Monogram Pictures Corp.

National Labor Relations Board - Board Decisions

May 26, 1942

41 N.L.R.B. 307 (N.L.R.B. 1942)

In the Matter Of MONOGRAM PICTURES CORPORATION and AMERICAN
FEDERATION OF LABOR
Case No. R-3746.-Decided May,' 6,1942
Jurisdiction : motion picture distributing industry. -
Investigation and Certification of Representatives : existence of question: failure
to prove majority; election necessary.
Unit Appropriate for Collective Bargaining : all office employees at Company's
St. Louis film exchange, excluding the branch manager, outside salesmen, the
janitor, back-room employees, the booker, and secretary-bookkeeper.
- Mr. Robert G. Taylor, of St. Louis, Mo., for the Company.
Mr. E. P. Theiss, of St. Louis, Mo., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE'CASE
Upon petition duly filed by American Federation of Labor, herein
called the Union , alleging that a question affecting commerce had
arisen concerning the representation of employees of Monogram Pic-
tures Corporation , St. Louis, Missouri , herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice 1 before Jack G. Evans, Trial • Examiner.
Said hearing was held at St. Louis, Missouri, on April 20 , 1942. The
Company and the Union appeased , participated, and were afforded
full opportunity to be heard , to examine and cross -examine witnesses,
and to introduce evidence bearing on the issues . The Trial Ex-
aminer's rulings made during 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
I. THE BUSINESS OF THE COMPANY
Monogram Pictures Corporation is a Missouri corporation with its
principal 'office at St. Louis, Missouri; where it ' is engaged in the
1 At the same time the Board consolidated this proceeding with seven other cases. On
April 7, 1942; the Board issued an order severing this case from the others
41 N L. R. B., No. 64.
307
308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
distribution of motion pictures. During the 6-month period ending
April 1, 1942, the Company handled approximately 58 prints of fea-
ture, pictures. All the prints are shipped to the Company from out-
side Missouri. During the same period, the St. Louis film exchange
received approximately $39,000 in fees, about 40 percent of which
was received from exhibitors outside Missouri.
II.' THE ORGANIZATION INVOLVED
American Federation of Labor is a labor ' organization admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Union claims to represent a majority of the Company's'em-
ployees. The Company states that it has no knowledge of the Union's
claim.
A statement of the Trial Examiner, read into evidence during the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found to be appropriate.2
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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The Union urges that all office employees at the St. Louis film ex-
change of the Company, including the booker and secretary-book-
keeper, but excluding the branch manager, outside salesmen, janitor,
and back room employees,' constitute an appropriate unit. The only
controversy with respect to the unit concerns the booker and secre-
tary-bookkeeper. The Union urges that such employees be included
in the unit, and the Company that they be excluded.
The Company contends that the duties of the booker are similar
to those of the salesmen, who are excluded from the unit by agree-
ment of the parties. The booker contacts motion picture exhibitors
by mail, telephone, or in the Company's offices and attempts to sell
motion pictures to them. Under the circumstances, we shall exclude
the booker from the unit.
The secretary-bookkeeper acts as personal secretary to the branch
manager. The Company contends that such employees should be
2 The Trial Examiner . reported that the Union presented two authorization cards bearing
apparently genuine signatures iof persona whose names appear on the Company's pay
loll as of April 20, 1942. There are three employees on that pay roll.
3 The back room employees are presently covered by a contract between the Company
and another labor organization affiliated with the American Federation of Labor.
MONOGRAM PICTURES , CORPORATION 309
excluded from the unit because of the confidential nature of her duties.
This employee , among other duties, takes dictation and files corre-
spondence dealing with personnel 'problems . We shall exclude the
secretary -bookkeeper from the unit.
We find that all office employees at the St. Louis film exchange of
the Company , excluding the branch manager, outside salesmen, the
janitor, back room employees , the booker , and secretary-bookkeeper,
constitute a unit appropriate for.the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.
V. TUE • DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
employees 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 Re-
lations Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
Dn2EOTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Monogram Pic-
tures Corporation , St. Louis, Missouri , 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 , under the direction and super-
vision of the Regional Director for the Fourteenth 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
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 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 American Federation of Labor for the purposes of
collective bargaining.