Warner Bros. Pictures, Inc.

National Labor Relations Board - Board Decisions

Aug 31, 1940

27 N.L.R.B. 48 (N.L.R.B. 1940)

In the Matter of WARNER BROS. PICTURES, INC., R. K. O. RADIO PIC-
TURES, INC., TWENTIETH CENTURY-FOX FILM CORPORATION, COLUM-
BIA PICTURES CORPORATION, LoEw's INCORPORATED, UNIVERSAL
PICTURES COMPANY, INC., SAMUEL GOLDWYN STUDIOS, PARAMOUNT
PICTURES, INC., HAL ROACH STUDIOS, INC., and- MOVING PICTURES
PAINTERS, LOCAL No. 644, AFFILIATED WITH THE BROTHERHOOD OF
PAINTERS, DECORATORS AND PAPER HANGERS OF AMERICA, A. F. L.
In the Matter of THE ASSOCIATION OF MOTION PICTURE PRODUCERS,
INC., WARNER BROS. PICTURES, INC., 'R. K. O. RADIO PICTURES, INC.,
TWEE TIETH CENTURY-FOx FILM CORPORATION, COLUMBIA PICTURES
CORPORATION, LOEW'S INCORPORATED, UNIVERSAL PICTURES COM-
PANY, INC., SAMUEL GOLDWYN STUDIOS, PARAMOUNT PICTURES, INC.)
HAL ROACH STUDIOS, INC., and MOVING PICTURE PAINTERS, LOCAL
No. 644, AFFILIATED WITH THE BROTHERHOOD OF PAINTERS, DECO-
RATORS AND PAPER HANGERS OF AMERICA, A. F. L.
Cases Nos. R-1973 to R-1982, incllusive =Decided August 31, 1940
Jurisdiction : motion picture industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition to union; request certification be obtained; prior
consent election supervised by Board agent, no bar to ; persons who have
worked a specified length of time during any 12 consecutive months from
April 1, 1039, to (late of Direction, eligible to vote; election necessary.
Unit Appropriate for Collective Bargaining : single unit of all scenic artists
employed by nine motion picture producers, agreement as to.
Practice and Procedure : petition dismissed as to party where no showing made
that said party employed persons of the type described in the petition.
Mr. William R. Walsh, for the Board.
Freston cC Files, by Mr. Herbert Freston and Mr. Arthur Freston,
of Los Angeles, Calif., for Warner Bros. Pictures, Inc.
Alfred Wright and Gordon Hall. Jr., by Mr. Gordon Hall, Jr., of
Los Angeles, Calif., for Twentieth Century-Fox Film Corporation.
Jacob , H. Karp, of Los Angeles, Calif., for Paramount Pictures, Inc.
Loeb cC Loeb, by Mr. Norman Newmark, of Los Angeles, Calif.,
for Universal Pictures Company, Inc., Loew's -Incorporated, and
Samuel Goldwyn Studios.
Mitchell, Silberberg, Roth, cC Krupp, by Mr. William Hinckle, -of
Los Angeles, Calif., for R. K. O. Radio Pictures; Inc., Columbia
Pictures Corporation, and Hal Roach Studios, Inc.
27 N. L R. B., No 8
48
WARNER BROS. PICTURES, INC: 49
Mr. James ='S. Howie, of Hollywood, Calif., for,the Picture Pro-
ducers. - -
Mr. George E. Bodle and Mr. Herbert K. Sorrell, of Los Angeles,
Calif., for the Picture Painters. - '- - - `
Mr. Don Martin, Mr. Frederick Robinson, Mr. Gabe Pollock, and
Mr. Lewis W.•Physioc, of Los Angeles, Calif.,'for the-Association.
Mr. Louis•S.,Penfaeld,'of counsel to the Board.
DECISION,,
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE' •
On December 28, 1939, Moving Picture -Painters, Local No. 644,
affiliated with 'the Brotherhood of Painters, Decorators and Paper
Hangers: of America; A. F. L.,1-herein., called the Picture Painters,
filed with, the Regional Director for the Twenty-first Region '(Los'
Angeles, California) separate petitions, and-on May 3, 1940; separate
amended petitions, alleging that questions affecting commerce had
arisen concerning the representation of employees 'of Warner Bros.
