Republic Pictures Corp.

In the Matter of REPUBLIC PICTURES CORPORATION and AMERICAN FEDERATION OF LABOR Case No. R-3744. -Decided May 28,194( Jurisdiction : notion 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, district manager, office-manager-booker, outside salesmen, janitors, back room employees ; no dispute as to; confidential secretary excluded over objection of union. Mr. Nat E. Steinberg, of St. Louis, Mo., for the Company. Mr. E. P. Tlteiss, 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 Republic Pic- tures Corporation, St., Louis, Missouri, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice,' 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 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 Republic Pictures Corporation is a New York corporation with its principal office at New York City. We are here concerned with 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. 92. 436 REPUBLIC PICTURES CORPORATION 437 the St. Louis film exchange of the Company where it is engaged in the distribution of motion pictures. During its fiscal year end- ing August 31, 1941, the St. Louis exchange of the Company handled approximately 144 prints of feature pictures and about 8 prints of short,subjects. All the prints distributed at the St. Louis film ex- change are shipped to it from outside Missouri. During the same period, the St. Louis film exchange received over $225,000 in fees, about 30 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. II. THE ORGANIZATION INVOLVED During December 1941, the Union presented a proposed contract to the Company. The Company replied stating that it had no knowledge of the Union's claim to a majority. 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 exchange of the Company , including the confidential secretary to the branch manager, but excluding the branch manager, district man- ager, office manager-booker , outside salesmen , janitors, and back room elnployees ,3 constitute an appropriate unit. The only controversy with respect to the unit concerns the confidential secretary to the branch manager .4 The Union urges that such employee be included in the unit and the Company that she be excluded. 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 takes dictation and files correspondence dealing with personnel problems and receives 2 The Trial Examiner reported that the Union presented 6 authorization cards bearing apparently genuine signatures of persons whose names appear on the Company 's pay roll as of April 20. 1942 . There are 6 employees on that pay roll 'The back room employees are presently covered by a contract between the Company and another labor organization affiliated with the American Federation of Labor. 4A statement by counsel for the Company at the hearing appears to imply that the Union requests inclusion of the office manager-booker, although the record is to the contrary In any event we exclude that employee from the unit. 438 DECISIONS OF'NATIONAL LABOR RELATIONS BOARD substantially higher pay than the other office employees. We shall exclude the confidential secretary to the branch manager from the unit. We find, that all office employees at the St. Louis film exchange of the Company, excluding the branch manager, district manager, office manager-booker, outside salesmen, janitors, back room em- ployees, and the confidential secretary to the branch manager, 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. 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 Republic Pictures 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 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.