Twentieth Century Fox Film Corp.

National Labor Relations Board - Board Decisions

Jul 29, 1942

42 N.L.R.B. 1030 (N.L.R.B. 1942)

In the Matter of TWENTIETH CENTURY-Fog FILM CORPORATION AND
SONJA HENIE TOPPING and GRACE GALE, AN INDIVIDUAL. BARBARA
CARABIN, AN INDIVIDUAL, AND MARY TAYLOR, AN INDIVIDUAL
Case No C-2256 -Decided July 29, 1942
Jurisdiction . motion picture production industry
Settlement : stipulation pros iding foi compliance with the Act
Remedial Orders : entered on stipulation
Practice and Procedure - amended complaint dismissed insofar as it alleged vio-
lation of Sections 8 (3) and (4) in regard to a named employee
Mr. Maurice J Nicoson, for the Board
Mr Alfred Wright, of Los Angeles, Calif , for Respondent Fox
Mr Arthur A Desser, of Los Angeles, Calif , for Respondent Henie.
Miss Melvei n R Krelow, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Grace Gale, an
individual, Barbara Carabin an individual, and Mary Taylor, an in-
dividual, the National Labor Relations Board, herein called the Board,
by the Regional Director for the Twenty-first Region (Los Angeles,
California),, issued its complaint dated May 4, 1942, arld an amend-
ment thereto dated May 29, 1942, against Twentieth Century-Fox
Film Corporation, Los Angeles, California, herein called Respondent
Fox, and against Sonja Heme Topping, Brentwood, Los Angeles, Cali-
fornia, acting as agent of, and in the interest of said Respondent Fox,
herein called Respondent Heme, alleging that the respondents had
engaged in and were engaging in unfair labor practices affecting
commerce, within the meaning of Section 8 (1), (3), and (4) and Sec-
tion 2 (6) and (7) of the National Labor Relations Act, 49 Stat 449,
herein called the Act Copies of the complaint, accompanied by a
notice of hearing, and copies of the amendment to the complaint were
duly served upon the respondents, and Grace Gale, Barbara Carabin
and Mary Taylor
Concerning the unfair labor practices. the complaint, as amended,
alleged in substance that ,the respondents. (1) on or about April 18,
42N L R B. No 190
1030
TWENTIETH CENTURY-FOX FILIA CORPORATION 1031
1941, refused to hire, and since that date have failed and/or refused to
hire Grace Gale and Barbara Carabin because they had engaged in
concerted activities for the purposes of collective bargaining, or other
mutual aid or protection; (2) from about April 18, 1941; refused to
hire, and since that date up to May 25, 1942, failed and/or refused to
hire Mary Taylor because she had engaged in concerted activities with
other individuals for the purpose of collective bargaining, or other
mutual aid or protection, (3) on or about May 25, 1942, discharged,
and at all times since that date, failed 'and/or refused to reinstate and
employ Mary Taylor because she had engaged in concerted activities
'with other individuals for the aforesaid purposes and because she had
filed charges and given testimony under the Act, and (4) by the fore-
going acts interfered with, iestrained, and coerced said Grace Gale,
Barbara Carabrn and Mary Taylor in the exercise of the rights guaran-
teed in Section 7 of the Act
On or about June 4, 1942, Respondent Heme filed an answer to the
complaint and on or about June 11, 1942, filed an answer to the amend-
ment to the complaint denying that she had engaged in the alleged
unfair labor practices, and on or about June 11, 1942, Respondent Fox
filed an answer to the complaint, as amended, denying that it had en-
gaged in the alleged unfair labor practices The respondents there-
after withdrew their answers by the ,stipulation hereinafter set forth
Prior to a hearing; the respondents and counsel for the Board entered
into a stipulation dated July 2, 1942, in settlement of the case; subject
to the approval of the Board This stipulation provides as follows •
IT IS HFREBY STIPULATED by and between Twentieth Century-Fox
Film Corporation, by its attorney, Alfred Wright, Sonja Henie
Topping, by her attorney, Arthur Desser; and Maurice J Nicoson,
Attorney, National Labor Relations Board, that :
1 Upon charges and amended charges duly filed by Grace Gale,
an individual; Barbara Carabin, an individual; and Mary Tay-
lor, an individual, the National Labor Relations Board, by the
Regional Director for the Twenty-first Region, acting pursuant
to authority granted in Section 10 (b) of the National Labor Re-
lations Act, and its Rules and Regulations, Series 2 as amended,
issued its Complaint on May 4, 1942, against Twentieth Century-
Fox Film Corporation and Sonja Heme Topping, Respondents
herein, wherein and whereby it was alleged that Respondent
Twentieth Century-Fox Film Corporation and, Respondent Soma
Heme Topping, acting in the interest of Respondent Twentieth
Century-Fox Film Corporation, were and are engaging in certain
unfair labor practices as defined in the National Labor Relations
Act and in-violation of Subsections (1) and (3) of Section 8
thereof. I
1032 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
- 2 That upon further amended charges, dated May 29, 1942, an
Amendment to the Complaint was issued by the National Labor
Relations Board through the aforesaid Regional Director for the
Twenty-first Region, acting pursuant to authority granted in
Section 10 (b) of the National Labor Relations Act and its Rules
and Regulations, Series 2 as amended Said Amendment to the
Complaint was likewise against Respondent Twentieth Century-
Fox Film Corporation and Respondent Sonja Henie Topping, and
said Amendment to the Complaint alleged further violation by
the aforesaid Respondents and that they were and are engaging
in certain unfair labor practices as defined in the National Labor
Relations Act, in violation of Subsections (3) and (4) of Section 8'
thereof.
