Paramount Pictures, Inc.

National Labor Relations Board - Board Decisions

Jul 15, 1941

33 N.L.R.B. 447 (N.L.R.B. 1941)

In the Matter Of PARAMOUNT PICTURES, INC. and SCREEN READERS
GUILD OF NEW YORK
In the Matter of TWENTIETH CENTURY Fox FILM CORP. and SCREEN
READERS GUILD OF NEW YORK
In the Matter of R. K. 0. RADIO PICTURES, INC. and SCREEN READERS
GUILD OF NEW YORK
In the Matter Of UNIVERSAL PICTURES CO., INC. and, SCREEN READERS
- GUILD OF NEW YORK
In the Matter Of COLUMBIA PICTURES CORP. and SCREEN READERS
GUILD OF NEW YORK
In the Matter of LOEW'S, INC. and SCREEN READERS GUILD OF NEW YORK
Cases Nos . R-2550 to R-2557.-Decided July 15, 1941
Jurisdiction : motion picture industry.
Investigation and Certification of Representatives : existence of questions: each
of the Companies contested the appropriate unit and union's majority ; elections
necessary.
Units Appropriate for Collective Bargaining : salaried readers in the story-
reading departments in the New York City offices of each of the Companies,
excluding piece-work readers and supervisory employees.
Definitions
Piece-work readers who are not listed on the regular pay rolls of the
various companies, and whose work is subject to the supervision and control
of the story editors of such companies as a matter of ultimate result rather
than in the manner and method of their performance, are not employees
within the meaning of the Act.
Mr. Arthur Israel, Jr., of New York City, for Paramount.
Mr. Edwin P. Kilroe, by Mr. Harry J. McIntyre, of New York
City, for Twentieth Century.
Mr. Gordon E. Youngman and Mr. Robert H. Dann, of New York
City, for Universal.
Schwartz & Frohlich., by Mr. Max Rose, of New York City, for
Columbia.
Mr. Irving H. Greenfield, of New York City, for Loew's.
Boudin, Cohn & Glickstein, by Mr. Sidney Fox, of New York City,
for the Guild.
Mr. Louis Cokin, of counsel to the Board.
33 N. L. R. B., No. 82.
447
448 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On November 22, 1940, Screen Readers Guild of New York, herein
called the Guild, filed with the Regional Director for the Second
Region (New York City) five separate petitions, each alleging that
a question affecting commerce had arisen concerning the representa-
tion of persons employed as screen readers of the Company named
in such petition at its home office in New York City, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. The Companies named in the petitions are : Para-
mount Pictures, Inc., herein called Paramount; Twentieth Century
Fox Film Corp., herein called Twentieth Century; R. K. O. Radio
Pictures, Inc., herein called R. K. 0.; Universal Pictures Co., Inc.,
herein called Universal; and Columbia Pictures Corp., herein called
Columbia. On December 23, 1940, the Guild filed with the Regional
Director a petition alleging that a question affecting commerce had
arisen concerning the representation of persons employed as screen
readers at the home office in New York City of Loew's, Inc., herein
called Loew's, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the Act.
On March 13, 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 investigations in each
of the cases and authorized the Regional Director to. conduct them
and to provide for appropriate hearings upon due notice. On April
28, 1941, the Board, acting pursuant to Article III, Section 10 (c)
(2), of said Rules and Regulations, ordered that the six cases be
consolidated for all purposes.
On April 29, 1941, the Regional Director issued a notice of hear-
ing in the consolidated cases, copies of which were duly served upon
the Guild and upon each of the Companies involved in these pro-
ceedings. Pursuant to notice, a hearing involving each of the Com-
panies was held on May 6, 7, 8, 12, and 13, 1941, at New York City,
before Daniel Baker, the Trial Examiner duly designated by the
Chief, Trial Examiner. Each of the Companies and the Guild were
represented by counsel and participated in the hearing. During
the course of the hearing Twentieth Century and R. K. O. offered
in evidence as exhibits certain contracts covering their screen readers
in Hollywood, California. The Trial Examiner rejected the offer.
PARAMONT PICTURES, INC. 449
The Trial Examiner 's rulings rejecting these exhibits is hereby over-
ruled and the exhibits are hereby admitted into evidence as part of
the record in these proceedings .,, During the course of the hearing
the Trial Examiner made several rulings on motions and on objec-
tions to the admission of evidence . The Board has reviewed the
rulings of the Trial Examiner and finds that no prejudicial errors
were committed . The rulings , with the exception noted above, are
hereby affirmed.