Pictures, Inc:,, R. K. O. Radio Pictures, Inc., Twentieth Century-Fox
Film Corporation-, Columbia Pictures Corporation ,2 Loew's Incorpo-
rated, Universal Pictures Company, Inc.; Samuel Goldwyn Studios 4
Paramount Pictures, Inc., and Hal Roach Studios, Inc., herein col-
lectively referred to as the Companies, re,spectively-^ and requesting
investigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat: 449, herein
called the Act. On `May 23, 1940; the Picture Painters filed with
the-Regional Director a petition alleging that a question affecting
commerce Arad arisen concerning the representation of employees of
the Association of Motion Picture Producer's, Inc., herein called the
Picture Producers, and of the Companies, and requesting a similar
investigation and certification. 'Oli July 11, 1940, the National Labor
Relations Board, herein called the Board, acting pursuant to Sec-
tion 9 (c) of the Act and Article III, Sections 3 and 10 (c) (2),
of -National Labor Relations Board Rules and Regulations-Series 2,
as amended, bordered an investigation upon the afore-mentioned
i Incorrectly designated in some of the formal papers as "Moving Picture Painters Local
644, A F L."
• 2 Also referred to in the record as -"Columbia Pictures Corporation , Inc." and incor-
rectly designated in the formal papers as "Columbia Pictures Corp."
B Incorrectly designated in some of the formal papers as "Universal Pictures Co , Inc '•
All.parties stipulated that the pleadings and record be corrected in so far as they
incorrectly designate the name of this Company as "Samuel Goldwyn Inc, Ltd
323428-42-vol. 27-5
50 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
petitions, authorized the Regional'Director;to conduct-;it and to pro-
vide for an appropriate hearing upon due notice, and further ordered
that the above-entitled cases 'be consolidated. "
On July 15, 1940, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Companiesi, the, Picture-
Producers,- the Picture Painters, and Scenic Arts Association.- of
America, Inc., herein called the Association,' a labor ^ organization
claiming to represent employees-directly affected by the investiga-
tion. Pursuant to notice, a, hearing.-in the consolidated cases :was
held on July 22 and 31, 1940, in Los Angeles, C,alifornia,.before A.
Bruce Hunt, the Trial Examiner, duly designated,by the Board. The
Board, the Companies, 'the Picture Producers, the Picture Painters,
and the Association were represented by counsel and participated in
the hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing upon the issues
was afforded all parties. On July 22, 1940, 'the Picture -Producers
filed a motion to dismiss'the proceedings as to-it, in which it alleged,
in substance,' that. it is. a. membership corporation whose. members
include, among others, the Companies herein; that it does not now,
and never has bargained collectively or otherwise with employees,of
its members;, and that it is not now and never has been engaged 'in
the production 'of motion picture's and does ,not employ -Any: p^erson_s_
of the type, described in the petition. The motion was renewed at
the hearing and joined in by the Picture Painters. The Trial Exam-
iner reserved ruling thereon. No showing was made that the Picture
Producers engages in the production of motion pictures or that it
employs persons of the type described in the petition. The petition,
in so far as it relates to the Picture Producers,' is hereby dismissed.
At the conclusion of the hearing the Association moved to dismiss
all the petitions and amended petitions. The Trial Examiner
reserved ruling on this motion. The motion is hereby denied.
Upon the entire record in the cases, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESSES OF THE COMPANIES
Warner Bros. Pictures, Inc., R. K. O. Radio Pictures, Inc., Twen-
tieth Century-Fox Film Corporation, Columbia Pictures Corpora=
tion, Loew's Incorporated, Universal Pictures Company, Inc.,
Samuel Goldwyn Studios, Paramount Pictures, Inc'.,, aiid' Hal-Roach
Studios, Inc., the Companies herein, among others, participated in
a previous hearing conducted by one of the Board's"Trial Exam-
iners in 1937, following which the Board issued its Decision and
, - -WARNER BROS. PICTURES, INC. 51
Direction of Election.6 That Decision contained under the heading
"Findings of Fact . . . II. The business of the Companies,"
detailed statements of the business' operations of the Companies
herein's among others. At the hearing herein the parties stipulated 7
that "if witnesses were called to testify concerning the business of
the companies they would testify that the operations of the com-
panies are substantially the same as they were in 1937" and "that
the facts appearing in the Board's decision relating to these com-
panies would be the facts testified to by such witnesses." The find-
ings •of fact contained in the Decision in the previous case relative
to the character and extent of the businesses of the Companies herein
are hereby incorporated in and made a part of this Decision and
Direction of Election.
II. THE ORGANIZATIONS INVOLVED
Moving Picture Painters, Local No. 644, affiliated with the
Brotherhood of Painters, Decorators and Paper Hangers of Amer-
ica, A. F. L., is a labor organization admitting to its membership
employees of the Companies.
Scenic Arts Association of-America, Inc., is a labor organization
admitting to its membership employees of the Companies.
