Motion Picture Producers and Distribution of America, Inc., & Nicholas M. Schenck

In the Matter Of MOTION PICTURE PRODUCERS AND DISTRIBUTORS OF AMERICA, INC., & NICHOLAS M. SCHENCK; THE ASSOCIATION OF MOTION PICTURE PRODUCERS, INC. & JOSEPH M. SCHENCK & PAT CASEY; and COLUMBIA PICTURES CORPORATION OF CALIFORNIA, LTD., ET AL. and INTERNATIONAL SOUND TECHNICIANS OF THE MOTION PIC- TURE INDUSTRY, LOCAL 695 OF THE INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES AND MOVING PICTURE MACHINE OPERATORS OF THE UNITED STATES AND CANADA, ET AL. Cases Nos. R-1.1E66 to R-1528, inclusive.Decided August 28, 1939 Motion Picture Industry-Election Ordered : findings of fact deferred pending election pursuant to stipulation.. Mr. William R. Walsh, for the Board. Mr. Mendel Silberberg, of Los Angeles, Calif., for the Companies. Mr. Joseph A. Padway, of Washington, D. C., for the I. A._ T. S. E., its affiliates , and the S. U. E. Mr. Charles J. Katz, of Los Angeles, Calif., for the U. S. T. G. Mr. Roscoe L. Barrow, of counsel to the Board. DIRECTION OF ELECTION On October 12, 1938, International Sound Technicians of the Mo- tion Picture Industry, Local 695 of the International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada, affiliated with the American Fed- eration of Labor, filed, with the Regional Director for the Twenty- first Region (Los Angeles, California) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Columbia Pictures Corporation of California, Ltd., Hollywood, California, and requesting an investigation and certifica- tion of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Certain other petitions and amended petitions were filed by International Alliance of Theatrical Stage Employees and Moving Picture Opera- tors of the United States and Canada, herein called the I. A. T. S. E., and its affiliates, Studio Utility Employees, Local 724, herein called the S. U. E., and United Studios Technicians Guild (Independent), herein called the U. S. T. G., alleging that a question affecting com- 14 N. L. R. B., No. SO. 1162 MOTION PICTURE PRODUCERS AND DISTRIBUTORS OF AMERICA, INC. 1163 merce had arisen concerning the representation of employees of Co- lumbia Pictures Corporation of California, Ltd., Hollywood, Cali- fornia; Loew's Incorporated, Culver City, California; Paramount Pictures, Inc., Los Angeles, California; RKO Radio Pictures, Inc., Hollywood, California; Walter Wanger Productions, Incorporated, Los Angeles, California; Twentieth Century-Fox Film Corporation, Los Angeles, California; Universal Pictures Company, Inc., Uni- versal City, California; Warner Bros. Pictures, Inc., Burbank, Cali- fornia ; United Artists Studio Corporation (Samuel Goldwyn Productions), Los Angeles, California; and Hal E. Roach Studios, Inc., Los Angeles, California ; herein called the Companies, and re- questing an investigation and certification of representatives pursuant to Section 9 (c) of the Act. On. August 8, 1939, the National Labor Relations Board, herein called the Board, acting pursuant to Section '9 (c) of the Act and Article III, Section 3, of National Labor Rela- tions Board Rules and Regulations-Series 2, ordered an investiga- tion and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice, and acting pursuant to Article III, Section 10 (c) (2), of the said Rules and Regulations, further ordered that, for the purposes of hearing and for all other purposes, the cases be consolidated and that one record of the hearing be made. Pursuant to Notice and Amended Notice of hearing, issued by the Regional Director on August 9,1939, and August 14,1939, respectively, and duly served upon the Companies, the I. A. T. S. E. and its affili- ates, the S. U. E., and the U. S. T. G., a hearing was held on August 21, 1939, at Los Angeles, California, before Henry W. Schmidt, the Trial Examiner duly designated by the Board. The Board, the Com- panies, the I. A. T. S. E., the S. U. E., and the U. S. T. G. were represented by counsel and participated in the hearing. Full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. On August 22, 1939, the I. A. T. S. E., 11 of its west coast studio locals, the S. U. E., and the U. S. T. G. entered into a stipulation, subject to the approval of the Board, providing that an election by secret ballot should be conducted by the Board within thirty (30) days of the date of the stipulation among any employees of the Com- panies who have been employed sixty (60) working days from Jan- uary 1, 1939, to July 15, 1939, and who are within the categories listed in appendix A, annexed hereto. The stipulation further provided that all such employees should vote as a single unit. By the terms i The stipulation provided that in agreeing that "First Cameramen" shall not vote and that other cameramen shall vote in the election, the I. A. T. S. E. and the American Society of Cinematographers do not resolve their differing claims as to what constitutes an appropriate unit for cameramen. 