Motion Picture Producers and Distributors of America, Inc.

In the Matter Of MOTION PICTURE PRODUCERS AND DISTRIBUTORS OF AMERICA, INC., & NICHOLAS M. SCHENCK ; THE ASSOCIATION OF MO- TION PICTURE PRODUCERS, INC. & JOSEPH M. SCHENCK & PAT CASEY; and COLUMBIA PICTURES CORPORATION OF CALIFORNIA, LTD., ET AL. and INTERNATIONAL SOUND TECHNICIANS OF THE MOTION PICTURE 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-1466 to R-15928, incliusive AMENDMENT TO DIRECTION OF ELECTION September 12,19-39 On August 28, 1939, the National Labor Relations Board, herein called the Board, issued a Direction of Election in the above-entitled proceedings.' The Direction of Election directed that an election by secret ballot be conducted under the direction and supervision of the Regional Director for the Twenty-first Region (Los Angeles, California) on or before September 21, 1939, among stipulated cate- gories of employees of Columbia Pictures Corporation of California, Ltd., Hollywood, California; Loew's Incorporated, Culver City, Cali- fornia; Paramount Pictures, Inc., Los Angeles, California; RKO Radio Pictures, Inc., Hollywood, California; Walter Wanger Pro- ductions, Incorporated, Los Angeles, California; Twentieth Century- Fox Film Corporation, Los Angeles, California; Universal Pictures Company, Inc., Universal City, California; Warner Brothers Pictures, Inc., Burbank, California; United Artists Studio Corporation (Samuel Goldwyn Productions), Los Angeles, California; and Hal Roach Studios, Inc., Los Angeles, California ; to determine whether such employees 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 Technicians Guild (Independent), or by neither. The Board hereby amends the Direction of Election issued on August 28, 1939, by striking therefrom the words "by International Alliance of Theatrical Stage Employees and Moving Picture Machine Oper- ators of the United States and Canada, affiliated with the American Federation of Labor, or by United Studios Technicians Guild (Inde- 114 N. L. R. B. 1162. 15 N. L. R. B., No. 28. 224 MOTION PICTURE PRODUCERS AND DISTRIBUTORS OF AMERICA, INC. 225 pendent), or by neither" and substituting therefor the words "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 Studio Utility Em- ployees, Local 724, affiliated with the American Federation of Labor, the foregoing unions in their discretion to designate either one or both titles on the ballot and in the event both titles are designated on the ballot, the ballots cast for the two unions to be totalled and counted as ballots cast for one organization, or by United Studios Technicians Guild (Independent), or by neither." MR. EDWIN S. SMITH took no part in the consideration of the above Amendment to Direction of Election. 1 SA,%LE TITLE Decided September 26, 1939 Motion Picture Indacstry-Investigation of Representatives: controversy con- cerning representation of employees: employers entered into a closed-shop agree- inent with one union although other unions claimed to represent a majority of the employees in the appropriate unit-Unit Appropriate for Collective Bargain- ing: stipulated; single unit of employees of several companies in specified cate- gories, generally covering technical work in and about studios-Representatives: election held pursuant to stipulation-Objections to the'Election: overruled- Certification of Representatives: upon receipt of a majority vote in the election. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On October 12, 1938, International Sound Technicians of the Motion Picture Industry, Local 695, herein called Local 695, of the Inter4aa- tional Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada, herein called the I. A. T. S. E., affiliated with the American Federation of Labor, filed with the Regional Director for the Twenty-first Region (Los Angeles, California) petitions alleging that questions affecting commerce had arisen concerning the representation of employees of Columbia Pictures Corporation,,- Hollywood, California; Loew's Incorporated, Culver City, California; Paramount Pictures, Inc., Los Angeles, California; RKO Radio Pictures, Inc., Hollywood, California; Twen- I All pleadings filed prior to the hearing hereinafter referred to, the Direction of Election, and the Amendment to Direction of Election in this case designated this company as Colum- bia Pictures Corporation of California , Ltd. During the hearing it was stipulated that since the California and New York companies of Columbia Pictures Corporation had effected a consolidation under a new name, Columbia Pictures Corporation , the pleadings of the case might be amended to substitute the new name for the old one. 226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tieth Century-Fox Film Corporation, Los Angeles, California; Universal Pictures Company, Inc., Universal City, California; War- ner Bros. Pictures, Inc., Burbank, California; Samuel Goldwyn Productions,2 Los Angeles, California; and Hal Roach Studios, Inc., Los Angeles, California; and requesting investigations and certifica- tions of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Association of Motion Picture Producers, Inc., Association of Motion Picture Producers and Distributors of America, Inc., Nicholas M. Schenck, Joseph M. Schenck, and Pat Casey were named as parties in the petitions. Simi- lar petitions and amended petitions were filed on October 18, 1938, by International Photographers of the Motion Picture Industry, Local 659 of the I. A. T. S. E., herein called