Metro-Goldwyn-Mayer Studios

National Labor Relations Board - Board Decisions

Aug 8, 1938

8 N.L.R.B. 858 (N.L.R.B. 1938)

In the Matter of METRO-GOLDWYN-MAYER STUDIOs, and MOTION PIC-
TURE PRODUCERS ASSN., et al. and SCREEN WRITERS' GUILD, INC.
Cases Nos. R-402 to R-420, inclusive
CERTIFICATION OF REPRESENTATIVES
SUPPLEMENTAL DECISION
AND
ORDER
August 8, 1938
On June 4, 1938, the National Labor Relations Board, herein called
the Board, issued a Decision and Direction of Elections 1 in the
above-entitled proceeding. The Direction of Elections provided that
elections by secret ballot be held within twenty-five (25) days from
the date of the Direction among all persons who are employed as
screen writers on the date of issuance of such Direction by Loew's
Incorporated, Selznick International Pictures, Inc., Walter Wanger
Productions, Inc., Samuel Goldwyn, Inc., Ltd., Republic Productions,
Inc., Columbia Pictures Corporation of California, Ltd., Paramount
Pictures, Inc., RKO Radio Pictures, Inc., Universal Pictures Com-
pany, Inc., Twentieth Century-Fox Film Corporation, Warner Bros.
Pictures, Inc., Grand National Films, Inc., Trem Carr Pictures, Ltd.,
Major Pictures Corporation, Hal Roach Studios, Inc., B. P. Schul-
berg, Inc., Monogram Productions, Inc., and Darmour, Inc., respec-
tively, exclusive of executives, producers, associate producers,
directors, supervisors, story editors, scenario editors, and other per-
sons having executive or supervisory powers, and exclusive of
lyricists, composers, and readers, to determine whether such em-
ployees desire, in the case of each Company, to be represented by
Screen Writers' Guild, Inc., or by Screen Playwrights, Inc., for the
purposes of collective bargaining, or by neither.
Pursuant to the Direction, elections by secret ballot were conducted
on June 28, 1938, among persons employed as screen writers by each
17 N. L. R. B. 662.
8 N. L. R. B., No. 106.
858
DECISIONS AND ORDERS 859
of the above-named Companies. On July 1, 1938, Towne J. Nylander,
Regional Director for the Twenty-first Region (Los Angeles, Cali-
fornia), acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, issued
Intermediate Reports upon Secret Ballot in each of the cases in this
consolidated proceeding, copies of which were duly served upon all
parties involved in the respective cases. Subsequently, the Regional
Director issued Amended Intermediate Reports upon Secret Ballot in
the two cases involving Walter Wanger Productions, Inc., and Para-
mount Pictures, Inc., wherein certain errors appearing in the original
Intermediate Reports issued in these cases were corrected. Copies of
such Amended Intermediate Reports were duly served upon the
respective parties in these two cases. As to the balloting and its
results, the Regional Director reported as follows :
LOEW'S INCORPORATED
Total number eligible_____________________________________ 110
Total number of ballots counted ---------------------------- 102
Total number of votes for Screen Writers' Guild, Inc------- 63
Total number of votes for Screen Playwrights, Inc---------- 33
Total number of votes for neither_________________________ 6
Total number of blank ballots_____________________________ None
Total number of void ballots______________________________ None
Total number of challenged votes________________-------------------------- 8
SELZNICK INTERNATIONAL PICTURES, INC.
Total number eligible_____________________________________ 5
Total number of ballots counted___________________________ 3
Total number of votes for Screen Writers' Guild, Inc------ 3
Total number of votes for Screen Playwrights, Inc--------- None
Total number of votes for neither__________________________ None
Total number of blank ballots_____________________________ None
Total number of void ballots______________________________ None
Total number of challenged votes__________________________ 1
WALTER WANGER PRODUCTIONS, INC.
Total number eligible_____________________________________ 1
Total number of ballots counted --------------------------- 1
Total number of votes for Screen Writers' Guild, Inc-------- 1
Total number of votes for Screen Playwrights, Inc--------- None
Total number of votes for neither__________________________ None
Total number of blank ballots_____________________________ None
Total number of void ballots_______________________________ None
Total number of challenged votes___________________________ None
860 NATIONAL LABOR RELATIONS BOARD
SAMUEL GOLDWYN, INC., LTD.