3 Respondent Twentieth Century-Fox Film Corporation and
Respondent Sonja Henie Topping are desirous of avoiding liti-
gation and do not desire to contest the allegations of said Com-
plaint andAmendment to the Complaint
4 Respondent Twentieth Century-Fox Film Corporation is and
at all times hereinafter referred to has been a corporation organ-
ized in and existing by virtue of the laws of the State of New'York,
having an office and place of business at 1Q2,01 West Pico Boule-
vard, Los Angeles, California where it is engaged in the produc-
tion of motion pictures
5. Raw materials used by Respondent Twentieth Century-Fox
Film Corporation in the production of motion pictures during the
calendar year of 1941 amounted to over ten million dollars, of
which amount more than 50 per cent represents purchases of mate-
rials from sources originating outside of the State of California.
6 Motion pictures produced by Respondent Twentieth Century-
Fox Film Corporation during.the calendar year of 1941'amounted
to over,ten million dollars, of which amount 50 per cent represents
sales and distribution of said motion pictures to points outside of
the State of California. I
7 Respondent Twentieth Century-Fox Film Corporation, is en- -
gaged in interstate commerce within the meaning of the National
Labor Relations Act
8 Grace Gale, Barbara Carabin, and Mary Taylor are individ-
uals and have jointly signed and caused to be signed the charges
and amended charges above referred to.
9 Respondent Twentieth Century-Fox Film Corporation and
Respondent Sonja Heine Topping hereby withdraw their answers
and each separately and severally declines to plead further
10 Respondent Twentieth Century-Fox Film Corporation and
Respondent Sonja Henie Topping expressly waive their right to
TWENTIETH CENTURY-FOX FILM 'CORPORATION 1033
a hearing and agree that the Third Amended Charge, Fourth
Amended Charge, Complaint, and Amendment to the Complaint,
as heretofore served upon the parties, together with a copy of the
Rules and Regulations of the National Labor Relations Boaid,
Series 2 as amended, and this Stipulation shall be filed with the
Chief Trial Examiner of the National Labor Relations Board,
Washington, D C, and when so filed shall constitute the entire
record in these proceedings
11 Respondent Twentieth Century-Fox Film Corporation and
Respondent Sonja Henie Topping waive the making by the Na-
tional Labor Relations Board of findings of fact and conclusions
of law in this matter and consent that the National Labor Relations
Board make and enter an Order in the following terms •
Respondent Twentieth Century-Fox Film Corporation, its offi-
cers, agents, and assigns, and Respondent Sonja Heme Topping,
acting in the interest of Respondent Twentieth Century-Fox
Film Corporation shall
(1) Refrain from
(a) In any`manner interfering with, restraining, or coercing
its employees in the exercise of the right to self-organization, to
form, join, or assist labor organizations to bargain collectively
through representatives of their own choosing, and to engage in
concerted activities for the purpose of collective bargaining or
other mutual aid or protection
(b) Discriminating in regard to hire or tenure of employ-
ment or any term or condition of employment to encourage or
discourage membership in any labor organization
(2), Take the following affirmative action, which the Board
finds will effectuate the policies of the Act.
(a) If in the future the above named persons, Barbara Cara-
bin, Grace Gale, and Mary Taylor are sent, to the studio of
Twentieth Century-Fox Film Corporation to apply for em-
ployment in the manner then current in the motion picture
industry, they will be given equal consideration with other
applicants similarly sent to apply for employment pursuant
to the usual manner of selection of extra talent by Twentieth
Century-Fox Film Corporation.