Local 659; on October 26, 1938, by Studio Technicians of the Motion Picture Industry, Local No. 37 3 of the I. A. T. S. E., herein called Local No. 37; on October 27, 1938, by Studio Utility Employees, Local 724, herein called the S. U. E., affiliated with the American Federation of Labor ; on July 4 and 12, 1939, and on August 7, 1939, by United Studio Technicians Guild (Independent), herein called the U. S. T. G.; on July 19, 1939, by Make-up Artists, Local 706, of the I. A. T. S. E., herein called Local 706; and on July 28, 1939, by Film Technicians of the Motion Picture Industry, Local 683, of the I. A. T. S. E., herein called Local 683. Some of the latter petitions listed as employers, in addition to the companies mentioned above, Samuel Goldwyn, Inc., Ltd., Los Angeles, California ; Walter Wanger Productions, Incorporated, Los Angeles, California; Association of Motion Picture Producers, Inc., Los An- geles, California; and Association of Motion Picture Producers and Distributors of America, Inc., Los Angeles, California. 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 Relations Board Rules and Regulations-Series 2, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice, and further ordered, in accordance with Article III, Section 10 (c) (2), of the said Rules and Regulations, that all the cases be consolidated for the purposes of hearing and for all other purposes and that one record of the hearing be made. 2 This company was designated in the petition , some of the pleadings , the Direction of Election , and Amendment to Direction of Election, by its former name , United Artists Studios Corporation . During the hearing , hereinafter referred to, counsel stated that the name of this company has been changed to that designated above. 8 Since the commencement of these proceedings Local No . 37 has been divided into Locals Numbers 37, 44, 80, 165 , 727, and 728, of the I. A. T. S . E. During the hearing it was stipulated that all these'Locals should be included in the proceedings and that they should be referred to collectively as Local No. 37. MOTION PICTURE PRODUCERS AND DISTRIBUTORS OF AMERICA, INC. 227 On August 10, 1939, Local 706 filed its motion for leave to inter- vene in the case arising out of the petition filed by the U. S. T. G. and concerning employees of Hal Roach Studios, Inc. No reason why Local 706 should not intervene therein appearing, the motion for leave to intervene is hereby granted. On August 14, 1939, Motion Picture Costumers, Local No. 705, of the I. A. T. S. E., herein called Local 705, filed its motion for leave to intervene in those cases arising out of petitions and amended peti- tions filed by the U. S. T. G. No reason why Local 705 should. not intervene in the said cases appearing, the motion for leave to inter- vene is hereby granted. On August 16, 1939, Association of Motion Picture Producers, Inc., Association of Motion Picture Producers and Distributors of Amer- ica, Inc., Joseph M. Schenck, and Pat Casey filed separate motions to dismiss the petitions and amended petitions as to them, on the ground that they have no employees in the categories mentioned in the peti- tions and amended petitions. Since the above parties were not in- cluded in the stipulation, hereinafter referred to, providing for an election to be held among employees of certain designated companies, their motions to dismiss the petitions and amended petitions as to them, are hereby granted.. On August 18, 1939, the American Society of Cinematographers, herein called the A. S. C., filed its motion for leave to intervene in the consolidated proceedings. During the course of the hearing, herein- after referred to, the A. S. C. moved to withdraw its motion for leave to intervene. The Trial Examiner granted the motion. The Trial Examiner's ruling is hereby affirmed. On August 9 and 14, 1939, the Regional Director issued a notice of hearing and an amended notice of hearing, respectively, copies of which were duly served on the parties. Pursuant to the notice and amended notice, a hearing was held on August 21, 22, 23, and 24, 1939, at Los Angeles, California, before Henry W. Schmidt, the Trial Examiner duly designated by the Board. All the parties were repre- sented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the hearing the S. U. E., Local 695, Local 683, Local No. 37, Local 706, and Local 659,4 made motions for leave to withdraw their petitions, and further moved for leave to intervene in the cases aris- ing out of the petitions and amended petitions filed by the U. S. T. G. Since the stipulation; hereinafter mentioned, provides that all peti- * Accompanying the motion to withdraw the petitions filed by Local 659 is the statement that in withdrawing its petitions Local 659 does not waive the position taken by it, that all cameramen constitute a single unit. See footnote 17, infra. , 228. DECISIONS OF NATIONAL LABOR RELATIONS BOARD tions and pleadings relative to cameramen shall be withdrawn by the parties. without prejudice, the Board hereby grants the motion of Local 659 for leave to withdraw its petitions. No reason why the remaining petitions, should be withdrawn appearing, the motions made by the S. U. E., Local 695, Local 683, Local No. 37, and Local 706, for leave to withdraw their petitions, are hereby denied. How- ever, leave to intervene in the cases arising out of the petitions and amended petitions filed by the U. S. T. G. is hereby granted as to the above unions. - During the hearing the U. S. T. G. moved to