The Guild and all of the Companies involved herein have filed briefs,
which the Board has considered.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANIES
The Companies herein, among others, participated in a previous
hearing conducted by one of the Board's Trial Examiners in 1941,
following which the Board issued its Decision and Direction of Elec-
tions.2 That Decision contained under the heading "Findings of
Fact. I. The business of the Companies" detailed statements of the
business operations of the Companies herein, among others. At the
hearing herein, the Trial Examiner introduced in evidence, by agree-
ment with the parties, the 'detailed statements alluded to above.
The findings of fact contained in the Decision in the previous case
relevant to the character and extent of the businesses of the Com-
panies herein, are hereby incorporated in and made a part of this
Decision and Direction of Elections.
H. THE ORGANIZATION INVOLVED
Screen Readers Guild of New York is an unaffiliated labor or-
ganization admitting to membership screen readers in the service
of each of the Companies at its home office in New York City.
III. THE QUESTIONS CONCERNING REPRESENTATION
All parties agreed that in each case a question concerning repre-
sentation exists. Each Company stated that it contested both the
unit proposed by the Guild and the Guild's majority.
There were introduced in evidence statements by the Regional
Director that the Guild had submitted to her membership application
and authorization cards in support of its claims to represent screen
readers in the service of each of the Companies at its home office in
These exhibits are Rejected Exhibits Nos 1 and 2.
2 Matter of Twentieth Century Fox Pilm Corporation, et at . and Screen Publicists Guild,
32 N. L R B 717.
450 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
New York City. These statements indicate that the Guild repre-
sents a substantial number of screen readers in the service of each
Company.3
We find that questions have arisen concerning the representation
of employees of each of the Companies.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of each of the
Companies referred to in Section I, above, have a close, intimate, and
substantial relation to trade, traffic, and commerce among the several
States and tend to lead to labor disputes burdening and obstructing
commerce and the free flow of commerce.
V. THE APPROPRIATE UNITS
The Guild contends that the salaried and piece-work readers in
the service of each of the Companies at its home office in New York
City, excluding supervisors, constitute six separate appropriate units.
Each' of the Companies contends that the piece-work readers are not
employees within the meaning of the Act, and -that in any event the
piece-work readers and the salaried readers should not be included
in the same unit. The Companies do not contest the appropriateness
of separate units for the salaried readers.
8 The statements of the Regional Director with respect to the representation claim of the
Guild show the following:
Paramount-Of the 11 membership application and authorization cards submitted by the
Guild , which were variously dated between January and December 1940, 9 bore the signa-
tures of persons in the service of Paramount as of January 2, 1941. There were approxi-
mately 14 persons in the alleged appropriate unit at Paramount as of January 2, 1941.
Twentieth Century-Of the 12 membership application and authorization cards submitted
by the Guild , which were variously dated between January and December 1940 , 8 bore the
names of persons who were in the service of Twentieth Century as of January 2, 1941.
There were approximately 13 persons in the alleged appropriate unit at Twentieth Century
as of January 2, 1941
R K 0 -Of the 5 membership application and authorization cards submitted by the
Guild , 2 were dated between April and June 1940 and 3 between October and December
1940 . Three bore the signatures of persons whose names appeared on R K O's pay roll
of December 3, 1940. There were approximately 8 persons in the alleged appropriate unit
at R. K. 0. as of December 3, 1940. '
Universal-The 2 membership application and authorization cards submitted by the
Guild , 1 signed between January and March 1940 and 1 between April and June 1940, bore
the names of persons which appear on Universal's pay roll of January 2, 1941 There were
5 persons in the alleged appropriate unit at Universal as of January 2, 1941.
Columbia-Of the 4 membership application and authorization cards submitted by the
Guild , which were variously dated between January and September 1940, 1 bears the signa-
ture of a person in the service of Columbia as of January 2, 1941. There were . 3 persons
in the alleged appropriate unit at Columbia as of January 2, 1941 _
Loew's-Of the 16 membership application and authorization cards submitted by the
Guild, all of which were variously dated between January and December 1940 , 13 bore the
names of persons in the service of Loew''s as of January 2, 1941 There were 19 persons
in the alleged appropriate unit at Loew ' s as of January 2, 1941.
PARAMOATMP PICTLTRESI, rec. 451
Piece-work readers are engaged in reading scripts of novels, plays.
and other forms of literature for the purpose of writing synopses.
The piece-work readers do not work on the premises of the Com-
panies, and either call upon or in turn are called by the story or
assistant story editors of the various Companies, who assign them
specific jobs. At the time of his first assignment the story editor gives
the piece-work reader verbal instructions as to the format of the
synopsis. The piece-work reader then returns to his home or wherever
he may choose to work and prepares his synopsis. The Company
furnishes the piece-work reader with paper and typewriter supplies,
but the piece-work reader has to furnish his own typewriter. There
is a tacit understanding that all normal length jobs are to be returned
to the Companies within 24 hours. The story editor may criticize or
suggest specific changes in the synopsis, and the piece-work reader
then embodies such changes in his synopsis. The piece-work readers
submit a bill with each synopsis and some of the Companies pay them
as the work is submitted, and others at the end of each week.
