Twentieth Century-Fox Film Corp.

National Labor Relations Board - Board Decisions

Jun 20, 1942

41 N.L.R.B. 1161 (N.L.R.B. 1942)

In the Matter of TWENTIETH CENTURY-Fox FILM CORPORATION and
TWENTIETH CENTURY-Fox JANITORS AND MATRONS GUILD, INDE-
PENDENT'
Case No. R-3851.-Decided June 00, 1942
Jurisdiction : motion picture production industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board ; election
necessary. t
Unit Appropriate for Collective Bargaining : all janitors (including the janitors
in the laboratory, but excluding the janitor foreman), matrons, window wash-
ers, and dressing room attendants.
Mr. Gordon Hall, Jr., of Los Angeles, Calif., for the Company.
Mr. William R. Bloom, of Los Angeles, Calif., for the Guild.
Mr. Arthur Garrett, of Los Angeles, Calif., for the Hod Carriers.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed 'by_ Twentieth Century-Fox Janitors- and
Matrons Guild, Independent, herein called the Guild, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Twentieth Century-Fox Film Corporation, Los
Angeles, California, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Stanley D. Metzger, Trial Examiner. Said hearing was held
at Los Angeles, California, on May 18, 1942. The Company, the Guild
Studio Miscellaneous Employees Union, Local No. 1104; International
Hod Carriers Building and Common Laborers Union of America, and
Studio Utility Employees Union, Local 724, International Hod Car-
riers Building and Common Laborers Union of America, herein col-
lectively called the Hod Carriers, 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.
41 N. L. R. B., No. 210.
1161
1162 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 THE COMPANY
Twentieth Century-Fox Film Corporation is a New York corpora-
tion, engaged at a studio in Los Angeles County, California, in the
production of motion pictures. It spends approximately $21,000,000
annually in producing motion pictures of which approximately $1,-
500,000, including approximately $700,000 representing the cost of
film, is spent for raw materials used in such production. The Com-
pany has its own distribution department, the principal offices of
which are located in New York City. It ships prints and negatives to
points outside the State of California.'
II. THE ORGANIZATIONS INVOLVED
Twentieth Century-Fox Janitors and Matrons Guild, Independent
is an unaffiliated labor organization admitting to membership employ-
ees of the Company.
Studio Miscellaneous Employees Union, Local No. 1104, Interna-
tional Hod Carriers Building and Common Laborers Union of Amer-
ica and Studio Utility Employees Union, Local 724, International
Hod Carriers Building' and Common Laborers Union of America
are labor organizations affiliated with the American Federation of
Labor and admit to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In November 1941 the Guild requested wage increases for employ-
ees in the unit it alleges appropriate. The Company informed the
Guild that it would consider its request. In February or March 1942
the Guild approached the Company for an answer. The Company
stated at that time that it would not bargain with the Guild unless
and until the latter is certified by the Board.
A report prepared by the Trial Examiner and introduced in evi-
dence at the hearing indicates that the Guild represents a substantial
'The above findings relating to the business of the Company are based upon findings
of the Board in the Matter of Motion Picture Producers and Distributors of America,
Inc, et at. and International Sound Technicians of the Motion Picture Industry, Local
693 of the International Alliance of Theatrical Stage Employees and Moving Picture Ma-
chine Operators of the United States and Canada, et at. 15 N. L. R. B . 224. The parties
stipulated at the hearing that the findings in said Decision and Certification of Repre-
sentatives substantially, desciibe the activities and operations of the Company at the
present time . Said findings are hereby incorporated herein by reference.
'TWENTIETH CENTURY-FOX FILM' CORPORATION 1163
number of the employees of the Company 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 Guild contends that all janitors engaged in cleaning adminis-
trative and executive offices, bungalows on wheels, and dressing rooms,
and all window washers, dressing room attendants, and matrons con-`
stitute a unit appropriate for the purposes of collective bargaining.
The Hod Carriers contends that the above unit is inappropriate and
that the employees listed should be included in a larger unit of mis-
cellaneous labor. The Company took no position with respect to
,the unit. There are 4 janitors employed by the Company at its
laboratory some 8 or 10 miles from the studio. It is not clear whether
or not either the Guild or the Hod Carriers desires these employees
included in the unit each alleges to be appropriate.