amend its petitions and amended petitions so as to include Walter Wanger Productions, Incorporated. Walter Wanger Productions, Incorporated, by its counsel, waived notice of hearing, service of petition, "and so forth."' The motion to amend is hereby granted. On August 22, 1939, while the hearing was in progress, the I. A. T. S. E., 11 of its west coast studio locals,5 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 con- ducted by the Board within thirty (30) days of the date of the stipulation among any employees of Columbia Pictures Corporation,. Loew's Incorporated, Paramount Pictures, Inc., RKO Radio Pictures,. Inc., Walter Wanger Productions, Incorporated, Twentieth Century- Fox Film Corporation, Universal Pictures Company, Inc., Warner- Bros. Pictures, Inc., Samuel Goldwyn Productions, and Hal Roach Studios, Inc., herein called the Companies, who have been employed sixty (60) working days from January 1 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 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, providing that the Board should issue its Direction of Elec- tion 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. . During the course of the hearing the Trial Examiner made several rulings on motions and objections to the admission of evidence.. The Board has reviewed the rulings of the Trial Examiner and finds: 6 All the I. A. T. S. E. locals which filed petitions or which were granted leave .to inter vene in these proceedings are included therein. 0 Sep footnote 17, infra. MOTION PICTURE PRODUCERS AND DISTRIBUTORS OF AMERICA, INC. 229' that no prejudicial errors were committed. The rulings are hereby affirmed. On August 28, 1939, 'the Board, finding that a question affecting commerce,had..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, issued its Direction of Election.' For the purpose of expediting the election and thus to insure to the employees of the Companies the full benefit of their right to collective bargaining as early as possible, and pursuant to the terms of the stipulation mentioned above, the Board directed the election without at the same time issu- ing a decision embodying complete findings of fact and conclusions of law. On September 12, 19x9, the Board issued its Amendment to Direction of Election.8 Pursuant to the Direction of Election and Amendment to Direc- tion of Election, an election by secret ballot was conducted under the direction and supervision of the Regional Director for the Twenty-first Region (Los Angeles, California), on September 20, 1939. On September 23, 1939, the Regional Director, acting pur- suant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, issued and served upon the parties his Intermediate Report on the ballot. As to the balloting and its results, the Regional Director reported as follows : 1. Total Number Eligible--------------------------------- 7,790 2. Total Number of Ballots Counted---------------------- 6, 478 3. Total Number of votes for international Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the U. S. and C. (I. A. T. S. E. and M. P. M. 0.) and Studio Utility Employees Local No. 724,. affiliated with American Federation of Labor__ 4, 460 4. Total Number of votes for United Studio Technicians Guild, Independent__________________________________ 1,967 5. Total Number of votes for Neither---------------------- 51 6. Total Number of Blank Ballots------------------------ 2 7. Total Number of; Void Ballots-------------------------- 5 S. Total Number of Challenged Ballots-------------------- 420 On September 20, 1939, the U. S. T. G. filed with the Regional Director its objections to the election. Affidavits in support thereof were filed by the U. S. T. G. up to and including September 23, 1939. On September 23, 1939, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, issued his Report on Objections. The 714 N. L. R. B. 1162. 815 N. L. R. B. 224. 199549-39-vol. 15--16 230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Regional Director found that the objections do not raise substantial and material issues with respect to the conduct of the ballot. The Board has considered the objections , the affidavits in support thereof, and the Regional Director's report thereon . The Board finds that the objections raise no substantial and material issues with respect to the conduct of the ballot , and they are hereby overruled. Upon the entire record in the case,. the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANIES Columbia Pictures Corporation, Loew's Incorporated, Paramount Pictures, Inc., RICO Radio Pictures, Inc., Walter Wanger Produc- tions, Incorporated, Twentieth Century-Fox Film Corporation, Uni- versal Pictures Company, Inc., Warner Bros. Pictures, Inc., and Hal Roach Studios, Inc., tre engaged in the production of motion pictures. Samuel Goldwyn Productions does not produce motion pictures, but it does lease its facilities to motion picture producing organizations. It designs and constructs motion picture sets and provides labor, space, services, and equipment for its lessees. During the fiscal year ending June 30, 1939, Samuel Goldwyn Productions purchased sound- track stock, including picture negatives from J. E. Brulatour, Inc. and Smith & Aller, Ltd., costing $42,717. One of the producing organizations to which Samuel Goldwyn Productions leases its facilities is Walter Wanger Productions, Incorporated.9 The test by which the Board's jurisdiction is determined is whether or not a labor dispute, if one should occur, in a