Republic Pictures Corp.

National Labor Relations Board - Board Decisions

Nov 1, 1944

59 N.L.R.B. 7 (N.L.R.B. 1944)

In the Matter of REPUBLIC PICTURES CORPORATION and SCREEN OFFICE
AND PROFESSIONAL EMPLOYEES GUILD, LOCAL 109, U. O. P. W. A.,
C. I. O.
Case No. 2-R-4866.-Decided November 1, 1944
Mr. Theodore R. Black, of New York City, for the Company.
Boudin, Cohn cE Glickstein, by Mi% Leonard Boudin, of New York
City, for the CIO.
Mr. Matthew M. Levy, of New York City, for the AFL.
'Mr. Ben Grodsky, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by Screen Office and Profes-
sional Employees Guild, Local 109, U. O. P. W. A., C. I. 0., herein
called the CIO, alleging that a question affecting commerce had arisen
concerning the representation of employees of Republic Pictures Cor-
poration, New York City, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before John J. Cuneo, Trial Examiner. Said hearing was held
at New York City, on October 4, 5, and 6, 1944. The Company, the
CIO, and International Alliance of Theatrical Stage Employees and
Moving Picture Machine Operators of the United States and Canada,
affiliated with the American Federation of Labor, and Local F-51 of
International Alliance of Theatrical Stage Employees and Moving
Picture Machine Operators of the United States and Canada, herein
jointly called the AFL, appeared and participated. All parties 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. All parties were afforded an opportunity to
file briefs with the Board.
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 Delaware corporation engaged
in the distribution of motion pictures throughout the United States
59 N. L. B. B., No 3.
7
8 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and various foreign countries. _ It owns all the stock of its subsidiary,
Republic Productions, Inc., which is engaged in the production of
motion pictures in the State of California. It maintains 26 branch
distribution offices or exchanges located in various States of the United
States. In addition, 6 exchanges which are not owned or operated by
the Company distribute the pictures of Republic Productions, Inc., in
certain States,. lutside-tlie State of New- York. This pt'oceeding in-
volves the company-owned branch located at 630 Ninth Avenue, New
York City, which ships positive prints of motion pictures directly to
exhibitors who after using the prints, return them to the branches or
exchanges. This branch serves the Greater New York and Northern
New Jersey territory, excluding certain counties, in each State. The
Company employs approximately 33 employees in this branch office.
It employs approximately 450 employees in all 26 of its branch offices.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
-Screen,.Offiee & Professional Employees Guild, Local 109; U.-O. P.
W. A., affiliated with the Congress of Industrial Organizations, is a
labor organization admitting to membership employees of the
Company.
International Alliance of Theatrical Stage Employees and Moving
Picture Machine Operators of the United States and Canada, affiliated
with the American Federation of Labor, and its Local F-S1, are labor
organizations admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 20, 1944, the C. I. O. sent a letter to the Company claiming
to represent a majority of the clerical employees engaged in the front
office of the Company's New York branch office and requesting a meet-
ing-for the purpose of collective bargaining. The Company made no
reply to this communication.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the C. I. O. represents a substantial number of
employees in the unit hereinafter found appropriate.'
•W 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 Act.
1 The Field Examiner reported that the CIO submitted 8 cards which bore the names
of 8 persons listed on the Company's pay roll of July 4, 1944, which contained the names
of 13 employees in the alleged appropriate unit , and that the cards were all dated in June
1944.
` The AFL 'submitted no designations but relied -upon its closedt.4hop -contract with the
Company covering these employees to establish its interest in this proceeding The con-
tract will expire November 30, 1944, and is not raised as a bar to this proceeding.
REPUBLIC PICTURES CORPORATION
IV. THE APPROPRIATE UNIT
9
We find, in accordance with the stipulation of the parties, that all
clerical and professional employees employed in the front office of
the Company's New York branch, 630 Ninth Avenue, New York City,
including bookers, print bookers, the head booker, cashiers, assistant
cashiers, bookkeeping machine operator, typists, clericals, billers, con-
tract clerks, and telephone operators, but excluding shipping em-
ployees, poster clerks, inspectors, district managers, branch managers,
office manager, salesmen, confidential secretaries, and all supervisory
employees, with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively
recommend such action, 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
All parties are in agreement that an election should be held on or
about December 15, 1944. The CIO takes the position that the Board
should" fix.4eligibility as of the pay-roll period ending October 6, 1944,
for the reason that, with the assistance of the Company, the AFL may
be able to better its position by the use of the closed-shop provision
in its contract with regard to hiring and discharge between now and
the proposed election date. The Company and the AFL take the
position that the usual Board rule with respect to eligibility should
prevail, the AFL advancing as a reason the turn-over of employees
in the Company and the industry. In our opinion there is no per-
suasive reason to warrant a change in our customary practice.
Consequently, we shall direct that the question concerning repre-
sentation 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
In stipulating to the appropriate unit, the AFL reserved the light at some future date
to urge as appropriate a company -wide or industry -wide unit.
3 The CIO and the AFL wish to be designated on the ballot as their navies appear in the
Direction of Election.
10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Republic Pic-
tures Corporation, New York City, an election by secret ballot shall
be conducted on_ or about December 15, 1944, 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, Sections 10 and 11, of said Rules and-Regula-
tions, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immedi-
ately preceding the date of this Direction, including employees who
did not work during the said pay-roll period because they were ill or
on vacation or temporarily laid off, and including employees in the
armed forces of the United States who present themselves in person
at the polls, but excluding any who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date
of the election, to determine whether they desire to be represented
by Screen Office & Professional Employees Guild, Local 109, U. O.
P. W. A., CIO, or by Film Exchange Employees Union, Local F-51,
I. A. T. S. E., A. F. of L., for the purposes of collective bargaining,
or by neither.
MR. JOHN M. HOUSTON took no part in the consideration of the
above Decision and Direction of Election.