Janitors clean the entire old and new administrative building; the
writers' buildings; and dressing rooms, whether portable or sta-
tionary. The duties of the janitors at the laboratory, consisting of
one building, are substantially the same as those of the janitors at
the studio. Window washers wash the windows and do some jani-
torial work in all the buildings and dressing rooms. The matrons
and dressing attendants take care of the rest rooms in the buildings,
and the stationary rest rooms, and dressing rooms on the lot. None
of these employees are engaged in any duties on the stages proper.
They work 40 hours a week.- The wages of the window washers and
all the janitors are $24 to $30 per week, and the matrons and dressing
room attendants receive $18 to $23 per week.
The duties of the miscellaneous labor group comprising about 125
persons consist of moving objects on the lot or location, sweeping the
stages, maintenance work, and all labor which is not claimed by
skilled crafts. The laborers receive $1 per hour and work 6 hours
minimum per day with time and a half for overtime between mid-
night and 6 a. in. There is no interchange between the employees in
the unit alleged by the Guild as appropriate and the so-called mis-
cellaneous labor group.
2 The Trial Examiner reported that the Guild presented a certificate of membership
dated April 29, 1942 , containing 52 apparently genuine signatures of persons whose,
names appear on the Company 's pay roll of May 11, 1942 . The total number of names
which appear ' to be within the unit claimed by the Guild on such pay ' roll is 78. The
Trial Examiner 's statement further indicates that the Hod Careers presented 26 mem-
bership application cards , but that none of the names on such application cards appears
on the Company's pay roll of May 11, 1942.
1164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In September 1939 the Board certified International Alliance of
Theatrical Stage Employees and Moving Picture Machine Operators
of the United States and Canada and Studio Utility Employees Local
724 (AFL) as the exclusive bargaining agents for certain categories
of employment at 10 major studios, of which Twentieth Century-Fox
was one.3 The unit was stipulated. Among the included categories
of employment were laborers and utility men engaged in the construc-
tion of sets and other incidental labor around these motion picture
studios. The work of these employees included, inter alia, the. clean-
ing of windows, sweeping of stages and sets, the gathering of all
rubbish and refuse, cleaning all premises, and "generally the doing
of all miscellaneous and utility labor in connection with the pro-
duction of motion pictures." It appears that as a result of this cer-
tification a closed-shop basic agreement covering these categories
of employment was executed in December 1939, by the Studio Pro-
ducers Association on behalf of the studios involved.
None of the employees in the unit alleged by the Guild as appro-
priate voted in the election which resulted in the certification, and
there has been no collective bargaining in behalf of these employees
prior to the present efforts of the Guild. Under the circumstances,
we conclude that the unit requested by the Guild, including the
janitors at the laboratory, is appropriate.
The Guild desires the exclusion of the janitor foreman; the Hod
Carriers desires his inclusion. All the janitors in the studio are sub-
ject to his direct supervision and he has the authority to hire and
discharge them. We are of the opinion that the janitor foreman
should be excluded from the unit.
We find that all janitors (including the janitors at the laboratory,
but excluding the janitor foreman), and all matrons, window washers,
and dressing room attendants, employed by the Company, constitute
a,unit appropriate for the purpose 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 our Direction of
Election herein, subject to the limitations and additions set forth in
said Direction. Since the Hod Carriers has presented no evidence
a Matter of Motion Picture Producers and Distributors of America, Inc. et at. and
International Sound Technicians of Motion Picture Industry , Local 695, et at., 15
N. L' R. B. 224
TWENTIETH CENTURY-FOX FILM CORPORATION 1165
in support of its claim of representation, we shall not accord it a
place on the ballot.
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 Twentieth
Century-Fox Film Corporation, Los Angeles, California, 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 Twenty-
first 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 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 employees who
have since quit or been discharged for cause, to determine whether
or not they desire to be represented by Twentieth Century-Fox
Janitors! and Matrons Guild, Independent, for the purposes of
collective bargaining. ,