particular industrial enter- prise would burden or obstruct interstate or foreign commerce 10 We find that the stoppage of operations of Samuel Goldwyn Pro- ductions and the attendant interference with operations of Walter Wanger Productions, Incorporated, and its other lessees who are engaged in interstate commerce, would result in substantial inter- ruption to and burden upon interstate commerce. During the course of the hearing counsel for the parties stipulated that if witnesses were called by the Board to testify concerning the business of the Companies, they would testify that the operations of the Companies during these proceedings were substantially, the 'See footnote 13, infra. In the findings of fact there cited it Is stated that Walter Wanger Productions , Incorporated, leases facilities from United Artists Studio Corpora- tion. The new name for United Artists Studio Corporation is Samuel Goldwyn Productions. See footnote 2, supra. The stipulation, hereinafter referred to, provides that if witnesses were called to testify, they would testify that substantially the same facts contained in the findings of fact as to Walter Wanger Productions , Incorporated , cited In footnote 13, infra, -exist today. 10 Consolidated Edison. Company, et at . v. National Labor Relations Board, 58 S . Ct. 1038 (1938). 1IOTION PICTURE PRODUCERS AND DISTRIBUTORS OF AMERICA, INC. 231 same as they were in 1937, at which time testimony was taken in the Matter of Metro-Goldwyn-Mayer Studios, and Motion Picture Producers Assn. et al. and Screen Writers' Guild, Inc.," and it was further stipulated that the facts appearing in the Board's Decision relating to these Companies would be the facts testified to by such witnesses. The Board takes judicial notice of its findings of fact in its Decision referred to above, and hereby incorporates therefrom the following findings of fact : A. Loew's Incorporated is a Delaware corporation. As of December 31, 1937, it took over and continued all of the motion picture producing activities of Metro-Goldwyn-Mayer Corpora- tion. The facts pertaining to the operations of Metro-Goldwyn- Mayer Corporation prior to December 31, 1937, are, therefore, relevant in regard to the present activities of Loew's Incorporated. Metro-Goldwyn-Mayer Corporation, herein referred to as M. G. M., purchased its film from three distributing companies located in California. These three companies, J. E. Brulatour, Inc., Smith & Aller, Ltd., and C. King Charney, are the exclusive distributors, respectively, of Eastman Kodak film manufactured in Rochester, New York, Dupont film manufactured in Parlin, New Jersey, and Agfa. film manufactured in Binghamton, New York. Both J. E. Brulatour, Inc., and Smith & Aller, Ltd., carry inventories of film in their California. warehouses. Agfa film is shipped to a California warehouse of Agfa and there purchased by C. King Charney in amounts determined by the sales requirements of that company. Officers of the three dis- tributors testified at the hearing as to the amount of film which each sold to the Companies. The amount of film, measured in feet, bought by M. G. M. from these distributors, during the periods of time indicated, is as follows : Distributing company Type and amount of film measured in feet Period of time during which the purchases were made 155,700,000 positive Inc Brulatour E J ____________ 7 500 000 negative 1 August 1, 1936 , to August 1, , ______________ . . Ltd Smith & Aller , , _____________ 9,960 ,000 Canadian ____________ f19,415.623 positive _____________ 1937. lSeptember 1936 to August 30, , _______________ - 1,1,056,249 negative ________ J 1937. C. King --------------- -- 28,400infra-red________________ September 1, 1936 , to Septem- ber 1, 1937. Among the purchases of M. G. M. and of the other Companies are other articles purchased from concerns located in California whose stock of such articles either entirely or to a, substantial 117 N. L. It. B. 662. 232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD extent originates outside of California . Articles purchased in substantial quantities by M. G. M. from distributing companies, 75 per cent or more of whose stock of such articles originates in States other than California , are Douglas fir, white and sugar pine, and hardwood from the Globe Lumber Commpany, hardware from the Union Hardware & Metal Company and from the Cali- fornia Hardware Company, and theatrical and drapery fabrics from Dazians, Inc. M. G. M. also has bought photographic supplies from Eastman Kodak Stores , Inc. The manager of this company testified that all the Eastman Kodak Company supplies which his company sold came from Rochester, New York, and that, to his knowledge, all other material sold by his company is purchased from supply firms in the East, mostly in Chicago, Illinois, and New York City. As already indicated, crews of actors and technicians are not infrequently sent from the studios in Hollywood , California, "on location," for. the purpose of filming all or parts of various motion pictures . Crews may be sent out of California. In its last fiscal year, M. G. M. sent crews to Florida, Oregon, Ken- tucky, Arizona, Utah, Maryland, New York, and Mexico. During the fiscal year ending September 1, 1937, M. G. M. spent approximately $29,500,000 in the production of motion pictures. It produced 41 feature-length pictures and 43 short subjects. During the fiscal year, it made 11,230 prints of fea- ture-length pictures of which 10,223 were shipped out of the