Loew's Inc.

National Labor Relations Board - Board Decisions

Jan 27, 1942

38 N.L.R.B. 602 (N.L.R.B. 1942)

In the Matter of LOEW'S INC. AND MARCUS LOEW BOOKING AGENCY
and SCREEN OFFICE & PROFESSIONAL EMPLOYEES GUILD, LOCAL 109
OF THE U . 0. P. W. A., C. I: O.
Case No. R-3405.-Decided January 07, 194
Jurisdiction : motion picture distribution industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition until certified by the Board ; request of both
parties that eligibility be determined as of the date of the hearing, for the
reason that the unit was agreed upon on the basis of the inclusion and exclu-
sion of specified persons, granted; election necessary.
Unit Appropriate for Collective Bargaining : all office, clerical, secretarial, and
accounting employees at the home offices of the Companies, excluding execu-
tives, officers of the Companies, district managers, radio salesmen, travelling
auditors, lawyers, engineers, radio announcers and commentators, and cer-
tain specifically-named employees ; stipulation for exclusion of "persons eligible
to membership in . . . labor organizations other than the petitioning union"
held proper, subject to the Board's interpretation that this refers to persons
who are represented in a separate unit under an exclusive recognition contract
between the Companies and a labor union other than the petitioner.
Mr. Irving H. Greenfield, of New York City, for the Companies.
Boudin, Cohn do Glickstein, by Mr. Sidney Fox, of New York City,
and Mr. David Golden, of New York City, for the Union.
Mr. Marvin C. Wahl, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 28, 1941, Screen Office & Professional Employees
Guild, Local 109 of the U. O. P. W. A., C. I. 0., herein called the
Union, filed with the Regional Director for the Second Region (New
York City) an amended petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
Loew's Inc. and Marcus Loew Booking Agency,, New York City,
'Marcus Loew Booking Agency was erroneously designated in the formal papers as
"Marcus Loew Booking Agency, Inc."
38 N. L. R. B., No. 121.
602
LOEW'S INC. 603
herein collectively called the Companies, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c) of
the National Labor Relations Act, 49 Stat 449, herein called the Act.
On December 4, 1941, the National Labor Relations Board, herein
called 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 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and provide for an
appropriate hearing upon due notice.
On December 11, 19411 the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Companies and the
Union. Pursuant to notice, a hearing was held on December 18, 1941,
at New York City, before Frederick R. Livingston, the Trial Ex-
aminer duly designated by the Chief Trial Examiner. The Com-
panies 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 evidence bearing on the issues
was afforded all parties. During the course of the hearing the Trial
Examiner made various rulings with respect to the admission of evi-
dence. The Board has reviewed the rulings of the Trial Examiner'
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
I. THE BUSINESS OF THE COMPANIES
Loew's Inc., a Delaware corporation, is engaged in the distribution
of motion pictures in every State of the United States, operating
through the medium of 32 branch offices. From October 1, 1939, to
October 1, 1940, Loew's released 50 feature motion pictures, 70 short
subjects, and 104 news reels; the majority of these were produced in
California. The negatives of the motion pictures are sent to labora-
tories either on the Pacific coast or at Fort Lee, New Jersey. The
positive prints are shipped to various exchanges for distribution to
exhibitors who, after using them, return them to the exchanges. Dur-
ing the same period, Loew's New York and New Jersey exchanges,
which are located in New York City, received from the laboratories
1,271 prints of feature pictures, 927 prints of short subjects, and
11,652 prints of news reels. The New York and New Jersey exchanges
service 700 theatres in New York and 272 in New Jersey.
Marcus Loew Booking Agency is a New York corporation and a
subsidiary of Loew's Inc. It is engaged in managing theatres and
operating radio station WHN, which is licensed by the Federal Com-
604 DECISrONS OF NATIONAL LABOR RELATIONS BOARD
munications Commission. In the course of its business, the Marcus
Loew Booking Agency enters into licensing agreements with Loew's
exchanges and other producers and distributors for the exhibition of
motion pictures. Both of the companies admit that they are engaged
in commerce within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
Screen Office & Professional Employees Guild, Local 109 of the
U. O. P. W. A., is a labor organization affiliated with the Congress
of Industrial Organizations, admitting to membership employees of
the Companies.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulate that a question concerning representation
has arisen by reason of the Companies' refusal to bargain with the
Union until and unless the Union is certified by the Board. A state-
ment by the Regional Director which was introduced at the hearing
indicates that the Union represents a substantial number of employees
in the unit found below to be appropriate?
We find that a question has arisen concerning the representation of
employees of the Companies.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has arisen,
occurring in connection with the operations of the Companies described
in Section I above, has a close, intimate, and substantial relation to
trade, traffic, and commerce among the several States and tends to
lead to labor disputes burdening and obstructing commerce and the
free flow of commerce.
V. THE APPROPRIATE UNIT
The parties stipulate that all office, clerical, secretarial, and account-
ing employees employed at the home offices of Loew's Inc. and Marcus
Loew Booking Agency, located at 1540 Broadway and 160 West 46th
Street, New York City, excluding executives, officers of the Companies,
district managers, WHN radio salesmen, travelling auditors, lawyers,
engineers, radio announcers and commentators, "persons eligible to
membership in other labor organizations other than the petitioning