Total number eligible_____________________________________ 2
Total number of ballots counted____________________________ 2
Total number of votes for Screen Writers' Guild, Inc-------- 2
Total number of votes for Screen Playwrights, Inc----------- None
Total number of votes for neither__________________________ None
Total number of blank ballots______________________________ None
Total number of void ballots_______________________________ None
Total number of challenged votes__________________________ None
REPUBLIC PRODUCTIONS, INC.
Total number eligible_____________________________________ 26
Total number of ballots counted___________________________ 26
Total number of votes for Screen Writers' Guild, Inc------- 25
Total number of votes for Screen Playwrights, Inc--------- 1
Total number of votes for neither__________________________ None
Total number of blank ballots____________________________ None
Total number of void ballots______________________________ None
Total number of challenged votes__________________________ None
COLUMBIA PICTURES CORPORATION OF CALIFORNIA, LTD.
Total number eligible_____________________________________ 20
Total number of ballots counted__________________________ 19
Total number of votes for Screen Writers' Guild, Inc------- 17
Total number of votes for Screen Playwrights, Inc---------- 1
Total number of votes for neither________________________ 1
Total number of blank ballots____________________________ None
Total number of void ballots______________________________ None
Total number of challenged votes_________________________ None
PARAMOUNT PICTURES, INC.
Total number eligible_____________________________________ 36
Total number of ballots counted__________________________ 36
Total number of votes for Screen Writers' Guild, Inc-------- 20
Total number of votes for Screen Playwrights, Inc---------- 14
Total number of votes for neither________________________ 2
Total number of blank ballots____________________________ None
Total number of void ballots______________________________ None
Total number of challenged votes_________________________ 2
RKO RADIO PICTURES, INC.
Total number eligible_____________________________________ 32
Total number of ballots counted____________________________ 30
Total number of votes for Screen Writers' Guild, Inc-------- 30
Total number of votes for Screen Playwrights, Inc---------- None
Total number of votes for neither_________________________ None
Total number of blank ballots____________________________ None
Total number of void ballots______________________________ None
Total number of challenged votes_ ________________________ 1
DECISIONS AND ORDERS
UNIVERSAL PICTURES COMPANY, INC.
Total number eligible_____________________________________ 25
Total number of ballots counted__________________________ 25
Total number of votes for Screen Writers' Guild, Inc------ 22
Total number of votes for Screen Playwrights, Inc---------- 2
Total number of votes for neither________________________ 1
Total number of blank ballots____________________________ None
Total number of void ballots______________________________ None
Total number of challenged votes_________________________ None
TWENTIETH CENTURY-FOX FILM CORPORATION
Total number eligible_____________________________________ 47
Total number of ballots counted -------------------------- 44
Total number of votes for Screen Writers' Guild, Inc------- 38
Total number of votes for Screen Playwrights, Inc---------- 5
Total number of votes for neither_________________________ 1
Total number of blank ballots____________________________ None
Total number of void ballots______________________________ None
Total number of challenged votes_________________________ None
WARNER BROS. PICTURES, INC.
-Total number eligible_____________________________________ 43
Total number of ballots counted__________________________ 42
Total number of votes for Screen Writers' Guild, Inc-------- 38
Total number of votes for Screen Playwrights, Inc-------- 1
Total number of votes for neither________________________ - 3
Total number of blank ballots____________________________ None
Total number of void ballots______________________________ None
Total number of challenged votes_________________________ None
GRAND NATIONAL FILMS, INC.
Total number eligible__________________________________ Unknown
Total number of ballots counted -------------------------- None
Total number of votes for Screen Writers' Guild, Inc------- None
Total number of votes for Screen Playwrights, Inc---------- None
Total number of votes for neither_________________________ None
Total number of blank ballots_____________________ None
Total number of void ballots______________________________ None
Total number of challenged votes_________________________ None
TREM CARR PICTURES LTD.