State of California . It also made 7,547 prints of short 'subjects of which 6,872 were shipped out of California. Its prints were distributed by Loew's Incorporated.12 C. Walter Wanger Productions, Inc., herein referred to as Wanger Productions , is a California corporation . Wanger Pro- ductions rents the equipment which it needs in the production of motion pictures , such as building materials used in set con- struction and fabrics for drapery and furniture covering, from United Artists Studio Corporation. Officers of J. E. Brulatour, Inc., Smith & Aller, Ltd., and C. King Charney testified that these companies sold film in the fol- lowing amounts to Wanger Productions : Distributing company Type and amount of film measured in feet Period of time during which the purchases were made J. E. Brulatour , Inc -------------- 473,000 negative - -------------- August 1, 1936 , to August 1, 1967. Smith & Aller, Ltd --------------- 254,485 negative --------------- September 1936 to August 30, 1937. C. King Charney ----------------- 2.200infra -red ----------------- September 1, 1936 , to Septem- ber 1, 1937. 121d. at 672-674. MOTION PICTURE PRODUCERS AND DISTRIBUTORS OF AMERICA, INC. 233 Information furnished by Wanger Productions indicates that during its last fiscal year, Wanger Productions purchased 788,005 feet of picture film, 2,010,000 feet of sound film, and 449,718 feet of technicolor film in Hollywood, California, from sellers referred to as "Eastman" and "Dupont." Wanger Pro- ductions also purchased photographic supplies from Eastman Kodak Stores, Inc. at a cost of $1,718.75. Wangelj Productions' total cost of production during its last fiscal year amounted to $3,366,388.51. During this period, it produced six feature-length pictures, and shipped six feature- length negatives and prints out of California. It appears that after Wanger Productions has completed a photoplay, it selects a laboratory which may be either within or without California. After the prints of the picture have been made at such labora- tory, 236 of them are there delivered to United Artists Corpora- tion which orders the laboratory to ship the prints to its ex- changes throughout the country. United Artists distributes the prints all over the world and shares in the.. gross receipts with Wanger Productions on a percentage basis. 13 F. Columbia Pictures Corporation o l California, Ltd.,- here- in referred to as Columbia, is a California corporation. During its last fiscal year, Columbia purchased 95,610,310 feet of film from six distributors located in Los Angeles, California. Of- ficers of J. E. Brulatour, Inc., Smith & Aller, Ltd., and C. King Charney testified that these companies sold film in the following amounts to Columbia : Distributing company Type and amount of film measured in feet Period of time during which the purchases were made 68,308 ,000 positive ------------- `August 1 1936 to August 1 J. E. Brulatour , Inc-------------- 3,737 ,000 negative ------------- , , , 1937 10,175,000 Canadian ,.----_---- ' . Smith & Aller, Ltd--------------- 2,385,803 positive -------------- September 1936 to , August 30, 21,000 infra-red---------------- 1937. 'September 1 to Septem- 1936 C. King Charney ------- ---------- 2,064,000 superpan------------- , , ber'1 1937 16,516,000 positive ------------- . , Columbia also has made substantial purchases of the following articles : Hardware from Union Hardware & Metal Company and from the California Hardware Company; theatrical and drapery fabrics from Dazians, Inc' ; and photographic supplies from Eastman Kodak Stores, Inc. During the fiscal year ending June 26, 1937, Columbia spent $8,572,251.85. in the production of motion-pictures. During, the same period, it produced films of. 47 feature-length pictures and Is Id. at 675. 14 See footnote 1, supra. 234 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of 40 short- subjects. Eleven thousand prints and negatives of the feature-length pictures and ' 7,628 prints and negatives of short subjects were shipped out of California. All of Colum- bia's prints are distributed by Columbia Pictures Corporation, a New York corporation, having its principal offices in New York City. G. Paramount Pictures, Inc., herein referred to as Paramount,, is a New York corporation. During its last fiscal year, Para- mount purchased $1,135,542.66 worth of film from J. E. Brula- tour, Inc., $154,341.18 worth of film from Smith & Aller, Ltd., and $1,058.26 worth of film from Agfa Ansco Corporation. The record does not disclose the state of origin of the film purchased from Agfa Ansco Corporation. Officers of J. E. Brulatour, Inc., Smith & Aller, Ltd., and C. King Charney testified that these companies sold film in the following amounts to Paramount : Distributing company Type and amount of film measured in feet Period of time during which the purchases were made 28 511 000 positive J. E. Brulatour Inc __________ 1 , , _____________ 4 768 .000 negative August 1, 1936, to August 1, __ __ , , _____________ 13,524,000 Canadian -__________ 1937. Smith & Aller ____ Ltd 2,961,171 positive ____ 1September 1936 to August 30, ___ ________ , 2,101.323 negative 1 1937. C King Charney 123.000 infra -red _______________ - ),September 1, 1936, to Septem- . _________________ 8,200 superpan ------ _________ J her 1, 1937. Paramount has purchased the following articles in substantial quantities : Douglas fir, white and sugar pine, and hardwood from the Globe Lumber Company, hardware from the Union hard- ware & Metal