III. THE QUESTION CONCERNING REPRESENTATION
At the hearing all parties stipulated and we find that a consent
election participated in by the Picture Painters and the Association
was held in October 1938 among employees of the Companies; that
following said election the Regional Director issued it certificate cer-
tifying that a majority of the ballots cast therein had been cast in
favor of the Association ; and that in February 1940 the Picture
Painters presented the Compa1 ies 'with demands for exclusive recog-
a Matter of Metro - Goldwyn-Mdyer Studios, and Motion Picture Producers Assn., et aL.
and Screen Writers Guild, Inc , 7 N L. R B. 662
e The statements concerning the businesses of the Companies herein appear in 7 N. L.
R. B at the following pages : Warner Bros Pictures Inc, page 681 ; R. K. O. Radio
Pictures , Inc, page 679 ; Twentieth Century-Fox Film Corporation , page 680; Columbia
Pictures Corporation, page 677; Loew's Incorporated , page 672; Universal Pictures Com-
pany, Inc, page 680; Samuel Goldwyn Studios, page 675; Paramount Pictures , Inc., page
677 ; Hal Roach Studios, Inc , page 684 The parties herein agree that Samuel Goldwyn
Studios is referred to in the previous Decision as "Samuel Goldwyn, Inc ., Ltd." We find-
that the findings in the previous Decision as to the nature of the business of "Samuel
Goldwyn , Inc, Ltd " are applicable in the present proceeding to Samuel Goldwyn Studios.
The parties did not specifically agree that Columbia Pictures Corporation is referred to
in the previous Decision as "Columbia Pictures Corporation of California , Ltd." However,
it is clear from the record herein, and we find, that the findings made in the previous_
Decision as to the nature of 1the business of "Columbia Pictures Corporation of California,
Ltd " are applicable to Columbia Pictures Corporation in the present proceeding.
The Picture Producers did not join in this or any of the subsequent stipulations herein-
after referred to.
52 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
nition as -the, collective bargaining representative of the scenic artists
'employed by the Companies. Thereafter the Companies refused to
negotiate with either union in the absence of certification by the
Board.
The Association seeks to dismiss the petitions herein on the ground
that the consent election of October 1938 is binding on the Picture
,Painters and that no necessity for a new and further election has
been shown. There was introduced in, evidence at the hearing an
analysis-made, by the Regional Director showing that of the em-
ployees found below to comprise the appropriate unit substantial
numbers are members of the Picture Painters and the Association,
respectively. We find that the consent election of October ' 1938
does not constitute a bar to our proceeding with an election and
certification of representatives herein."
We find that a question, has arisen concerning representation of
employees of the Companies.
IV. THE ' EFFECT OF THE QUESTION CONCERNING REPRESENTATION. UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Companies
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States,
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
All parties stipulated that "the Board may consider that the scenic
artists 9 employed by all the companies are . . . a single unit."' At the
hearing scenic artists were described as persons -whose work "consists
of making miniature models, sketches, carpenter drawings, painting for
theatrical productions, motion ^ictilre settinbs, backgrounds' and their
various effects, mural paintings; tapestries, portraits, pictorial hang-
ings, free-hand ornamental work, free hand work on flat surfaces, on
and offsets, cycloramas, panoramas, diaramas, and such other work as
comes under the category of scenographic." We see no reason for
altering the agreed unit.' We find that all persons employed as scenic
artists or assistant scenic artists by the Companies constitute a single
unit appropriate.for the purposes of collective bargaining, and that
- s Matter of Westinghouse Electric Manufacturing Company and United Electrical, Radio
& Machine Workers of America, Local 724 , affiliated with the Congress of Industrial 'Or-
gamzations, 14 N. L.' R B 268 ; Matter of Sunri , Shipbuilding and Dry Dock Company and
Pattern Makers League of North America, 14 N L R. B. 292.
e All parties stipulated that the term scenic artists includes assistant scenic artists.
