Paramount Film Distributing Corp.

{ In the Matter Of PARAMOUNT FILM DISTRIBUTING CORPORATION and AMERICAN FEDERATION OF LABOR Case No. B-3743.-Decided May R7,1942 Jurisdiction : motion picture distributing industry. Investigation and Certification of Representatives : existence of question: re- fusal of Company to accord union recognition. until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : all office employees at the Company's St. Louis film exchange, excluding the office manager, branch manager, outside salesmen, janitor, porter, back room employees ; no dispute as to ; booking manager„and confidential secretary excluded over objection of union. Austin C. Keough; by Mr. George A. Barry, of New York City, for the Company. Mr. E. P. Theiss, of St. Louis, Mo., for the Union. Mr. Louis Cokin, of counsel to the Board. I 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 Paramount Film Distributing Corporation, St. Louis, Missouri, herein called the Com- pany, the National Labor Relations Board provided for an appro- priate 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 appeared, participated, and were afforded full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues. At the close of the hearing counsel for the Company moved to dis- miss the petition. The Trial Examiner reserved his ruling. 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. 75. 358 PARAMOUNT FILM DISTRIBUTING CORPORATION 359 motion"is hereby denied. The Trial Examiner's rulings made at'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 Paramount Film Distributing Corporation is a Delaware corpo- ration with its principal office at New York City. It is a subsidiary of Paramount Pictures, Inc. We are here concerned with the St. Louis film exchange of the Company where it' is engaged in the' dis-- tribution of motion pictures. During its fiscal year ending August 311 1941, the St. Louis exchange of the Company handled approxi- mately 266 prints of feature pictures and about 255 prints of short subjects: All the prints distributed at the St. Louis film exchange are "shipped to it from outside Missouri. During the same period, the St. Louis film exchange received over $500,000 in fees, about 50 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 During December 1941, the Union requested the Company to recog- nize it as exclusive representative- of the Company's employees. - The Company denied this request until such time as the Union is certified by the Board. A statement of the Regional Director, introduced 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. S IV. THE APPROPRIATE UNIT The Union urges that all office employees at the St. Louis film ex-_ change of the Company, including the booking manager and confiden- tial secretary to the branch manager, but excluding the branch man- The Regional Director reported that the Union presented 9 authorization cards bearing apparently genuine signatures of persons whose names appear on the Company's pay roll of February 16, 1942. There are 13 employees on that.pay roll. ^ r- 360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ager, office manager, outside salesmen, janitor, porter, and back room employees,3 constitute an appropriate unit. The only controversy with respect to the unit concerns the booking manager and the con- fidential secretary to the branch manager. The Union urges that such employees be included in the unit, and the Company that they be excluded. The booking manager has three employees under him and has the authority to hire and discharge. Under the circumstances, we shall exclude the booking manager from the unit. The branch manager has a confidential secretary whom the Com- pany contends should be excluded from the unit because of the con- fidential nature of her duties. This employee, among other duties, takes dictation and files correspondence dealing with personnel prob- lems. We shall exclude the confidential secretary from the unit. We find that all office employees at the St. Louis film exchange of the Company, excluding the office manager, branch manager, outside salesmen, janitor, porter, back room employees, booking manager, and confidential secretary, 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 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 Elec- tion 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 8, of National Labor Relations 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 Paramount Film Distributing 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 supervision of the Regional Director for the Fourteenth Region, acting in this matter as agent for the National Labor Relations Board 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. PARAMOUNT FILM DISTRIBUTING CORPORATION 361 and subject 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.