Total number eligible_____________________________________ 1
Total number of ballots counted___________________________ None
Total number of votes for Screen Writers' Guild, Inc-------- None
Total number of votes for Screen Playwrights, Inc---------- None
Total number of votes for neither_________________________ None
Total number of blank ballots ---------------------------- None
Total number of void ballots ______________________________ None
Total number of challenged votes_ ________________________ None
861
862 NATIONAL LABOR RELATIONS BOARD
MAJOR PICTURES CORPORATION
Total number eligible--------------------------------- Unknown
Total number of ballots counted- -------------------------- None
Total number of votes for Screen Writers' Guild , Inc-------- None
Total number of votes for Screen Playwrights , Inc---------- None
Total number of votes for neither------------------------- None
Total number of blank ballots ---------------------------- None
Total number of void ballots------------------------------ None
Total number of challenged votes-- ----------------------- None
HAL ROACH STUDIOS, INC.
Total number eligible ------------------------------------- 7
Total number of ballots counted---------------------------- 5
Total number of votes for Screen Writers' Guild , Inc------- 5
Total number of votes for Screen Playwrights, Inc--------- None
Total number of votes for neither------ ------------------- None
Total number of blank ballots---------------------------- None
Total number of void ballots------------------------------ None
Total number of challenged votes-- ----------------------- None
B. P. SCHULBERG, INC.
Total number eligible--------------------------------- Unknown
Total number of ballots counted -------------------------- None
Total number of votes for Screen Writers' Guild , Inc-------- None
Total number of votes for Screen Playwrights , Inc-------- None
Total number of votes for neither--- ---------------------- None
Total number of blank ballots ---------------------------- None
Total number of void ballots ----------------------------- None
Total number of challenged votes ------------------------- None
MONOGRAM PRODUCTIONS, INC.
Total number eligible ------------------------------------- 4
Total number of ballots counted-------------------------- 4
Total number of votes for Screen Writers' Guild , Inc------ 4
Total number of votes for Screen Playwrights , Inc-------- None
Total number of votes for neither ------------------------- None
Total number of blank ballots---------------------------- None
Total number of void ballots ----------------------------- None
Total number of challenged votes- ------------------------ None
DARMOUR, INC.
Total number eligible------------------------------------ 3
Total number of ballots counted-------------------------- - 3
Total number of votes for Screen Writers' Guild . Inc------- 3
Total number of votes for Screen Playwrights , Inc-------- None
Total number of votes for neither-- ----------------------- None,
Total number of blank ballots ---------------------------- None
Total number of void ballots ----------------------------- None
Total number of challenged votes ------------------------- None
DECISIONS AND ORDERS 863
Subsequently, most of the Companies 2 filed objections to the bal-
loting and to the Intermediate Reports. The objections alleged in
substance that no evidence was introduced to show that persons vot-
ing were employed by the Companies as screen writers on the date
of the issuance of the Direction of Election;- that no opportunity was
afforded the Companies to check and verify the records to determine
whether the findings in the Intermediate Reports were correct; and
that by order of the Regional Director the Companies had been
excluded from participating in the secret ballot and from making
challenges.
Prior to the elections, the Regional Director requested each Com-
pany to furnish him with the names of persons employed by it as
screen writers and eligible to vote pursuant to the Direction of Elec-
tions, but each Company refused to do so and to avail itself of the
opportunity to participate in the elections to this extent. Accord-
ingly, the Regional Director gave due notice that persons voting in
the election with respect to a particular Company must prior to the
election register with the Regional Director and by affidavit state that
they were employed on the date of the issuance of the Direction of
Elections as screen writers by the said Company. In view of the
refusals of the Companies to submit names of screen writers employed
by them in accordance with the request of the Regional Director, they
are clearly not in a position to object to the procedure which was
followed. Furthermore, with respect to the objection that-the Com-
panies had been excluded from participating in the secret ballot and
making challenges, the Regional Director reports that no request was
made by any of the Companies to have observers during the balloting
or otherwise to participate in the conduct of the elections. We find
that the objections filed by the Companies are without merit, and
the objections are accordingly hereby overruled.
