Republic Pictures Corp.

In the Matter of REPUBLIC PICTURES CORPORATION and SCREEN OFFICE AND PROFESSIONAL EMPLOYEES GUILD, LOCAL 109, U. O. P. W. A., C. I. O. Case No. 2-R-4866.-Decided November 1, 1944 Mr. Theodore R. Black, of New York City, for the Company. Boudin, Cohn cE Glickstein, by Mi% Leonard Boudin, of New York City, for the CIO. Mr. Matthew M. Levy, of New York City, for the AFL. 'Mr. Ben Grodsky, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by Screen Office and Profes- sional Employees Guild, Local 109, U. O. P. W. A., C. I. 0., herein called the CIO, alleging that a question affecting commerce had arisen concerning the representation of employees of Republic Pictures Cor- poration, New York City, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before John J. Cuneo, Trial Examiner. Said hearing was held at New York City, on October 4, 5, and 6, 1944. The Company, the CIO, and International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada, affiliated with the American Federation of Labor, and Local F-51 of International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada, herein jointly called the AFL, appeared and participated. All parties 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. All parties were afforded an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Republic Pictures Corporation is a Delaware corporation engaged in the distribution of motion pictures throughout the United States 59 N. L. B. B., No 3. 7 8 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and various foreign countries. _ It owns all the stock of its subsidiary, Republic Productions, Inc., which is engaged in the production of motion pictures in the State of California. It maintains 26 branch distribution offices or exchanges located in various States of the United States. In addition, 6 exchanges which are not owned or operated by the Company distribute the pictures of Republic Productions, Inc., in certain States,. lutside-tlie State of New- York. This pt'oceeding in- volves the company-owned branch located at 630 Ninth Avenue, New York City, which ships positive prints of motion pictures directly to exhibitors who after using the prints, return them to the branches or exchanges. This branch serves the Greater New York and Northern New Jersey territory, excluding certain counties, in each State. The Company employs approximately 33 employees in this branch office. It employs approximately 450 employees in all 26 of its branch offices. The Company admits, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED -Screen,.Offiee & Professional Employees Guild, Local 109; U.-O. P. W. A., affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada, affiliated with the American Federation of Labor, and its Local F-S1, are labor organizations admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On June 20, 1944, the C. I. O. sent a letter to the Company claiming to represent a majority of the clerical employees engaged in the front office of the Company's New York branch office and requesting a meet- ing-for the purpose of collective bargaining. The Company made no reply to this communication. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the C. I. O. represents a substantial number of employees in the unit hereinafter found appropriate.' •W 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. 1 The Field Examiner reported that the CIO submitted 8 cards which bore the names of 8 persons listed on the Company's pay roll of July 4, 1944, which contained the names of 13 employees in the alleged appropriate unit , and that the cards were all dated in June 1944. ` The AFL 'submitted no designations but relied -upon its closedt.4hop -contract with the Company covering these employees to establish its interest in this proceeding The con- tract will expire November 30, 1944, and is not raised as a bar to this proceeding. REPUBLIC PICTURES CORPORATION IV. THE APPROPRIATE UNIT 9 We find, in accordance with the stipulation of the parties, that all clerical and professional employees employed in the front office of the Company's New York branch, 630 Ninth Avenue, New York City, including bookers, print bookers, the head booker, cashiers, assistant cashiers, bookkeeping machine operator, typists, clericals, billers, con- tract clerks, and telephone operators, but excluding shipping em- ployees, poster clerks, inspectors, district managers, branch managers, office manager, salesmen, confidential secretaries, and all supervisory employees, with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, 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 All parties are in agreement that an election should be held on or about December 15, 1944. The CIO takes the position that the Board should" fix.4eligibility as of the pay-roll period ending October 6, 1944, for the reason that, with the assistance of the Company, the AFL may be able to better its position by the use of the closed-shop provision in its contract with regard to hiring and discharge between now and the proposed election date. The Company and the AFL take the position that the usual Board rule with respect to eligibility should prevail, the AFL advancing as a reason the turn-over of employees in the Company and the industry. In our opinion there is no per- suasive reason to warrant a change in our customary practice. Consequently, we shall direct that the question concerning repre- sentation which has arisen be resolved by an election by secret ballot among the employees 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 Rela- tions Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby In stipulating to the appropriate unit, the AFL reserved the light at some future date to urge as appropriate a company-wide or industry-wide unit. 3 The CIO and the AFL wish to be designated on the ballot as their navies appear in the Direction of Election. 10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Republic Pic- tures Corporation, New York City, an election by secret ballot shall be conducted on_ or about December 15, 1944, under the direction and supervision 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, Sections 10 and 11, of said Rules and-Regula- tions, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immedi- ately preceding the date of this Direction, including employees who did not work during the said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed 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 and have not been rehired or reinstated prior to the date of the election, to determine whether they desire to be represented by Screen Office & Professional Employees Guild, Local 109, U. O. P. W. A., CIO, or by Film Exchange Employees Union, Local F-51, I. A. T. S. E., A. F. of L., for the purposes of collective bargaining, or by neither. MR. JOHN M. HOUSTON took no part in the consideration of the above Decision and Direction of Election.