. The Com-
pany admitted that 15 to 20 animators were given such advance-
ment. The testimony further indicated that, since 1936, eight of the
in-between department employees were promoted to the animation
department. The artistic ability of the production employees is
a necessary part of their successful performance. As a result of
the specialized and distinctive training and experience obtained by
such employees, many of them are capable and fitted to advance
within a reasonable period of time to the animation department.
In the artistic production of an animated motion picture cartoon,
the functions of animation, background; in-between, planning, opa-
quing and coloring, and inking departments are combined in a highly
integrated fashion. Each department in turn contributes its share
of work to the finished film. Every individual department cooper-
ates fully with every other one in the artistic development of the
completed product. They depend upon the ability of each other
and work closely together.
Although the animators and assistant animators, as a group, re-
ceive higher wages than any other group of production employees,
the Company admitted that the employees in the timing department
received as high if not higher wages than the assistant animators,
and that the employees in the background department received higher
wages than several assistant animators. All production employees
are employed on a weekly salary basis rather than on an hourly
salary basis. The animation department employees are eligible for
membership in the Union.
The aforesaid communication dated June 15, 1937, signed by 29
of the animators and assistant animators, was prepared by the
Company's counsel, and the signatures of the employees were ob-
DECISIONS AND ORDERS 211
tamed by Buckwald, the Company's assistant treasurer, the day
before the hearing in this case, when he called them in as a group
and suggested that they sign the letter. Under these circumstances,
we cannot give the letter any weight.
The record shows that there are 13 production employees engaged
in supervisory capacities; one head supervisor, six group supervisors
in the animation department, and one supervisor in the background,
in-between, timing, planning, coloring and opaquing, and inking
departments, respectively. Their duties involve in part the assign-
ment of work to the different employees in their respective depart-
ments, the safe-keeping of production records, and the checking on
the work performed in their respective departments. The manage-
rial responsibility for the animated motion picture cartoon, upon
which the group or department is working under their general direc-
tion, rests on them. We find that the 13 production employees who
also have supervisory duties should not be included in the unit.
The interdependence and functional coherence of the various de.
partments engaged in the artistic production of films, the eligibility
of all production employees in the studio, with certain reservations
herein stated, to membership in the Union, the opportunity for ad-
vancement given to trained and experienced employees, all compel
us to take the view that the production employees, including animators
and assistant animators, but excluding employees with supervisory
duties, and story, music, camera, clerical, and maintenance employees,
constitute a unit appropriate for the purposes of collective bargain-
ing. In order to insure the Company's production employees the
full benefit of their right to self-organization and collective bargain-
ing, and otherwise to effectuate the policies of the Act, we find that
all of the Company's production employees, including animators,
and assistant animators, but excluding employees with supervisory
duties, story, music, camera, clerical, and maintenance employees,
constitute a unit appropriate for the purposes of collective bargaining.
IV. QUESTION CONCERNING REPRESENTATION
About March 1937, the Union began a campaign for membership
in its organization among the employees of the Company. Dur-
ing the following month and the early part of May 1937, the Union
unsuccessfully attempted to gain recognition by the Company as the
exclusive representative of its production employees for the purposes
of collective bargaining. The Company's refusal to recognize the
Union as such exclusive representative resulted in a strike being
called on May 7, 1937, and in the filing of the petition in this case.
We find that a question has arisen concerning the representation
of the production employees employed by the Company.
212 NATIONAL LABOR RELATIONS BOARD
V. THE EFFECT OF THE QUESTION OF REPRESENTATION ON COMMERCE
The Company waived any objection to the Board's jurisdiction.
We find that the question concerning representation which has arisen,
occurring in connection with the operations of the Company described
in Section I above, has a close , intimate , and substantial relation to
trade, traffic , and commerce among the several States, and has led
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce . We further find that this
question can only be resolved by means of an election by secret ballot.
VI. CONDUCT OF ELECTION
The pay roll date to be used for the purpose of election shall be
April 30, 1937. As of that date, the Company employed 195 em-
ployees, of whom 142 employees were engaged in the artistic produc-
tion of films. We find that Miss M. Schwartz , who is listed on said
pay roll as an employee of the timing department , is a clerical em-
ployee not entitled to vote herein . The 15 striking employees, whose
discharges by the Company are alleged to be due to their union
activity and whose case is now before us , shall be entitled to vote,
but their ballots shall be kept segregated . Whether their votes shall
be counted , will depend upon our ultimate decision in the complaint
case based on their charge. However, if the 15 votes are not neces-
sary for the determination of the election , they shall be destroyed.
If they will determine the election herein, then they will or will not
be counted depending upon our final decision in said case.
