R. K . O. Radio Pictures, Inc.

National Labor Relations Board - Board Decisions

May 27, 1942

41 N.L.R.B. 365 (N.L.R.B. 1942)

In the Matter of R. K . O. RADIO PICTURES, INC. and AMERICAN
FEDERATION OF LABOR
Case No. R-3742.-Decided May 27, 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 the Company's
St. Louis film exchange, excluding the office manager, branch manager, outside
salesmen , porters, back room employees ; no dispute as to ; bookers and
confidential secretaries excluded over objection of union.
Mr. Irving Moross, of New York City, 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 coommeree had
arisen concerning the representation of employees of R. K. O. Radio
Pictures, Inc., St. Louis, Missouri, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice,' before Jack G. Evans, Trial Examiner. Said hear-
ing was held at St. Louis, Missouri, on April 17, 1942. The Com-
pany 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. At the close of the
hearing counsel for the Company moved to dismiss the petition. The
Trial Examiner reserved his ruling. The motion is hereby denied.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
On May 13, 1942, the Company filed a brief which the Board
has considered.
'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. 77.
365
366 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF TIIE COMPANY
R. K. 0. Radio Pictures, Inc., is a Delaware corporation with its
principal office at New York City. We are here concerned with
the St. Louis film exchange of the Company where it is engaged in
the distribution of motion pictures. During its fiscal year ending
August 31, 1941, the St. Louis exchange of the Company handled
approximately 290 prints of feature pictures and about 115 reels
of short subjects. All the prints distributed at the St. Louis film
exchange are shipped to it from outside Missouri. During the same
period, the St. Louis film exchange received over $150,000 in fees,
about 30 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
During December 1941, the Union presented a proposed contract
to the Company. The Company replied stating that it had no knowl-
edge of the Union's claim to a majority.
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 bookers and confidential secre-
taries, but excluding the branch manager, office manager, outside sales-
men, porters, and back room employees,3 constitute an appropriate
unit. The only controversy with respect to the unit concerns bookers
2 The Trial Examiner reported that the Union presented nine authorization cards bear-
ing apparently genuine signatures of persons whose names appear on the Company's
pay roll as of April 17, 1942 . There are 11 employees on that pay roll.
s The back room employees are presently covered by a contract between the Cnm.parly
and another labor organization affiliated with the American Federation of Labot.
R. K. 0. RADIO PICTURES, INC. 367
and, confidential secretaries. The Union urges that such employees
be included in the unit, and the Company that they may be excluded.
The Company contends that the duties of the bookers are similar
to those of the salesmen, who are excluded from the unit by agree-
ment of the parties. Bookers contact motion picture exhibitors by
mail, telephone, or in the Company's offices and attempt to, sell motion
pictures to them. They participate in "drive money" and "bonus
money" campaigns conducted by the Company and receive the same
percentage of the allotted money as the salesmen. The salary of
the bookers is about 40 percent higher than that of the other office
employees. Under the circumstances, we shall exclude the bookers
from the unit.
The branch manager and office manager each have a confidential
secretary. The Company contends that such employees should be
excluded from the unit because of the confidential nature of their
duties. These employees among other duties, take dictation and file
correspondence dealing with personnel problems. We shall exclude
the confidential secretaries from the unit.
We find that all office employees at the St. Louis film exchange
of the Company, excluding the office manager, branch manager, out-
side salesmen, porters, back room employees, bookers, and confidential
secretaries, constitute a unit appropriate for the purposes of col-
lective 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
employees 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 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
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with R. K. O. Radio
Pictures, Inc., 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
368 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
matter as agent for the National Labor Relations 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-roil 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 col-
lective bargaining.