Company and from the California Hardware Company; theatrical and drapery fabrics from Dazians, Inc.; and photographic supplies from Eastman Kodak Stores, Inc. During its last fiscal year, it sent crews to film pictures or parts of pictures "on location." In the case of one picture, a crew was sent to Illinois, Nebraska, New Jersey, New York, and Ohio, for the purpose of taking transparency background "shots." Other crews were sent to Montana, New Mexico, New York, Wyoming, and Panama. In its fiscal year ending January 2, 1937, Paramount spent $19,910,126.10 in producing full-length feature films and $137,- 164.89. in producing films of short subjects. In that period, it produced 45 feature-]ength films and 8 films of short subjects. Forty-.nine negative and 9,720 positive prints of feature-length films and 8 negatives of the short-subject films were shipped out of California. Paramount's pictures are distributed in the United States and in foreign countries through Paramount's ex- changes and those of its subsidiary, Paramount Pictures Dis- MOTION PICTURE PRODUCERS AND DISTRIBUTORS OF AMERICA, INC. 235 tributing Co., Inc. In a registration statement filed with the Securities and Exchange Commission by Paramount on De- cember 28, 1936, it is stated that Paramount's film exchanges "are located in the principal cities in the United States and Canada and in many of the principal cities throughout the world." Sub- sidiaries of Paramount also operate 569 motion picture theatres, as of October 3, 1936, of which 372 are located in the United States, 178 in Canada, and 19 in other foreign countries. H. RKO Radio Pictures, Inc., herein referred to as RKO, is a Delaware corporation. In 'its last fiscal year, which corre- sponds approximately to the calendar year 1936, RKO purchased 6,265,800 feet of positive film and 4,809,281 feet of negative film from J. E. Brulatour, Inc., and from Smith & Aller, Ltd. The total cost of the film which it purchased was $259,164.19. Offi- cers of the two above-named distributing companies .and of C. King Charney testified that these companies sold film in the following amounts to RKO: Distributing company Type and amount of film measured in feet Period of time during which the purchases were made 000 positive---------------- 1355 August 1 1936 to August 1 J. E. Brulatour , Inc -------------- , 15,570,000 negative ------------- 498 positive _ __ 17 283 , , , 1937. 1September 1936 to August 30 Smith & Aller, Ltd--------------- ______ _ , , ____ 1202,852 negative _____________ , 1937. C. King Charney----------------- 23,395 infra-red--------------- September 1, 1936, to Septem- ber 1, 1937. RKO has purchased substantial quantities of the following articles : Hardware from the Union Hardware & Metal Company and from the California Hardware Company; theatrical and drapery fabrics from Dazians, Inc.; and photographic supplies from Eastman Kodak Stores, Inc. RKO also has purchased a substantial quantity of glass from W. P. Fuller & Co., located in California, which obtains 85 per cent of its stock of glass from Pittsburgh, Pennsylvania. In its last fiscal year, RKO spent $10,355,292 in the produc- tion of motion pictures. In that period, 38 feature-length films and 24 films of short subjects were produced. Thirty-eight negatives and 31 prints of the feature-length films and 24 nega- tives of the films of short subjects were shipped out of Cali- fornia. RKO distributes its pictures in the United States and in some foreign countries through its own distribution depart- ment and system of exchanges. In other foreign countries the exchanges are operated by subsidiary corporations. In still other foreign countries, no exchanges are maintained and dis- tribution rights are sold outright. The principal offices of RKO's distribution department are located in New York City. 236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD RKO's gross income for the past fiscal year was $27,545,072.34 and its net income amounted to $893,580.23. I. Universal Pictures Company, Inc., herein referred to as Universal, is a Delaware corporation. According to information furnished.by Universal, during its last fiscal year ending Sep- tember 30, 1937, it purchased film amounting to $200,000 in value from J. E. Brulatour, Inc. An officer of J. E. Brulatour, Inc., testified at the hearing that from August 1, 1936, to August 1, 1937, it sold 6,440,000 feet of positive film and `4;475,00'feet of negative film to Universal. An officer of C. King Charney testi- fied that from September 1, 1936, to September 1, 1937, this company sold 43,200 feet of infra-red film to Universal. Universal also has purchased the following items in substantial quantities : Hardware from the Union Hardware & Metal, Com- pany and from the California Hardware Company ; theatrical and drapery fabrics from Dazians; Inc.; and photographic sup- plies from Eastman Kodak Stores, Inc. During -the-year ending 'September 1, ' 1937, Universal 'spent approximately $8,000,000 in producing pictures. In this period Universal made 26 Universal, 2 Trem Carr, 7 Buck Jones, and 2 Paragon feature-length films and 16 films of short subjects. Universal ships all prints of feature-length pictures made at its studio out of California. In its last fiscal year, it shipped 37 negatives and 248 prints of its feature-length. films, and 16 nega- tives and 16 prints of its short subjects out of California. When a picture. is completed the negative is shipped to Fort Lee, New Jersey, where prints are made