The record indicates that the prices for synopses are generally fixed,
but that they are flexible and subject to change upon agreement be-
tween the piece-work readers and their story editors. The testimony
indicates that the piece-work readers generally feel themselves subject
to call by the Company for which they do a majority of their work,
but no definite agreement to that effect was shown in any case, although
there is evidence in the record that in several instances story editors
of one or another of the respective Companies have requested piece-
work readers not to perform work for other Companies. Frequently,
piece-work readers work for more than one of the Companies involved
in this case, or work for companies which are not engaged in the
motion picture industry. The Companies do not list piece-work
readers on their regular pay rolls, and the supervision and control over
their work exercised by the story editors are concerned less with the
manner and method of their performance than with the ultimate
results.
The salaried readers do the same type of work as the piece-work
readers but work on the premises of the Companies and are generally
assigned "more important" work. The salaried readers receive vaca-
tions and holidays with pay, optional group insurance, and annual
bonuses. It appears that piece-work readers are not entitled to any
of these benefits. No Social Security tax has been deducted from the
monies paid to the piece-work readers and the Companies do not pay
any unemployment compensation insurance in behalf of the piece-
work readers. -
Upon the foregoing facts, and upon the basis of the entire record,
we find that piece-work readers are not "employees" within the mean-
450122-42-vol 33--30
452 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing of the Act,4 and we shall not include them in the appropriate units.
From the foregoing facts and upon the basis of the entire record,
we find that salaried readers employed in the story-reading depart-
ments in the New York City office of each of the Companies, excluding
piece-work readers and supervisory employees, constitute, in the case
of each Company, a unit appropriate for the purposes of collective
bargaining, and that said units will insure to employees of each Com-
pany the full benefit of their right to self-organization and collective
bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the questions concerning representation which have
arisen can best be resolved by separate elections by secret ballot. The
Companies stated that in the event the Board directs elections, salaried
readers who are in their employ at the time of the election should be
eligible to vote. In accordance with our usual practice, we shall direct
that persons eligible to vote in the respective elections shall be the
employees in the appropriate unit at each Company, respectively,
whose names appear on the Company's pay roll for the period immedi-
ately preceding the date of this Direction of Elections, subject to such
limitations and additions as are set forth in the Direction hereinafter.
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. Questions affecting commerce have arisen concerning the repre-
sentation of employees of each of the Companies, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
2. All salaried readers employed in the story-reading departments
in the New York City offices of each of the Companies, excluding piece-
work readers and supervisory employees, constitute, in the case of each
Company, a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
4 See Matter of Twentieth Century Fox Film Corp . and Screen Publicists Guild , 32 N. L.
R B 717; Matter of Federal Ice cC Cold Storage Company and Produce Drivers and
Einplo gees Union, Local No 630, 18 N. L R. B. 161 ; Matter of Theurer Wagon Works, Inc.
and International Union, United Automobile Workers of America, Locals 259 and 374,
18 N. L. R. B 837 , Matter of Houston Chronicle Publishing Company and Houston News-
boys Union, Local 456, 28 N L . R B. 1043 . Cf. Matter of Metro- Goldwyn -Mayer Studios
and Motion Picture Producers Assn . et al . and Screen Writers ' Guild, Inc., 7 N L. R. B
662 ;,Matter of Seattle Post-Intelligencer Department of Hearst Publications , Inc and
Seattle Newspaper Guild, Local No. 82, 9 N L R . B 1262; Matter of KMOX Broadcasting
Station and St Louis Local, American Federation of Radio Artists, ap/iliated with A . F. of L ,
10 N. L R B 479
PAIRAMONT PIC'rURE'St, INC. 453
DIRECTION OF ELECTIONS
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 2, as amended, it is hereby
DIRECTED that, as part of the investigations authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Paramount Pictures, Inc., Twentieth Century Fox Film Corp.,
R. K. O. Radio Pictures, Inc., Universal Pictures Co., Inc., Columbia
Pictures Corp., and Loew's, Inc., separate elections by secret ballot
shall be conducted as early as possible, but not later than thirty (30)
days from the date of this Direction of Elections, 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 Regulations,
among all salaried readers employed in the story-reading departments
in the New York City offices of the Companies during the pay-roll
period immediately preceding the date of this Direction of Elections,
including employees who did not work during such 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
piece-work readers, supervisory employees, and employees who have
since quit or been discharged for cause, to determine whether or not
said employees desire to be represented by Screen Readers Guild of
New York for the purposes of collective bargaining.
