Monogram Pictures Corp.

In the Matter Of MONOGRAM PICTURES CORPORATION and AMERICAN FEDERATION OF LABOR Case No. R-3746.-Decided May,' 6,1942 Jurisdiction : motion picture distributing industry. - Investigation and Certification of Representatives : existence of question: failure to prove majority; election necessary. Unit Appropriate for Collective Bargaining : all office employees at Company's St. Louis film exchange, excluding the branch manager, outside salesmen, the janitor, back-room employees, the booker, and secretary-bookkeeper. - Mr. Robert G. Taylor, of St. Louis, Mo., for the Company. Mr. E. P. Theiss, of St. Louis, Mo., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE'CASE Upon petition duly filed by American Federation of Labor, herein called the Union , alleging that a question affecting commerce had arisen concerning the representation of employees of Monogram Pic- tures Corporation , St. Louis, Missouri, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice 1 before Jack G. Evans, Trial • Examiner. Said hearing was held at St. Louis, Missouri, on April 20, 1942. The Company and the Union appeased , 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 Ex- aminer's rulings made during the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Monogram Pictures Corporation is a Missouri corporation with its principal 'office at St. Louis, Missouri; where it ' is engaged in the 1 At the same time the Board consolidated this proceeding with seven other cases. On April 7, 1942; the Board issued an order severing this case from the others 41 N L. R. B., No. 64. 307 308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD distribution of motion pictures. During the 6-month period ending April 1, 1942, the Company handled approximately 58 prints of fea- ture, pictures. All the prints are shipped to the Company from out- side Missouri. During the same period, the St. Louis film exchange received approximately $39,000 in fees, about 40 percent of which was received from exhibitors outside Missouri. II.' THE ORGANIZATION INVOLVED American Federation of Labor is a labor ' organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Union claims to represent a majority of the Company's'em- ployees. The Company states that it has no knowledge of the Union's claim. A statement of the Trial Examiner, read into evidence during the hearing, indicates that the Union represents a substantial number of employees 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 Union urges that all office employees at the St. Louis film ex- change of the Company, including the booker and secretary-book- keeper, but excluding the branch manager, outside salesmen, janitor, and back room employees,' constitute an appropriate unit. The only controversy with respect to the unit concerns the booker and secre- tary-bookkeeper. The Union urges that such employees be included in the unit, and the Company that they be excluded. The Company contends that the duties of the booker are similar to those of the salesmen, who are excluded from the unit by agree- ment of the parties. The booker contacts motion picture exhibitors by mail, telephone, or in the Company's offices and attempts to sell motion pictures to them. Under the circumstances, we shall exclude the booker from the unit. The secretary-bookkeeper acts as personal secretary to the branch manager. The Company contends that such employees should be 2 The Trial Examiner. reported that the Union presented two authorization cards bearing apparently genuine signatures iof persona whose names appear on the Company's pay loll as of April 20, 1942. There are three employees on that pay roll. 3 The back room employees are presently covered by a contract between the Company and another labor organization affiliated with the American Federation of Labor. MONOGRAM PICTURES , CORPORATION 309 excluded from the unit because of the confidential nature of her duties. This employee, among other duties, takes dictation and files corre- spondence dealing with personnel 'problems. We shall exclude the secretary-bookkeeper from the unit. We find that all office employees at the St. Louis film exchange of the Company, excluding the branch manager, outside salesmen, the janitor, back room employees , the booker, and secretary-bookkeeper, constitute a unit appropriate for.the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. V. TUE • DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation 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 Re- lations Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby Dn2EOTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Monogram Pic- tures Corporation, St. Louis, Missouri, 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 super- vision of the Regional Director for the Fourteenth Region, acting in this matter as agent for the National Labor Relations Board and sub- ject 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 any such 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 any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by American Federation of Labor for the purposes of collective bargaining.