for distribution. Universal conducts the distribution of its pictures ,through various sub- sidiary companies as follows : In the United States, through Universal Film Exchanges, Inc., which has its principal offices in New York City; in Canada, through Canadian Universal Film Company, Ltd. ; in other"foreign countries, through various other corporations. J. Twentieth Century-Fox Film Corporation, herein referred to as Fox Film, is a New York corporation. During the calendar year 1936, Fox Film purchased film from J.' E. Brulatour, Inc., at a cost of $697,723.68. Officers of this company, of Smith & Aller, Ltd., and of C. King Charney, testified that these companies sold film in the following amounts to Fox Film : Distributing company Type and amount of film measured in feet Period of time during which the' purchases'were'made 096 (35 000 positive ---------- -- (August 1 1936 to August 1 J. E. Brulatour, Inc-------------- , , - 8,370.000 negative -------------- , , , 1937. Smith & Aller, Ltd--------------- 1,000 negative ----------------- September 1, 1936, to August 30, 1937. C. King Charney ----------------- 30,600 infra-red---------------- September 1, 1936, to Septem- ber 1, 1937. MOTION PICTURE PRODUCERS AND DISTRIBUTORS OF AMERICA, INC. 237 Fox Film has purchased substantial quantities of the following articles : Hardware from the Union Hardware & Metal Com- pany and from the California Hardware Company; theatrical and drapery fabrics from Dazians, Inc. ; glass from W. P. Fuller & Co.; and photographic supplies from Eastman Kodak Stores, Inc. In 1936, Fox Film sent five crews on location outside of California for the -purpose of taking sequences of background scenes. During the calendar year 1936, Fox Film spent $21,868,103.20 in producing motion pictures of which $1,480,989.10 was spent for raw materials used in such production. During this period, it produced 53 feature-length films and made 318 prints of fea- ture-length films and short subjects' at its studio. Fox Film has its own distribution department, the principal offices of which are located in New York City. During 1936, Fox Film shipped 416 prints and negatives out of California., . K. Warner Bros. Pictures, Inc., herein referred to as Warner, is a Delaware corporation, incorporated in 1923. It employs approximately 3,500 employees. During its last fiscal year, Warner purchased all of its film from J. E. Brulatour, Inc., Smith & Aller, Ltd., and C. King Charney. The total cost of such purchases amounted to $751,990.70. Officers of the three distributing companies testified that these companies sold film in the following amounts to Warner : Distributing company Type and amount of film measured in feet Period of time during which the purchases were made (35,260,000 positive _______ to August 1 August 1 1936 J. E. Brulatour, Inc______________ {18,660,000 negati_ 1,914,000 Canadian ____________ , , , 1937. Smith & Aller, Ltd_______________ 1,800 positive__________________ September 1936 to August 30, 1937. C. King Cbarney_________________ 34,400 infra-red________________ September 1, 1936, to Septem- ber 1, 1937. - Warner has purchased the following articles in substantial quan- tities : Hardware from Union Hardware & Metal Company and from the California Hardware Company; theatrical and drapery fabrics from Dazians, Inc. ; glass from W. P. Fuller & Co.; and photographic supplies from Eastman Kodak Stores, Inc. In its fiscal year ending August 28, 1937, Warner spent $20,664,- 060.50 for production, $994,101.47 for construction, and $1,195,- 032.36 for other expenses. During this period, 64 feature-length films and 17 films of short subjects were produced. Four crews were sent out of California in connection with the preparation of five feature-length motion pictures. One crew went to Canal Zone and Cuba, another to Arizona and Nevada, a third to New 238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD York, and the last to Arkansas. According to information fur- nished by Warner in answer to a questionnaire submitted to it, 461 prints and 64 negatives of feature-length pictures and 17 prints and 17 negatives of short subjects were shipped out of 'California during its last fiscal year. At the hearing, it was stipulated by counsel that when the negative of a Warner picture has been completed, it is shipped to Vitograph, Inc., a wholly owned subsidiary of Warner, the offices of which are located in New York City. Prints are made by the Ace Film Laboratory in Brooklyn, New York, at the order of Vitograph, Inc., which. -distributes the prints thus made. Warner's subsidiaries distrib- ute its pictures through exchanges located in 37 cities in the United States and Canada and through offices located in 33 for- eign countries.15. 