Producers Releasing Corp. of St. Louis

National Labor Relations Board - Board Decisions

May 27, 1942

41 N.L.R.B. 362 (N.L.R.B. 1942)

In the Matter Of PRODUCERS RELEASING CORPORATION OF ST. LOUIS and
AMERICAN FEDERATION OF LABOR
Case No. R-3745.-Decided May 27, 1942
Jurisdiction : motion picture distributing industry.
Investigation and Certification of Representatives : existence of question: fail-
ure of Company to reply to union's proposed contract ; election necessary.
Unit Appropriate for Collective Bargaining : all office employees at the Com-
pany's St. Louis film exchange, excluding the janitor and back room employees ;
no dispute as to; office manager-booker-salesman and confidential secretary
excluded over objection of union.
Mr. Noah Bloomer, of Belleville, Ill., 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 Producers Re-
leasing Corporation of St. Louis, St. Louis, Missouri, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon clue 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 appeared, 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 Examiner'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
Producers Releasing Corporation of St. Louis is a Missouri cor-
poration with its principal office at St. Louis, Missouri, where it is
'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. 76.
362
PRODUCERS RELEASING CORPORATION OF ST. LOUIS 363
engaged in the distribution of motion pictures. From January 1941
up to the date of the hearing the Company handled approximately
32 feature pictures and about 24 "Westerns." All the prints dis-
tributed are shipped to the Company from outside Missouri. During
the same period, the Company received approximately $21,000 in fees.
II. THE ORGANIZATION INVOLVED
American Federation of Labor is a labor organization admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During January 1942, the. Union sent a proposed contract to the
Company. The Company did not reply.
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 mean-
ing 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
exchange of the Company, including the office manager-booker-sales-
man and the confidential secretary to the president of the Company,
but excluding the janitor and back room employees, constitute an
appropriate unit. The only controversy with respect to the unit
concerns the office manager-booker-salesman and the confidential sec-
retary to the president of the Company. The Union urges that such
employees be included in the unit, and the Company that they be
excluded.
The office manager-booker-salesman is in complete charge of the
Company's office and also performs the duties of an outside sales-
man. Under the circumstances, we shall exclude him from the unit.
The president of the Company has a confidential secretary who the
Company contends should be excluded from the unit because of the
confidential nature of her duties. This employee takes dictation,
files correspondence, and handles personal matters for the president.
We shall exclude the confidential secretary from the unit.
2 The Trial Examiner reported that the Union presented two authorization cards bearing
apparently genuine signatures of persons whose names appear on the Company's pay roll
of April 16, 1942. There are three employees on that pay roll.
364, DECISIONS OF NATIONAL, LABOR, RELATIONS BOARD
We find that all office employees at the St. Louis film exchange of,
the Company, excluding the office manager-booker-salesman, the jani-
tor, back room employees, and the confidential secretary, constitute
a unit appropriate for' the purposes of collective bargaining, within
the.meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion 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 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 to ascertain representa-
tives for the purposes of collective bargaining with Producers Re-
leasing Corporation of St. Louis, 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 supervision of the Regional Director for the Fourteenth
Region, acting in this matter as agent for the National Labor Rela-
tions Board' and subject 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.,