Producers Releasing Corp. of St. Louis

In the Matter Of PRODUCERS RELEASING CORPORATION OF ST. LOUIS and AMERICAN FEDERATION OF LABOR Case No. R-3745.-Decided May 27, 1942 Jurisdiction : motion picture distributing industry. Investigation and Certification of Representatives : existence of question: fail- ure of Company to reply to union's proposed contract ; election necessary. Unit Appropriate for Collective Bargaining : all office employees at the Com- pany's St. Louis film exchange, excluding the janitor and back room employees ; no dispute as to; office manager-booker-salesman and confidential secretary excluded over objection of union. Mr. Noah Bloomer, of Belleville, Ill., 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 Producers Re- leasing Corporation of St. Louis, St. Louis, Missouri, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon clue 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. The Trial Examiner'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 Producers Releasing Corporation of St. Louis is a Missouri cor- poration with its principal office at St. Louis, Missouri, where it is '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. 76. 362 PRODUCERS RELEASING CORPORATION OF ST. LOUIS 363 engaged in the distribution of motion pictures. From January 1941 up to the date of the hearing the Company handled approximately 32 feature pictures and about 24 "Westerns." All the prints dis- tributed are shipped to the Company from outside Missouri. During the same period, the Company received approximately $21,000 in fees. 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 January 1942, the. Union sent a proposed contract to the Company. The Company did not reply. 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 mean- ing 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 exchange of the Company, including the office manager-booker-sales- man and the confidential secretary to the president of the Company, but excluding the janitor and back room employees, constitute an appropriate unit. The only controversy with respect to the unit concerns the office manager-booker-salesman and the confidential sec- retary to the president of the Company. The Union urges that such employees be included in the unit, and the Company that they be excluded. The office manager-booker-salesman is in complete charge of the Company's office and also performs the duties of an outside sales- man. Under the circumstances, we shall exclude him from the unit. The president of the Company has a confidential secretary who the Company contends should be excluded from the unit because of the confidential nature of her duties. This employee takes dictation, files correspondence, and handles personal matters for the president. We shall exclude the confidential secretary from the unit. 2 The Trial Examiner reported that the Union presented two authorization cards bearing apparently genuine signatures of persons whose names appear on the Company's pay roll of April 16, 1942. There are three employees on that pay roll. 364, DECISIONS OF NATIONAL, LABOR, RELATIONS BOARD We find that all office employees at the St. Louis film exchange of, the Company, excluding the office manager-booker-salesman, the jani- tor, back room employees, and the 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 em- ployees 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 Producers Re- leasing Corporation of St. Louis, 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 Rela- tions Board' 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.,