Republic Pictures Corp.

National Labor Relations Board - Board Decisions

May 28, 1942

41 N.L.R.B. 436 (N.L.R.B. 1942)

In the Matter of REPUBLIC PICTURES CORPORATION and AMERICAN
FEDERATION OF LABOR
Case No. R-3744. -Decided May 28,194(
Jurisdiction : notion 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 branch manager, district manager,
office-manager-booker, outside salesmen, janitors, back room employees ; no
dispute as to; confidential secretary excluded over objection of union.
Mr. Nat E. Steinberg, of St. Louis, Mo., for the Company.
Mr. E. P. Tlteiss, 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 Republic Pic-
tures Corporation, 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 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 at 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
Republic Pictures Corporation is a New York corporation with
its principal office at New York City. We are here concerned with
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. 92.
436
REPUBLIC PICTURES CORPORATION 437
the St. Louis film exchange of the Company where it is engaged
in the distribution of motion pictures. During its fiscal year end-
ing August 31, 1941, the St. Louis exchange of the Company handled
approximately 144 prints of feature pictures and about 8 prints of
short,subjects. All the prints distributed at the St. Louis film ex-
change are shipped to it from outside Missouri. During the same
period, the St. Louis film exchange received over $225,000 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.
II. THE ORGANIZATION INVOLVED
During December 1941, the Union presented a proposed contract
to the Company. The Company replied stating that it had no
knowledge 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
exchange of the Company , including the confidential secretary to
the branch manager , but excluding the branch manager, district man-
ager, office manager-booker , outside salesmen , janitors, and back room
elnployees ,3 constitute an appropriate unit. The only controversy
with respect to the unit concerns the confidential secretary to the
branch manager .4 The Union urges that such employee be included
in the unit and the Company that she be excluded.
The branch manager has a confidential secretary whom the Com-
pany contends should be excluded from the unit because of the con-
fidential nature of her duties . This employee takes dictation and
files correspondence dealing with personnel problems and receives
2 The Trial Examiner reported that the Union presented 6 authorization cards bearing
apparently genuine signatures of persons whose names appear on the Company 's pay roll
as of April 20. 1942 . There are 6 employees on that pay roll
'The back room employees are presently covered by a contract between the Company
and another labor organization affiliated with the American Federation of Labor.
4A statement by counsel for the Company at the hearing appears to imply that the
Union requests inclusion of the office manager-booker , although the record is to the
contrary In any event we exclude that employee from the unit.
438 DECISIONS OF'NATIONAL LABOR RELATIONS BOARD
substantially higher pay than the other office employees. We shall
exclude the confidential secretary to the branch manager from the
unit.
We find, that all office employees at the St. Louis film exchange
of the Company, excluding the branch manager, district manager,
office manager-booker, outside salesmen, janitors, back room em-
ployees, and the confidential secretary to the branch manager, con-
stitute 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
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 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 Republic Pictures
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
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.