CONCLUSIONS OF LAW
Upon the basis of the above findings of fact, the Board makes the
following conclusions of law:
1. All production employees of Fleischer Studios, Inc., including
animators and assistant animators , but excluding employees with
supervisory duties, story , music, camera , clerical , and maintenance em-
ployees, constitute a unit appropriate for the purposes of collective
bargaining , within the meaning of Section 9 (b) of the National
Labor Relations Act.
2. A question affecting commerce has arisen concerning the repre-
sentation of the employees in the aforesaid unit, within the meaning
of Section 9 (c) and Section 2, subdivisions ( 6) and ( 7) of the
National Labor Relations Act.
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 Rela-
I
DECISIONS AIN'D ORDERS 213
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8 of
National Labor Relations Board Rules and Regulations-Series 1, as
amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with Fleischer
Studios, Inc., an election by secret ballot shall be conducted within 15
days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Second Region, acting in this
matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Section 9 of said Rules and Regulations, among
all of the production employees of Fleischer Studios, Inc. on its
pay roll of April 30, 1937, including animators and assistant anima-
tors, but excluding employees with supervisory duties, and story,
music, camera, clerical, and maintenance employees, to determine
whether they desire to be represented by Commercial Artists and
Designers Union, Local No. 20329 for the purposes of collective
bargaining.
[ SAME TITLE] ,
CERTIFICATION OF REPRESENTATIVES
September 10, 1937
On May 3, 1937, Commercial Artists and Designers Union, Local
No. 20329, herein called the Union, filed with the Regional Director
for the Second Region (New York, New York) a petition alleging that
a question affecting commerce had arisen concerning the representa-
tion of the production employees engaged in the production of ani-
mated motion pictures in the studios of Fleischer Studios, Inc., herein
called the Company, located at 1600 Broadway, New York, and re-
questing an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On May 24, 1937, the National Labor Re-
lations Board, herein called the Board, acting pursuant to Article
III, Section 3 of National Labor Relations Board Rules and Regula-
tions-Series 1, as amended, ordered the Regional Director to con-
duct an investigation and to provide for an appropriate hearing. On
June 3, 1937, the Regional Director issued a notice of hearing to be
held at New York, New York, on June 10, 1937. The hearing was
adjourned to June 16, 1937, in accordance with an oral notice of
adjournment agreed to by counsel.
Pursuant to the notice of hearing and notice of adjournment, a
hearing was held at New York, New York, on June 16 and continued
on June 17, 1937, before H. R. Korey, the Trial Examiner duly
49446-38-vol 11i-15
214 NATIONAL LABOR RELATIONS BOARD
designated by the Board. The Board, the Company, and the Union
were represented by counsel and participated in the hearing.
On August 3, 1937, the Board issued a decision in which it found
that a question affecting commerce had arisen concerning the rep-
resentation of the production employees of Fleischer Studios, Inc.,
and that all such production employees, including animators and
assistant animators, but excluding employees with supervisory duties,
story, music, camera, clerical, and maintenance employees, constitute
a unit appropriate for the purposes of collective bargaining in re-
spect to rates of pay, wages, hours of employment, and other con-
ditions of employment, and that the question concerning representa-
tion could only be resolved by means of an election by secret ballot.
In its decision the Board directed that an election be held among
such employees to determine whether they desired to be represented
by Commercial Artists and Designers Union, Local No. 20329, for
the purposes of collective bargaining. The decision also states :
The 15 striking employees, whose discharges by the Com-
pany are alleged to be due to their union activity and whose
case is now before us, shall be entitled to vote, but their ballots
shall be kept segregated. Whether their votes shall be counted,
will depend upon our ultimate decision in the complaint case
based on their charge. However, if the 15 votes are not neces-
sary for the determination of the election, they shall be de-
stroyed. If they will determine the election herein, then they
will or will not be counted depending upon our final decision
in said case.
On August 10, 1937, counsel for the Company requested the Board
to postpone the election pending an appeal by the Company to the
courts, and advised the Board that it would not participate or co-
operate in the holding of an election pending such appeal.. On Au-
gust 12, 1937, the Board notified counsel for the Company that, after
careful consideration of such request, it had nevertheless directed
the Regional Director for the Second Region to proceed with the
election in accordance with its decision.
Pursuant to the Board's decision, an election by secret ballot was
conducted on August 16, 1937, by the Regional Director for the
Second Region among the employees of the Company constituting
the bargaining unit found appropriate by the Board. On August
18, 1937, the Regional Director issued and duly served upon the
parties to the proceeding her Intermediate Report on the ballot.
No exceptions to the Intermediate Report have been filed by any of
the parties.