(b) Respondent Sonja Henie Topping shall make whole said
Barbara Carabin, Grace Gale, and Mary Taylor by payment
to them of a sum of money set opposite their names as follows •
Barbara Carabin- ------------ - $350
Grace Gale----------------------------,------------ $350
Mary Taylor--------------------------------------- $350
1034 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(c) Post immediately in conspicuous places in the studios
of Twentieth Century-Fox Film Corporation, located at 10201
West Pico Boulevard, Los Angeles, California, notices to their
employees stating that Respondents will refrain as provided
in paragraphs (1) (a) and (b) of this Order, maintaining said
notices for a period of at least sixty consecutive days from the
date of posting
(d) Notify the Regional Director for the Twenty -first Re-
gion in writing within ten days from the date of this Order
what steps Respondents have taken to comply therewith.
It is further ordered that the allegations of the Amendment
to the Complaint concerning further violations of Subsections
(3) and ( 4) of Section 8 of the National Labor Relations Act
be, and they hereby are , dismissed
12 The entire agreement between the parties is contained
within the terms of this Stipulation and there is no verbal agree-
ment which varies, alters or adds to this Stipulation
13. -This , Stipulation supersedes and completely replaces a cer-
tain stipulation entered into by the undersigned parties at Los
Angeles, California, on June 11, 1942
14 It is further stipulated and agreed that this Stipulation is
subject to the approval of the National Labor Relations Board
On July 13, 1942, the Board issued its order approving the above
stipulation , making it a part of the record in the case and pursuant
to Article II, Section 36, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, transferring the proceeding
to the Board for the purpose of entry of a decision and order' by the
Board pursuant to the provisions of the stipulation
Upon the basis of the above stipulation and the entire record in
the case, the Board makes the following •
FINDINGS OF FACT
I THE BUSINESS OF THE RESPONDENTS
Respondent Fox is a New York Corporation having an office and
place of business in Los Angeles, California , where it is, engaged in
the production of motion pictures During 1941, Respondent Fox
purchased raw materials valued in excess of $10,000,000 of which more
than 50 percent represents purchases from sources originating outside
the State of California . During the same period , Respondent Fox
produced motion pictures valued in excess of $10,000,000 of which
amount 50 percent represents sales and distribution of said motion
TWENTIETH CENTURY-FOX FILM CORPORATION 1035
pictures to points outside the State of California. Respondent Fox
admits that it is engaged in commerce within the meaning of the Act
We find that the above-described opei ations constitute a continuous
flow of trade, traffic, and commerce among the several States
In matters herein material Respondent Henie acted as an agent of
and in the interest of Respondent Fox, and is an employer within the
meaning of Section 2, subdivision (2) of the Act.
ORDER
Upon the basis of the above findings of fact, the stipulation, and the
entire record in the case, and pursuant to Section 10 (c) of the National
Labor Relations Act, the National Labor Relations Board hereby orders
that Respondent Twentieth Century-Fox Corporation, its officers,
agents, and assigns, and Respondent Sonja Heine Topping, acting iii
the inteiest of Respondent Twentieth Century-Fox Film Corporation,
shall
(1) Refrain from
(a) In any manner interfering with, restraining, or coercing its em-
ployees in the exercise of the right to self-organization, to form, join,
or assist labor organizations to bargain collectively through representa-
tives of their own choosing, and to engage in concerted activities for
the purpose of collective bargaining or other mutual aid or protection.
(b) Discriminating in regard to hire or tenure of employment or
any term of condition of employment to encourage or discourage mem-
bership in any labor organization
(2) _Take the following affirmative action, which the Board finds will
effectuate the policies of the Act
(a) If in the future the above named persons, Barbara Caiabin,
Gi ace Gale, and Mary Taylor are sent to the studio of Twentieth Cen-
tury-Fox Film Corporation to apply for employment in the manner
then current in the motion picture industry, they will be given equal,
consideration with other applicants similarly sent to apply for employ-
ment pursuant to the usual manner of selection- of extra talent by
Twentieth Century-Fox Film Corporation
(b) Respondent Sonja Heine Topping shall make whole said Barbara
Carabin, Grace Gale, and Mary Taylor by payment to them of a sum of
money set opposite their names as follows.
Barbara Carabin------------------------------------------- $350
Grace Gale------------------------------------------------- $350
Mary Taylor----------------------------------------------- $350
(c) Post immediately in conspicuous places in the studios of Twenti-
eth Century-Fox Film Corporation, located at 10201 West Pico Boule-
vard, Los Angeles, California, notices to their employees stating that
1036 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Respondents will refrain as provided in paragraphs (1) (a) and (b)
of this Order, maintaining said notices for a period of at least sixty
consecutive days from the date of posting
(d) Notify the Regional Director for the Twenty-first Region in
writing within ten days from the date of this Order what steps Respond-
ents have taken to comply therewith.
AND IT IS FURTHER ORDERED that the complaint, as amended, insofar as
it alleges that the respondents, by discharging and refusing to reinstate
'Mary Taylor on and after May 25, 1942, have engaged in unfair labor
practices, be, and it hereby is, dismissed
MR GERAJD D REILLY took no part in the consideration of the above
Decision and Order