2 The statement shows that the Union submitted 227 membership cards , 210 of which
appeared to bear genuine signatures and corresponded to names of persons appearing on the
Companies ' pay roll , the date of which was not specified Fifty -seven of the cards were
dated in September , 66 in October , 6 in November 1941, and 81 were undated It appears
from the petition filed by the Union that there are approximately 500 employees in the
appropriate unit.
LOEW'S INC. 605
union," and employees listed in Appendix A. As to the agreed ex-
clusion of "persons eligible to membership in other labor organizations
other than the petitioning union," we shall interpret such stipulation
to mean that the parties wish to exclude persons who are represented'
in a separate unit under an exclusive recognition contract between
the Companies and a labor organization other than the Union. Sub-
ject to our interpretation, we believe that the exclusion is a proper
one.'
We find that all office, clerical, secretarial, and accounting employees
employed at the home offices of Loew's Inc. and Marcus Loew Booking
Agency, located at 1540 Broadway' and 160 West 46th Street, New
York City, excluding executives, officers of the Companies, district
managers, WHN radio salesmen, travelling auditors, lawyers, engi-
neers, radio announcers and commentators, employees eligible to mem-
bership in labor organizations other than the Union,4 and employees
listed in Appendix A, constitute a unit appropriate for the purposes
of collective bargaining and that such unit will insure to employees
of the Companies the full benefit of their right to self-organization
and to collective bargaining and otherwise will effectuate the policies
of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which! has arisen concerning the repre-
sentation of employees of the Companies can best be resolved by an
election by secret ballot. Both parties requested at the hearing that
the question of eligibility to vote be determined as of the date of the
hearing for the reason that the unit was agreed upon on the basis of
the inclusion and exclusion of specified persons. Under the circum-
stances, we shall direct that those eligible to vote in the election shall
be the employees within the appropriate unit who were employed
by the Companies on December 4, 1941, subject to the limitations and
additions set forth in the Direction.
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. A question affecting commerce has arisen concerning the repre-
sentation of employees of Loew's Inc. and Marcus Loew Booking
Agency, New York City, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act.
3 Cf. Matter of Warner Bros . Pictures , Inc, Vttagraph, Inc., and Warner Bros. Circuit
Management Corporation , and their subsidiary corporations and Warner Bros. Associated
Office Employees of Greater New York, 35 N L . R B., No 165.
1 The exclusion is subject to our interpretation hereinabove set forth.
606 DEICTSI'ONIS OF NATIONAL LABOR RELATIONS BOARD
2. All office, clerical, secretarial, and accounting employees em-
ployed at the home offices of Loew's Inc. and Marcus Loew Booking
Agency, located at 1540 Broadway and 160 West 46th Street, New
York City, excluding executives, officers of the Companies, district
managers, WHN radio salesmen, travelling auditors, lawyers, engi-
neers, radio announcers and commentators, employees eligible to mem-
bership in labor organizations other than the Union, and employees
listed in Appendix A, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b)
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-
tions 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 authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Loew's Inc. and Marcus Loew Booking Agency, New York City,
an election by secret ballot shall be conducted as soon 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 Di-
rector 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 Regulations, among all office, clerical, secretarial,
and -accounting employees employed at the home offices of Loew's
Inc. and Marcus Loew Booking Agency, located at 1540 Broadway
and 160 West 46th Street, New York City, who were employed by
the Companies on December 4, 1941, including employees who did not
work on that date 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 executives, officers of the Companies, district man-
agers, WHN radio salesmen, travelling auditors, lawyers, engineers,
radio announcers and commentators, employees eligible to member-
ship in labor organizations other than the Union, employees listed in
,Appendix A, and employees who have since quit or been discharged
for cause, to determine whether or not they desire to be represented
by Screen Office & Professional Employees Guild, Local 109 of the
U. O. P. W. A., affiliated with the Congress of Industrial Organiza-
tions, for the purposes of collective bargaining.
LOEW'S INC. 607
Construction Department:
Harry Moskowitz.
William Hecht.
Eli Porter:
T. Jung.
Gerald Norwood
7th Floor Reception Desk:
D. Kennedy.
Telephone Operators:
Flossie Flynn.
Appendix A
Sales Distriution (Research)
J. A. Gove.
Real Estate Department:
Harry Bernstein.
Milton Joseph.
Sylvia Zukerbrodt.
Sales Department:
Joel Bezahler.
H. Postman.
Charles F. Deesen.
Wm. Madden.
T. O'Shea.
E. Saunders.
T. Cummings.
W. Brenner.
E. Aaron.
Margaret L. Blahm.
Richey.
I. L. Hirsch.
International Department:
Lil Reiss.
M. A. Spring.
W. Zimmerman.
Helen Jones.
Fred Martinez.
J. Rosthal.
Charles Goldsmith.
H. Kleindeinst.
H. Krecke.
W. Melniker.
Morris Frantz.
Rosa Lewis.
Jeanette Harris.
International Department-Con.
David Blum.
Stanley Byre.
Cashiers Department:
Sophie Israel.
Social Security Department:
Frank McRoy.
Booking (Out of Town) Depart-
ment:
J. Levy.
H. Goldgraben.
Ben Joel.
MGM Statistical Department:
Rose Klein.
News Department:
A. Lacks.
Booking (In Town): '
M. Morgenstern.
F. Mitchell.
M. L. Johnston.
E. Picker.
Executive Offices-7th
M. Schenck.
D. Schiffman.
L. Jeffrey.
J. Murphy.
S. Sewards.
M. Rosen.
Floor:
M. Leviton Stalow.
R. Aaron.
Legal Department-7th Floor:
G. Lebelson.
M. Siegfried.
H. Steinberg.
M. Hammerstein.
Accounting and Auditing-7th
Floor:
H. J. Cleary.
C. Quick, MGM Auditing.
G. Berry, MGM Auditing.
Englehardt, MGM Auditing.
I. Schlossberg, Loew's Audit-
ing.
L. Pollack, Accts Payable.