1164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of the stipulation the Board is to certify the representative of the employees for purposes of collective bargaining within five (5) days after the poll and counting of the ballots is completed. Also on August 22, 1939, the Companies and counsel for the Board entered into a stipulation, subject to the approval of the Board, pro- viding that the Board should issue its Direction of Election and hold an election prior to the making of any findings of fact or the filing of any decision in.these proceedings. On August 26, 1939, the Board issued its Order approving the above stipulations. The Board, having found on the basis of the stipulations in the above matters and upon the entire record, that a question affecting commerce, has arisen concerning the representation of employees of the Companies, and acting pursuant to the power vested in it by Section 9 (c) of the Act and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, hereby DIRECTS that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Columbia Pictures Corporation of California, Ltd., Hollywood, California, Loew's Incorporated, Culver City, California, Paramount Pictures, Inc., Los Angeles, California, RKO Radio Pictures, Inc., Hollywood, California, Walter Wanger Productions, Incorporated, Los Angeles, California, Twentieth Century-Fox Film Corporation, Los Angeles, California, Universal Pictures Company, Inc., Universal City, California, Warner Brothers Pictures, Inc., Burbank, Cali- fornia, United Artists Studio Corporation (Samuel Goldwyn Pro- ductions), Los Angeles, California, and Hal Roach Studios, Inc., Los Angeles, California, an election by secret ballot shall be con- ducted on or before September 21, 1939, under the direction and supervision of the Regional Director for the Twenty-first 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 of the Companies who have been employed sixty (60) working days from January 1, 1939, to July 15, 1939, and who are within the categories listed in Appendix A, annexed hereto, to determine whether they desire to be represented for the purposes of collective bargaining by International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada, affiliated with the American Federation of Labor, or by United Studios Teclinicians Guild (Independent), or by neither. MOTION PICTURE PRODUCERS AND DISTRIBUTORS OF AMERICA, INC. 1165 APPENDIX A These persons are as follows : 1. 1st Soundmen, 2nd Soundmen, 3rd Soundmen, 4th Soundmen, Sound Film Loaders, Sound Public Address Operations, Newsreel Soundmen, and men doing work of any nature in or incidental to the recording of sound. This unit includes all Sound Employees and Classifications engaged in all operation, setting up, handling, inspec- tion, striking, testing, temporary running repairs, sound servicing, scoring, synchronizing, recording, reproduction, re-recording, dub- bing, playbacks, acoustics, amplification, transmission, transference, sound effects, research, experimental, development and/or all speech or audio frequency work of any nature, and all work where electronic devices of any nature are used ; 2. Second Cameramen, Still Cameramen, Assistant Cameramen, Camera film loaders, newsreel Cameramen, industrial Cameramen, and all classifications of men doing work and/or photography of any nature, kind or description related to or incidental to photography; 3. Motion picture laboratory employees and/or still department employees, negative cutters, engaged in the development, printing and cutting, shipping and care of film; 4. The following classifications of Studio Technicians or Mechan- ics; Drapers and Upholsterers, Grips, Nurserymen, Gaffers and Lamp Operators, Projectionists, Propertymen, Property and Miniature Workers, Special Effects Men, Swing Gang-Property-men, and Class B members-all of whom are engaged in the making or taking of motion pictures ; 5. All make-up artists, hair dressers and/or hair stylists and body make-up women, heads of departments, supervisors of make-up, hair- dressing and make-up laboratories employed in motion picture indus- try and all classifications of employees doing make-up and hairdress- ing of any nature, kind or description; 6. Assistant Managers, Foremen and Fore-women, Key or Company Men, Assistant Wardrobe Men, Women (including Set and Stock), Wardrobe Stock Clerks (Men and Women) ; 7. Laborers and utility men engaged in the construction of sets and other incidental labor around said motion picture studio, and includ- ing the following types of work : Wrecking of sets, buildings, walls and old style parallels (both light and construction) ; handling of flats to and from storage to place of action; handling of all construc- tive units for sets and buildings; cutting and gathering of all shrubs, trees and foliage ; striking of all plants, shrubs, foliage or trees from sets; gardening and maintenance of lawns, nurseries and greenhouses; 1166. DECISIONS OF NATIONAL LABOR RELATIONS BOARD the construction, maintenance and repair of all cement, dirt and macadam streets; all sand blasting; handling of heavy bungalows on wheels, or dressing room; handling and laying of tracks for camera dollies, under supervision of cranemen or company grips; moving and pushing of cranes for all moving shots under direction of first and second company grips; aiding special effect men in loading of snow hoppers and any other heavy articles used to produce special effects; opening and closing of doors, windows and ventilators, and the performance of stand-by work on the same; the performance of all work done by signal and whistle men used during the process of production; the cleaning of windows, sweeping of streets, stages and .sets, and similar utility labor; the operation of disposal plants and incinerators; cleaning and storing of lumber and flats; assisting and attending all skilled crafts and the handling of all materials) to the place where the same are used by such skilled crafts; excavation work for buildings, sets, digging of trenches, piers, and of all foundation work, and all holes and caisson work; all tending of plaster and cement for concrete walls, foundations, floors or any other construc- tion; the gathering of all rubbish, refuse and cleaning of all premises, and generally the doing of all miscellaneous and utility labor in connection with the production of motion pictures. MR. EDWIN S. SMITH took no part in the consideration of the above Direction of Election.