Terrytoons, Inc.

Tn the Matter of TERRYTOONS, INC. and SCREEN CARTOONISTS LoCAL,1461, AFFILIATED WITH THE BROTHERHOOD OF PAINTERS, DECORATORS AND PAPERHANGERS OF AMERICA, A. F. OF L. Case No. B-5199.-Decided May 3,1943 Breed, Abbott dl Morgan, of New York City, by Messrs. Thomas E. Kerwin. and Francis X. Ward, and Mr. William F. Weiss, for the Company. Mr. William Pomeranee, of Hollywood, Calif., and Mr. Robinson McKee, of New York City, and Mr. Sam Singer, of Stamford, Conn., for the Union. Miss Muriel J. Levor, of counsel to the' Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon amended petition duly filed by Screen Cartoonists Local 1461, affiliated with the Brotherhood of Painters, Decorators and Paper- hangers of America, A. F. of L.,1 herein called the Union, alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Terrytoons, Inc., New Rochelle, New York, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before William T Little, Trial Examiner. Said hearing was held at New York City on April 16, 1943. 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 preju- dicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Terrytoons, Inc., a New York corporation, with its principal office and place of business at New Rochelle, New York, is engaged in the ' Incorrectly designated as "Screen Cartoonists Local 1461, Brotherhood of Painters, Decorators and Paperhangers , A. F. of L" in the petition and other formal papers and corrected by motion granted at the hearing. 49 N. L R B.. No. 53. 401 402 DEUSSONS OF NATIONAL LABOR RELATSONS BOARD production of animated cartoon motion pictures. The principal raw materials used by the Company at its New Rochelle plant are art sup- plies, celluloid, and film. During the year preceding April 15, 1943, the Company purchased raw materials in excess of $10,000 in value, of which more than 50 percent was shipped from points outside the State of New York. During the same period, the Company produced at its New Rochelle plant 25 cartoon negatives valued in excess of $100,000, approximately 75 percent of which were shipped to Techni- color Motion Picture Corporation, Hollywood, California, where prints were made from such negatives. In accordance with instructions f rpm the Company, prints, developed and printed from negatives made by the Company, were shipped by the processing companies to various exchanges of the Twentieth Century Fox Corporation which acts as a distributor for the Company. These exchanges are located through- out the United States and foreign countries. Twentieth Century Fox Corporation leases these prints for exhibition to local theaters in ac- cordance with the distribution agreement it has with the Company. The total revenue obtained by the Company from leasing these prints is in excess of $100,000, more than 70 percent of which is derived from leasing for exhibition in theaters located outside the State of New York. For the purpose of this proceeding, the Company concedes that it is engaged in commerce within the meaning of the National Labor Relations Act. 11. TI]E ORGANIZATION INVOLVED Screen Cartoonists Local 1461, affiliated with the Brotherhood of Painters, Decorators and Paperhangers of America, is a labor organ- ization affiliated with the American 'Federation of Labor, admitting to membership employees of the Company. I III. THE QUESTION CONCERNING. REPRESENTATION On or about March 15, 1943, the Union informed the Company by letter that it represented a majority of its production,employees and requested a conference for the purposes of collective bargaining. The Company did not reply and refuses to recognize the Union as a bar- gaining agent unless and until it is duly certified as such by the Board. A statement of the Trial Examiner, introduced in evidence by agree- ment of the parties at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate.2 The Trial Examiner reported that the 'Union submitted 55 designations , of which 49 bear apparently genuine original signatures corresponding with names on the Company's pay roll of April 10, 1943, containing 67 names. TERRFTOONS, INC. 403 WTe-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 The Union claims as an appropriate bargaining unit all employees of the Company engaged in the creation of animated cartoon.motion pictures except supervisory and clerical employees, and also excluding the employees of the music department who are within the jurisdiction of another labor organization. The Company has made no contentions in respect to the composition of the unit and both parties are agreed as to which job classifications are supervisory. The production of animated motion picture cartoons is a highly integrated procedure. It also appears that there is' a considerable in- terchange of function among certain categories of employees. The unit claimed herein is substantially the same as those the Board has found appropriate in cases involving other companies creating the same product.3 , In view of these circumstances, we find that all the employees of the Company at its New Rochelle, New Yotk, plant, engaged in the pro- duction of motion picture animated cartoons, in all its various phases, including story, lay-out, background, animation, break-down, in-be- tween, tracing and coloring, camera, and full-time maintenance em- ployees, but excluding supervisory, office and clerical employees, direc- tors,4 and employees of- the music department, 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 Although the Union requested that eligibility to vote in any election be, determined by the pay roll nearest the date of filing the petition, it gave no adequate reason for such request. We shall, therefore, direct, that the question concerning representation which has arisen be re- solved by an election by secret ballot among the employees in the appropriate unit who were employed during the pay-roll period im- mediately preceding the date of the Direction of Election herein, sub- ject to the limitations and additions set forth in the Direction.' 3Matter of Walt Disney Productions, Ltd. and Federation of Screen Cartoonists, 13 N. L. R. B. 865, Matter of Walter Lantz Productions, Unsbeisal Pictures Co, Inc and Screen Cartoon Guild, 16 N. L. R. B. 215. `45 The-Union's request to be designated on the ballot as "Screen Cartoonists Local 1461, A. F of L." is granted. 4 It was agreed at the hearing that Bill Tytla' is a director and should be excluded as such. .131647-43) vol. 49-27 N 404 DECSIONS OF NATIONAL LABOR RELATIONIS BOARD ' 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 9, of National Labor Rela tions 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 Terrytoons, Inc., New Rochelle, New York, 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 10, of said Rules and Regulations, among all employees of the Company 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 vaca- tion or temporarily laid off, and including employees in the aimed 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, to determine 'whether or not they desire to be represented by Screen Cartoonists Local 1461, A. F. of L., for the purposes of col- lective bargaining. . I