MR. EDWIN S. SMITH , dissenting :
I cannot agree with that part of the Decision which excludes from
the appropriate unit piece-work readers.
I particularly regard the failure to find that the piece-work readers
in this case are employees within the meaning of the Act as an unwar-
ranted restriction of the right of self-organization and representation
which the Act was intended to afford. The narrow interpretation
placed by the majority upon the employment relationship in this
instance is contrary to the broad and liberal policy of statutory
construction heretofore followed by this Board.'
5 Matter of Metro-Goldwyn-Mayer Studios and Motion Picture Producers Assn., et at. and
Screen Writers ' Guild, Inc , 7 N. L. R. B . 662 ; Matter of Seattle Post-Intelligencer Depart-
ment of Hearst Publications, Inc. and Seattle Newspaper Guild , Local No. 82 , 9 N. L. R. B
1262; Matter of KMOX Broadcasting Station and St. Louis Local, American Federation of
Radio Artists , Affiliated with A. F. of L, 10 N L . R B 479 ; Matter of The Connor Lumber
& Land Company and International Woodworkers of America, Local No. 125 ( C. 1. 0.),
11 N. L. R. B. 776 ; Matter of Interstate Granite Corporation and Granite Cutters' Inter-
national Association of America, Charlotte Branch, 11 N. L R B . 1046; Matter of Wash-
ington Branch of the Sun Life Insurance Company of America and Industrial and Ordinary
Insurance Agents Union, No. 21354 , Industrial and Ordinary Insurance Agents Council,
15 N. L. R. B. 817; Matter of The Park Floral Company and United Greenhouse and Floi al
454 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In a recent Decisions the Board found that free-lance artists em-
ployed by the Companies involved herein, among others, were not
employees within the meaning of the Act. I dissented from the
Board's Decision in that case. The facts concerning the employment
relationship of the piece-work readers in this case are substantially the
same as the facts with respect to the free-lance artists in the previous
case. For the reasons set forth in my dissenting opinion in the pre-
vious casej and under all the circumstances in this case, I would find
that the piece-work readers are employees as defined in the Act, that
their work is closely related to and integrated with the work of the
other employees in the story-reading departments, and that their
wages, hours, and working conditions are sufficiently similar to entitle
them to be included in the appropriate units. Accordingly, I would
include in the appropriate units piece-work readers.
Workers Union No. 510 of the United Cannery, Agricultural, Packing and Allied Workers
of America, affiliated with the Congress of Industrial Organizations , 19 N. L R. B. 403;
Matter of Edward F. Reichelt, Robert J Hill and Russel J. Jensen, doing business as a
copartnership under the name and style of Paul A. Reichelt Company and Chicago Fur
Workers Union, Local No. 45, 21 N. L R B . 262, Matter of Cape Cod Trawling Corpo-
ration, at al. and American Communications Association, affiliated with the C. I. 0, 23
N. L. R. B. 208, Matter of Hearst Publications , Incorporated, a Corporation ( Los Angeles
Examiner Department ) and Newspaper Circulators , Wholesale Distributors , and Miscel-
laneous Employees Union No . 21666, Ameiteas. Federation of Labor, 25 N L R B 621;
Matter of John Hancock Mutual Life Insurance Company and American Federation
of Industrial and Ordinary Insurance Agents Union No. 2157 , East St. Louts and Vicinity,
Illinois, at al, 26 N L R B, No. 105 ; and Matter of Stockholders Publishing Company,
Inc, et at. and Los Angeles Newsboys Local Industrial Union No. 75, C. I 0, 28 N L.
R B 1006
The cases in Rhich the Board has held that no employment relationship exists are clearly
to be distinguished by an absence of supervision and control , which is present here, over
the persons whom it is contended hold the status of employees . See, for example, Matter
of Federal Ice & Cold Storage Company and Produce Drivers and Employees Union, Local
No. 630, 18 N L. R B. 161; Matter of Theurer Wagon Works , Inc. and International
Union, United Automobile Workers of America, Locals 259 and 374 , 18 N. L. R . B. 837;
and Matter of Houston Chronicle Publishing Company and Houston Newsboys Union, Local
456, 28 N. L R B. 1043.
B Matter of Twentieth Century Fox Films Corporation and Screen Publicists Guild, 32
N. L R. B. 717.
i See my dissenting opinion in Matter of Twentieth Century Fox Films Cot poratton and
Screen Publicists Guild, 32 N L R B 717.