DECISIONS AND ORDERS 215
As to the results of the secret ballot the Regional Director
reported :
Total number eligible_______________________________________ 129
Total number cast__________________________________________ 74
Total number counted____ __________________________________ 60
Total number of ballots cast for Union______________________ 60
Total number of ballots cast against such Union______________ 0
Total number of blank ballots______________________________ 0
Total number of void ballots________________________________ 0
Total number of challenged ballots_____ _____________________ 0
Ballots cast by dismissed workers, which in accordance with
the Board 's decision, are not to be counted________________ 14
Inasmuch as the Union has received 60 votes in the election of
those which were counted and none of the counted votes were cast
against it, the 14 ballots of the discharged employees, regardless of
a subsequent determination as to the eligibility of such employees,
cannot determine the election, and these ballots must, therefore, be
destroyed in accordance with the Decision issued on August 3, 1937.
If the 14 votes are riot counted, the Union will have received 60 out
of 115 eligible votes, or a majority from among the employees
eligible to vote. If the 14 votes are counted, the Union will have
received 60 of the 74 votes cast from among the 129 eligible em-
ployees, or a majority of the votes in an election participated in
by a majority of the eligible employees.
Commercial Artists and Designers Union, Local No. 20329, having
been selected by a majority of the production employees of Fleischer
Studios, Inc., including animators and assistant animators, but ex-
cluding employees with supervisory duties, and story, music, camera,
clerical and maintenance employees, as their representative for the
purposes of collective bargaining, is, by virtue of Section 9 (a) of the
Act, the exclusive representative for the purposes of collective bar-
gaining of all of such employees, and we will so certify it.
Now, THEREFORE , 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 1,
as amended,
IT IS HEREBY CERTIFIED that Commercial Artists and Designers
Union, Local No. 20329, has been selected by a majority of the pro-
duction employees of Fleischer Studios, Inc., including animators and
assistant animators, but excluding employees with supervisory duties,
and story, music, camera , clerical and maintenance employees, as
their representative for the purposes of collective bargaining, and
that pursuant to Section 9 (a) of the National Labor Relations Act,
216 NATIONAL LABOR RELATIONS BOARD
Commercial Artists and Designers Union, Local No. 20329, is the
exclusive representative of all of such employees of Fleischer Studios,
Inc., for the purposes of collective bargaining in respect to rates of
pay, wages , hours of employment , and other conditions of employ-
ment.
[SAME TITLE ]
CERTIFICATION OF REPRESENTATIVES
October 8, 1937
On May 3, 1937 , Commercial Artists and Designers Union, Local
No. 20329, herein called the Union , filed with the Regional Director
for the Second Region ( New York, New York ) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of the production employees engaged in the production
of animated motion pictures in the studios of Fleischer Studios, Inc.,
herein called the Company, located at 1600 Broadway, New York,
and requesting an investigation and certification of representatives
pursuant to Section 9 (c) of the National Labor 'Relations Act, 49
Stat. 449, herein called the Act. On May 24, 1937 , the National
Labor Relations Board, herein called the Board, acting pursuant to
Article III, Section 3 of National Labor Relations Board Rules
and Regulations-Series 1, as amended , ordered the Regional Di-
rector to conduct an investigation and to provide for an appro-
priate hearing . On June 3, 1937 , the Regional Director issued a
notice of hearing to be held at New York, New York, on June 10,
1937 . The hearing was adjourned to June 16 , 1937, in accordance
with an oral notice of adjournment agreed to by counsel.
Pursuant to the notice of hearing and notice of adjournment, a
hearing was held at New York, New York, on June 16 and continued
on June 17 , 1937, before H. R. Korey, the Trial Examiner duly desig-
nated by the Board. The Board , the Company , and the Union were
represented by counsel and participated in the hearing.
On August 3, 1937, the Board issued a Decision in which it found
that a question affecting commerce had arisen concerning the repre-
sentation of the production employees of Fleischer ' Studios, Inc.,
and that all such production employees , including animators and
assistant animators , but excluding employees with supervisory duties,
story, music , camera, clerical , and maintenance employees , consti-
tute a unit appropriate for the purposes of collective bargaining in
respect to rates of pay , wages, hours of employment , and other con-
ditions of employment , and that the question concerning representa-
DECISIONS AND ORDERS 217
tion could only be resolved by. means of an election by secret ballot.
