Sheridan Peter Pan Studios, Inc.

SHERIDAN PETER PAN STUDIOS, INC. 3 tion over retail or nonretail enterprises and that, therefore, the Board would not assert jurisdiction over the Employer's operations with respect to disputes cognizable under Sections 8, 9, and 10 of the Act.' MEMBER RODGERS took no part in the consideration of the above Advisory Opinion. 2 The Board, as in El Pa8o and Chartiers, is not here deciding whether or not it would assert jurisdiction over country clubs which do meet the retail or nonretail standards. Sheridan Peter Pan Studios, Inc. and Office Employees Inter- national Union, AFL-CIO, Petitioner. Case No. 13-IBC-9170. August 19, 1963 DECISION AND ORDER Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Richard P. Gethner, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman McCulloch and Members Rodgers and Leedom]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organization involved claims to represent certain em- ployees of the Employer. 3. No question affecting commerce exists concerning the representa- tion of certain employees of the Employer within the meaning of Sec- tion 9(c) (1) and Section 2(6) and (7) of the Act, for the following reasons: The Employer operates a home photographic portrait business in the Metropolitan Chicago area. The Petitioner seeks to represent a unit limited to the photographers, of whom there are about 23, on the ground that they are a craft or departmental group entitled to sepa- rate representation. The Employer disagrees and urges that an ap- propriate unit should comprise, in addition to the photographers, the darkroom technicians including retouchers, colorists, and finishers, all of whom constitute its technical department. The Employer also suggests as an alternate appropriate unit one consisting of all em- ployees in the three departments in which its operations are con- 144 NLRB No. 5. 727-083-64-val. 144-2 4 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ducted-technical, sales, and office. There is no history of collective bargaining for any of these employees.' The Employer solicits potential customers by telephone and by sales- men. When an order is placed, arrangements are made for a sitting at the customer's home. Notification of the sitting is then given to one of the Employer's photographers who comes to the home, poses the subject, and takes the required number of exposures. The film is then mailed or brought in by the photographer to the Employer's studio where it is developed and proofs made. The proofs are taken to the subject's home by a salesman, and after selection is made, the negatives are retouched and developed, and the finished prints are colored. The photographers are expected to make about 20 home calls per day. They are paid a fixed amount per call plus a bonus for exceed- ing the specified quota. They drive their own automobiles, but are supplied with a camera, film, lighting equipment, and backdrops. The cameras are preset, requiring no adjustment by the photographer of lens openings or exposure time. The number of poses to be taken is fixed by the Employer, and procedures as to other matters involved in taking pictures are also prescribed. Lighting is supplied through an electronic strobe, and each photographer must bring his camera back to the studio once a week in order to have the size of the lens opening adjusted to compensate for the decreased power of the strobe. These .adjustments are made only by Mr. Laney, who supervises both the photographers and the darkroom technicians. No prior experi- ence, either in taking or developing pictures, is required of the photog- raphers, and they are fully trained in 2 or 3 weeks to carry out their assigned duties. No particular educational qualifications are required for this work. Without deciding at this time whether portrait photography may require the exercise of craft or technical skills, we consider it obvious, in view of the limited skills and training required of these photog- raphers, that they are not entitled to separate representation either as craftsmen or as technical employees. Nor is there any basis for finding that the photographers alone constitute an appropriate depart- mental group. They constitute only a segment of an administrative department of the Employer which is engaged in an integrated proc- ess, the reproduction of an image through the exposure and develop- ment of film. The fact that the photographers perform their work outside the studio and under different conditions from the darkroom technicians is not itself a sufficient ground for permitting them to be Some of the photographers went on strike in April 1962 and thereafter met with the Employer in one or more meetings. The strikers neither requested nor were accorded recog- nition as the representative of all the photographers , and no agreement as to terms or con- ditions of work was entered into. LOCAL 3, INT'L BROTHERHOOD OF ELECTRICAL WORKERS 5 represented separately from other employees who share like interests with them through participation in a common endeavor 2 As a unit limited to the photographers alone is inappropriate and as the Petitioner does not wish to participate in an election for any other unit, we shall dismiss the petition. [The Board dismissed the petition.] 2 The Board has treated photographers and darkroom technicians as a single category for unit purposes. Thiokol Chemical Corporation, Redstone Division, 123 NLRB 888, 892; Westinghouse Air Brake Company, Union Switch & Signal Division, 119 NLRB 1391, 1394. Local 3, International Brotherhood of Electrical Workers, AFL- CIO and Jack Picoult and Al Picoult d/b/a Jack Picoult. Case No. 2-CP 192. August 19, 1963 SUPPLEMENTAL DECISION AND ORDER On April 26, 1963, the United States Court of Appeals for the Second Circuit handed down its decision declining to enforce the Board's initial Decision and Order,' and remanding the case for "more adequate findings in the light of this opinion." 2 After a re- appraisal of the record in the light of the court's opinion, we reaffirm our previous conclusion that Respondent violated Section 8(b) (7) (C) of the Act. A. The applicable principles The court remanded the case to the Board primarily because it was doubtful whether the Board had properly applied the second proviso to Section 8(b) (7) (C). Section 8(b) (7) (C) bans picketing for recognitional or organizational purposes which has been conducted for more than a reasonable period of time (not to exceed 30 days) without a representation petition having been filed. But the second proviso to (C) states : That nothing in this subparagraph (C) shall be construed to prohibit any picketing or other publicity for the purpose of truthfully advising the public (including consumers) that an employer does not employ members of, or have a contract with, a labor organization, unless an effect of such picketing is to in- duce any individual employed by any other person in the course of his employment, not to pick up, deliver or transport any goods or not to perform any services. 1137 NLRB 1401. 2 N.L.R.B. v. Local 3, International Brotherhood of Electrical Workers, AFL-CIO (Jack Picoult ), 317 F. 2d 193, 196 (C.A. 2). 144 NLRB No. 9.