Screen Writers' Guild, Inc., having been selected by a majority of
the screen writers, respectively, employed by Loew's Incorporated,
Selznick International Pictures, Inc., Samuel Goldwyn, Inc., Ltd.,
Republic Productions, Inc., Columbia Pictures Corporation of Cali-
fornia, Ltd., Paramount Pictures, Inc., RKO Radio Pictures, Inc.,
Universal Pictures Company, Inc., Twentieth Century-Fox Film
Corporation, Warner Bros. Pictures, Inc., Hal Roach Studios, Inc.,
Monogram Productions, Inc., and Darmour, Inc., as their representa-
tive for the purposes of collective bargaining, is, by virtue of Section
9 (a) of the Act, the exclusive representative for the purposes of
Y The following Companies filed objections : Loew's Incorporated, Selznick International
Pictures , Inc., Walter Wanger Productions , Inc, Samuel Goldwyn, Inc., Ltd., Republic
Productions, Inc, Columbia Pictures Corporation of California , Ltd Paramount Pictures,
Inc., RKO Radio Pictures, Inc, Universal Pictures Company , Inc.. Twentieth Century-Fox
Film Corporation , Warner Bros. Pictures , Inc, and Hal Roach Studios, Inc.
864 NATIONAL LABOR RELATIONS BOARD
collective bargaining of all of such employees, and we will so
certify it.
The results of the elections among screen writers employed by
Grand National Films, Inc., Trem Carr Pictures, Ltd., Major Pic-
tures Corporation, and B. P. Schulberg, Inc., show that no collective
bargaining representatives have been selected by a majority of the
screen writers employed by these four Companies. The petitions for
investigation and certification of representatives of persons employed
as screen writers by Grand National Films, Inc., Trem Carr Pictures,
Ltd., Major Pictures Corporation, and B. P. Schulberg, Inc., will
therefore be dismissed.
In the case of Walter Wanger Productions, Inc. it appears that
only one person was eligible to vote. As we stated in Matter of
Luckenbach Steamship Company, Inc., et al .3
"The National Labor Relations Act creates the duty of employers
to bargain collectively. But the principle of collective bargaining
presupposes that there is more than one eligible person who desires
to bargain. The Act therefore does not empower the Board to
certify where only one employee is involved. This conclusion does
not mean that a single employee may not designate a representative
to act for him; he had such a right without the Act, and the Act
in no way limits the right. By the same token, the conclusion in no
way limits the protection which the Act otherwise gives such an
employee."
The petition for investigation and certification of representatives
of persons employed as screen writers by Walter Wanger Produc-
tions, Inc. will therefore also be dismissed.
CERTIFICATION OF REPRESENTATIVES
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 1,
as amended,
IT Is HEREBY CERTIFIED that the Screen Writers' Guild, Inc. has
been selected by a majority of persons employed as screen writers by
Loew's Incorporated, Selznick International Pictures, Inc., Samuel
Goldwyn, Inc., Ltd., Republic Productions, Inc.. Columbia Pictures
Corporation of California, Ltd., Paramount Pictures, Inc., RKO
Radio Pictures, Inc., Universal Pictures Company, Inc., Twentieth
Century-Fox Film Corporation, Warner Bros. Pictures, Inc., Hal
Roach Studios, Inc., Monogram Productions, Inc., and Darmour, Inc.,
2 N. L. R. B. 181, 193.
DECISIONS AND ORDERS 865
respectively, exclusive of executives, producers, associate producers,
directors, supervisors,_ story editors, scenario editors, and other per-
sons having executive or supervisory powers, and exclusive of
lyricists, composers, and readers, as their representative for the pur-
poses of collective bargaining, and that, pursuant to Section 9 (a)
of the Act, Screen Writers' Guild, Inc. is the exclusive representative,
in the case of each Company, of all such persons for the purposes of
collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended,
IT Is HEREBY ORDERED that the petitions for investigation and certifi-
cation of representatives of persons employed as screen writers by
Grand National Films, Inc., Trem Carr Pictures, Ltd., Major, Pic-
tures Corporation, B. P. Schulberg, Inc., and Walter Wanger Pro-
ductions, Inc. filed by Screen Writers' Guild, Inc., be, and they hereby
are, dismissed.
MR. DONALD WAKEFIELD SMITH took no part in the consideration of
the above Certification of Representatives Supplemental Decision and
Order.