In its decision the Board directed that an election be held among such
employees to determine whether they desired to be represented by
Commercial Artists and Designers Union, Local No. 20329, for the
purposes of collective bargaining. The Decision also states :
The 15 striking employees, whose discharges by the Company
are alleged to be due to their union activity and whose case is
now before us, shall be entitled to vote, but their ballots shall
be kept segregated. Whether their votes shall be counted, will
depend upon our ultimate decision in the complaint case based
on their charge. However, if the 15 votes are not necessary for
the determination of the election, they shall be destroyed. If
they will determine the election herein, then they will or will not
be counted depending upon our final decision in said case.
On August 10, 1937, counsel for the Company requested the Board
to postpone the election pending an appeal by the Company, to the
courts, and advised the Board that it would not participate or cooper-
ate in the holding of an election pending such appeal. On August 12,
1937, the Board notified counsel for the Company that, after careful
consideration of such request, it had nevertheless directed the Re-
gional Director for the Second Region to proceed with the election
in accordance with its decision.
Pursuant to 'the Board's decision, an election by secret ballot was
conducted on August 16, 1937, by the Regional Director for the
Second Region among the employees of the Company constituting
the bargaining unit found appropriate by the Board. On September
7, 1937, the Regional Director duly served upon the parties to the
proceeding her Intermediate Report on the ballot. On September
10, 1937, the Board issued a Certification of Representatives in which
it certified Commercial Artists and Designers Union, Local No.
20329, as the exclusive representative of the production employees of
the Company, including animators and assistant animators, but
excluding employees with supervisory duties, and story, music, cam-
era,' clerical, and maintenance employees, for the purposes of col-
lective bargaining. On September 11, 1937, counsel for the Company
filed objections, to the Intermediate Report with the Regional
Director, pursuant to Article III, Section 9 of National Labor
Relations Board Rules and Regulations-Series 1, as amended. Sub-
sequently, on September 23, 1937, the Board notified counsel for the
Company that inasmuch as five days had not elapsed from the date
when the Intermediate Report was served to the date of the Certifi-
cation, as required pursuant to Article III, Section 9 of such Rules
and Regulations, the Company was granted five days from the date
218 NATIONAL LABOR RELATIONS BOARD
of such notification within which to file any additional objections.
No other objections were filed. The Board has given careful con-
sideration to the objections of the Company and finds that no
substantial and material issues with respect to the conduct of the
ballot or the Intermediate Report are raised thereby. This Certifi-
cation of Representatives supersedes the Certification, dated Sep-
tember 10, 1931, which is hereby revoked.
As to the results of the secret ballot the Regional Director reported :
Total number eligible___________________________________________ 129
Total number cast--------------------------------------------- 74
Total number counted __________________________________________ 60
Total number of ballots cast for Union ------------------------ 60
Total number of ballots cast against such Union __________________ 0
Total number of blank ballots__________________________________ 0
Total number of void ballots____ _______________________________ 0
Total number of challenged ballots______________________ ________ 0
Ballots cast by dismissed workers, which in accordance with the
Board's decision , are not to be counted ________________________ 14
Inasmuch as the Union has received 60 votes in the election of
those which were counted and none of the counted votes were cast
against it, the 14 ballots of the discharged employees, regardless of
a subsequent determination as to the eligibility of such employees,
cannot determine the election, and these ballots must, therefore, be
destroyed in accordance with the decision issued on August 3, 1937.
If the 14 votes are not counted, the Union will have received 60 out
of 115 eligible votes, or'a majority from among the employees elig-
ible to vote. If the 14 votes are counted, the Union will' have
received 60 of the 74 votes cast from among the 129 eligible
employees, or a majority of the votes in an election participated in
by a majority of the eligible employees.
Commercial Artists and Designers Union, Local No. 20329, having
been selected by a majority of the production employees of Fleischer
Studios, Inc., including animators and assistant animators, but
excluding employees with supervisory duties, and story, music,
camera, clerical and maintenance employees, as their representative
for the purposes of collective bargaining, is, by virtue of Section 9
(a) of the Act, the exclusive representative for the purposes of col-
lective bargaining of all such employees, and we will so certify it.
Now, THEREFORE, 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 1, as
amended,
DECISIONS AND ORDERS 219
IT Is HEREBY cERTIFIm that Commercial Artists and Designers
Union, Local No. 20329, has been selected by a majority of the
production employees of Fleischer Studios, Inc., including animators
and assistant animators, but excluding employees with supervisory
duties, and story, music, camera, clerical and maintenance employees,
as their representative for the purposes of collective bargaining,
and that pursuant to Section 9 (a) of the National Labor Relations
Act, Commercial Artists and Designers Union, Local No. 20329, is
the exclusive representative of all of such employees of Fleischer
Studios, Inc., for the purposes of collective bargaining in respect to
rates of pay, wages, hours of employment, and other conditions of
employment.