United Artists Corp.

In the Matter of UNITED ARTISTS CORPORATION and AMERICAN FEDERATION OF LABOR Case No. R-3747.Decided May 27,1942 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 the Company's St. Louis film exchange, excluding the branch manager, outside salesmen, janitor, back room employees ; no dispute as to ; office manager, cashier- bookkeeper, and the confidential secretary excluded over objection of union; assistant cashier included over objection of Company. Mr. Henry J. Kaltenbach, Jr., 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 United Artists 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 hear- ing was held at St. Louis, Missouri, on April 17, 1942. The Com- pany 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 dismiss the petition. The Trial Examiner reserved his ruling. The motion is hereby denied. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 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. 81. 385 463892-42-vol. 41-25 386 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD On May 11, 1942, the Company filed a brief which the Board has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY United Artists Corporation is a Delaware corporation with its principal office at New York City. We are here concerned with the St. Louis film exchange of the Company where it is engaged in, the distribution of motion pictures. During its fiscal year ending Decem- ber. 27, 1941, the St. Louis exchange of the Company handled ap- proximately 109' prints of feature pictures and 3 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 approximately $289,000, in fees, about 45 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 presented a proposed contract to the Company. The Company replied stating that it had no knowl- edge of the Union's claim to a majority. , • A statement of the Trial Examilier,' 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 exchange of the Company, including the cashier-bookkeeper, assistant cashier, confidential secretary to the branch manager, and office man- ager, but excluding the branch- manager, outside salesmen, 'janitor, 2 The Trial Examiner reported that the Union presented four authoiization cards bearing apparently genuine signatures of persons whose names appear on the Company's pay roll of March 31 , 1942 . There are eight employees on that pay roll. UlfrTED ART'IST'S CORPORATION 387 and back room employees,' constitute an appropriate unit. The only controversy with respect to the unit concerns the cashier-bookkeeper, assistant cashier, office manager, and confidential secretary to the branch manager. The Union urges that such employees be included in the unit and the Company that they be excluded. The office manager is' in complete charge of the office and has; the authority to hire and discharge office employees. We shall exclude the office manager from the unit. The cashier-bookkeeper makes up the pay roll for the, St.. Louis exchange and prepares and signs checks. She also supervises • the work of at least one assistant. The Company stated that it considers its pay-roll records to be confidential. Under all the circumstances, we shall exclude the cashier-bookkeeper from the unit. The, assistant cashier merely assists the cashier-bookkeeper. , She has' no supervisory duties. We shall include the assistant cashier in the unit. The branch manager has a confidential secretary who the Company contends should be excluded from the unit because of the confidential nature of her duties. This employee, among other duties, takes dic- tation and, files correspondence dealing with personnel matters. 'We shall exclude the confidential secretary from the unit. We find that all office employees at the St. Louis film exchange of the Company, including the assistant cashier, but excluding the office manager, branch manager, outside salesmen, janitor, back room employees, cashier-bookkeeper, and the confidential secretary, con- stitute 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 Election herein, subject to the limitations and additions set forth in the Direction. I 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 1 The back room employees are presently covered by a contract between the Company and another labor organization affiliated with the American Federation of Labor. 388 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 United Artists 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 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. I