RKO Service Corp.

National Labor Relations Board - Board Decisions

Jun 3, 1942

41 N.L.R.B. 656 (N.L.R.B. 1942)

In the Matter of RKO SERVICE CORPORATION and SCREEN PUBLICISTS
GUILD OF NEW YOUR.
Case No. R-3834.-Decided June 3, 1941
Jurisdiction : theatre managing industry.
Investigation and Certification of Representatives : existence of question.
parties stipulated that Company refused to bargain with union until certified
by the Board; election necessary +
Unit Appropriate for Collective Bargaining : all advertising copywriters, press
book editors and writers, publicity and feature writers, planters and contact
men who work within the State of New York, production men, exploitation
men who work mainly in New York City and the surrounding metropolitan
area, and salaried artists, employed in the Company's domestic advertising
and publicity department in New York City, excluding free-lance artists,
secretaries, clerks, messenger boys, delivery boys, free-lance writers, artists in
art studios, and supervisory employees, stipulation as to.
Gordon E. Youngman, by Mr. Robert H. Dann and Mr. William F.
Whitman, of New York City, for the Company.
Boudin, Cohn and Glickstein, by Mr. Sidney Fox, of New York City,
for the Union.
Mr. Max E. Halpern, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Screen Publicists Guild of New York,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of RICO Service
Corporation, New York City, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Frederick R. Livingston, Trial Examiner. Said hearing
was held at New York City on May 15, 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:
41 N L 1 13, No 129
656
RKO SERVICE CORPORATION
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
657
RKO Service Corporation, a New York corporation with its prin-
cipal office and place of business in New York City, is engaged in the
management of 96 theatres throughout the United States, operated by
subsidiaries of Radio-Keith-Orpheum Corporation. The Company
renders various services for these theatres, such as accounting, book-
keeping, executive, managerial, insurance, tax, legal, purchasing,
maintenance, advertising and publicity services. A substantial
amount of the equipment purchased by the Company for the theatres
is made in one State and delivered to other States. The domestic ad-
vertising and publicity department of the Company, which is involved
herein, has approximately 22 employees.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Screen Publicists Guild of New York is an unaffiliated labor or-
ganization, admitting to membership publicists employed, by the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that a question concerning representation
has arisen by reason of the Company's refusal to bargain with the
Union until certified by the Board as the representative of a majority
of the employees in an appropriate bargaining unit. A statement
of the Regional Director, introduced into evidence at the hearing,
indicates that the Union represents a substantial number of employees
in the unit hereinafter found appropriate.'
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 Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
advertising copywriters, press book editors and writers, publicity and
feature writers, planters and contact men who work within the State
of New York, production men,, exploitatioii men who work mainly
1 The Regional Director reported that the Union submitted 11 application-for-membership
raids, 10 aie dated between B'ebinarv 2:5 and March 5, 1942, and 1 is•undated, all cards
bear apparently genuine signatures of persons whose names are on the Company's pay
roll of March 19, 1942, which lists 22 employees in the department involved.
463892- 42-vol 41--42
658 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in New York City and the surrounding metropolitan area, and sal-
aried artists, employed in the domestic advertising and publicity de-
partment of RICO Service Corporation, located at 1270 Sixth Avenue,
New York City, excluding free-lance artists, secretaries, clerks, mes-
senger boys, delivery boys, free-lance writers, artists in art studios,
and supervisory employees, constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b)
of the Act.2
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 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 investigation to ascertain representa-
tives for the purposes of collective bargaining with RICO Service
Corporation, New York City, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from
the date of this Direction of Election, under the direction and super-
vision 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 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 employees who did not work because
they were ill or on vacation or in the active military service or train-
ing of the United States, or temporarily laid off, but excluding em-
ployees who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by Screen Publicists Guild
of New York for the purposes of collective bargaining.
2 According to a stipulation of the parties the following persons were employed within
the unit at the time of the hearing: William Kernan, John Cassidy, Hal Seroy, Sidney
Rubin, Herman Barnett, Blance (sic) Livingston, Peggy Foldes, Ed. Kestnbaum, James
Mulball, William Thormann, Fred Herkowitz, Maurice Harris, Pat Giosso, Raymond Malone,
and Vincent Liguori.