WARNER BROS.-PICTURES," INC. _-53
said unit will insure to employees of the Companies the full benefit of
their right to self-organization and to. collective bargaining and other-
wise effectuate the policies of the Act. -
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot:
The Picture Painters and the Association stipulated that if the
Board directs an election, "the voter must be carried on the pay roll
of one or more of the Companies involved in this proceeding for a
period of one week or more between April 1, 1939, and March 31, 1940,
as scenic artists or assistant scenic artists" to be eligible to vote therein,
and "that the week . . . shall be defined as six work days of six hours
or more each." The Companies took no position regarding eligibility
to vote. We construe the unions' stipulation to mean that persons
within the appropriate unit whose names appeared on the pay rolls of
one or more of the Companies between April 1, 1939, and March 31,
1940, for periods which together total at least 6 work days of at least 6-
hours each shall be eligible to vote. The standard of eligibility thus
agreed upon would not permit scenic artists presently employed by the
Companies but who were not employed for 6 days prior to March 31,
1940, to participate in the choice of bargaining representatives. We see
no reason for not permitting such employees to vote. We shall accord-
ingly direct that persons within the appropriate unit whose names
appeared on the pay rolls of one or more of the Companies for periods
which together total at least 6 work days of at least 6 hours each during
airy 12 consecutive months between April 1, 1939, and the date of our
Direction of Election shall be eligible to vote.
Upon the basis of the above findings of fact and upon the entire
record in thecase,_the Board makes the following,:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of the Companies, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
2. All persons employed as scenic artists and assistant scenic artists
by the Companies constitute a single unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
Act.
DIRECTION OF ELECTION -
I
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,
54 DECISIONS.'_OF NATIONAL LABOR RELATIONS BOARD
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 authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with the Companies herein, 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, 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 all persons em-
ployed as scenic artists and assistant scenic artists by Warner- Bros.,
• Inc., R. K. O. Radio Pictures, Inc., Twentieth Century-Fox Film Cor=
poration, Columbia Pictures Corporation, Loew's Incorporated, Uni-
versal Pictures Company, Inc., Samuel Goldwyn Studios, Paramount
Pictures, Inc., and Hal Roach Studios, Inc., whose names appeared oil
the pay rolls of one or more of the Companies for periods which to-'
gether total at least 6 work days of at least 6 hours each during any 12
consecutive months between April 1, 1939, and the date of this Direc-
tion of Election, to determine whether they desire to be represented by
Motion Picture Painters, Local No. 644, affiliated with the Brother-
hood of Painters, Decorators and Paper Hangers of America, A. F. L.,
,or by Scenic Arts Association of America, Inc., for the purposes of col-
lective bargaining, or by neither.
[sAiIE TITLE
CERTIFICATION'OF REPRESENTATIVES
- October 11, 1940
On August 31, 1940, the National Labor Relations Board issued
its Decision and Direction of Election in the above-entitled pro-
ceeding. Pursuant to the Direction of Election, an election by secret
ballot was conducted on September 26 and 27, 1940, under the direc-
tion and supervision of the Regional Director for the Twenty-first
Region (Los Angeles, California). On September 28, 1940, the
Regional Director, acting pursuant to Article III, Section 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, issued his Election Report, copies of which- were duly
served upon the parties: No objections to the conduct of the ballot
or the Election Report have been filed by any of the parties.
WARNER BItOS. PICTURES, INC. 55 •
As to the balloting and the results thereof, the Regional Director
reported as follows : ,
Total on eligibility list -------------------------------------- 125
Total ballots cast------------------------------------------- 77
Total ' ballots challenged_____ __--_-_-___________3
Total blank ballots________________________________________ 0
Total void ballots -------- _'--------------------------------- 0
Total ballots not-counted------------------------------------ 3
Total ballots counted_______________________________________ 74-
Total votes for Motion Picture Painters, Local No 644, Af-
filiated with Brotherhood of Painters, Decorators and Paper
Hangers of America, AFL--------------------------------- 58
Total votes for Scenic Arts Association of America, Inc------- 16
Total votes for neither_____________________________________ 0
-
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules itnd Regulations-Series
2, as amended,
IT, IS HEREBY CERTIFIED that Motion Picture Painters, Local N. 644,
affiliated with the Brotherhood of Painters, Decorators and Paper
Hangers of 'America, A. F. L., has been designated and selected
by a majority of the persons employed as scenic artists and assistant
scenic artists by Warner Bros., Inc., R. P. 0. Radio Pictures, Inc.,
Twentieth Century-Fox Film Corporation, Columbia Pictures Cor-
poration, Loew's Incorporated, Universal Pictures Company, Inc.,
Samuel Goldwyn Studios, Paramount Pictures, Inc., and Hal Roach
Studios, Inc., as their representative for the purposes of collective
bargaining, and that, pursuant to the provisions of Section 9 (a)
of the National Labor Relations Act, Motion Picture Painters, Local
No. 644, affiliated with the Brotherhood of Painters, Decorators and
Paper Hangers of America, A. F. L., is the exclusive representative
of all such employees for the purposes of collective bargaining in
respect to rates-of pay, wages, hours of employment, and other condi-
tions of employment.
27 N. L. R. B., No. 8a.