0. Hal Roach Studios, Inc., herein referred to as Hal Roach Studios, Js a California corporation. Hal Roach Studios has approximately 300 employees on its pay roll. During its last fiscal year, it purchased film from J. E. Brulatour, Inc., at a cost ,of $64,321. An officer of J. E. Brulatour, Inc., testified that from August 1, 1936, to August 1, 1937, Hal Roach Studios purchased 2,670,000 feet of positive film and 1,000,000 feet of negative from this company. Other articles which have been purchased in sub- stantial amounts by Hal Roach Studios include hardware from Union Hardware & Metal Company and from California Hard- ware Company ; theatrical and drapery fabrics from Daz- ians, Inc. ; and photographic supplies from Eastman Kodak Stores, Inc. During its last fiscal year, Hal Roach Studios produced 5 feature-length films and 12 films of short subjects. Its total pro- duction cost was $3,126,784.98. Between August 1, 1936, and August 1, 1937, 3,690 prints of its feature-length films were made. Of these, 129 were distributed through an exchange in Los An- geles, California, 226 in foreign countries, and the remaining 3,235 films in States of the United States other than California. In the same period, approximately 2,000 prints and 12 negatives of short subjects were shipped out of California. Pictures pro- duced by Hal Roach Studios are distributed by Loew's Incor- porated which receives a percentage of the gross receipts obtained from such distribution."' IT. THE ORGANIZATIONS INVOLVED International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada is a "Bee footnote 11, supra, at 677-682. 21 Id. at 684. MOTION PICTURE PRODUCERS AND DISTRIBUTORS OF AMERICA, INC. 239 labor organization affiliated with the American Federation of Labor, herein called the A. F. L., admitting to membership. employees in the theatrical, motion-picture, amusement, and allied industries. It is the parent organization of several other labor organizations involved in these proceedings. International Sound Technicians of the Motion Picture Industry, Local 695 of the I. A. T. S. E., is a labor organization affiliated with the A. F. L., admitting to membership all persons doing work of any nature in or incidental to the recording of sound. International Photographers of the Motion Picture Industry, Local 659 ' of the I. A. T. S. E., is a labor organization affiliated with the A. F. L., admitting to membership all persons doing work of any nature in or incidental to photography. Studio Technicians of the Motion Picture Industry, Local No. 37 of the I. A. T. S. E., is a labor organization affiliated with the A. F. L., admitting to membership drapers and upholsterers, grips, nursery- men, gaffers and lamp operators, projectionists, propertymen, prop- erty and miniature workers, special-effects men, gang propertymen, and Class B laborers, engaged in the making or taking of motion pictures. Studio Utility Employees, Local 724, is a labor organization affil- iated with the A. F. L., admitting to membership all laborers and utility men engaged in constructing, wrecking, and maintaining sets, or in doing any miscellaneous or utility labor in connection with the production of motion pictures. United Studio Technicians Guild is an independent labor organi- zation admitting to membership lamp operators and gaffers, grips, propertymen and swing gangmen, prop makers and special. effects men, Class B laborers, utility employees, nurserymen, projectionists, upholsterers and drapers, laboratory workers, sound technicians, cameramen, wardrobe employees, make-up artists, and hairdressers employed in the motion-picture industry. Make-up Artists, Local 706 of the I. A. T. S. E., is a labor organiza- tion affiliated with the A. F. L., admitting to membership all make-up artists and hairdressers, including supervisory employees. Film Technicians of the Motion Picture Industry, Local 683 of the I. A. T. S. E., is a labor organization affiliated with the A. F. L., ad- mitting to membership laboratory employees, still-department em- ployees, negative cutters, and all employees engaged in the develop- ment, printing, cutting, shipping, and care of film. Motion Picture Costumers, Local No. 705 of the I. A. T. S. E., is a labor organization affiliated with the A. F. L., admitting to member- ship all persons employed in the wardrobe departments of the motion- picture industry, including supervisory employees. 240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION -CONCERNING REPRESENTATION Although the U. S. T. G., the affiliates of the I. A. T. S. E. and the S. U. E. had filed petitions in which each alleged that it had attained a majority status among employees of the Companies in an appropriate unit, the Companies, on August 10, 1939, entered into a closed-shop contract with the I. A. T. S. E. 'During the course of the hearing the parties stipulated that a question concerning the rep- resentation of employees of the Companies had arisen. We find that a question has arisen concerning the representation of employees of the Companies. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Companies described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The stipulation entered into by the parties during the course of the hearing provided that all employees of the Companies who are within, the categories listed in Appendix A, annexed hereto, should vote as a single unit. We find that all employees of the Companies who are within the categories listed in Appendix A, annexed hereto, constitute a unit ap- propriate for the purposes of collective bargaining and that said unit will insure to employees of the Companies the full benefit of their right to self-organization and to collective bargaining and will other- wise effectuate the policies of the Act.17, VI. THE DETERMINATION OF REPRESENTATIVES As indicated above, the parties stipulated that an election should be held among designated employees of the Companies to determine the 17 The stipulation entered into by the Companies and the unions provides that in agreeing that "First Cameramen" shall not vote, the I. A. T. S. E. and the A. S. C. do not resolve their conflicting claims as to what constitutes an appropriate unit for cameramen. The A. S. C. admits to membership first cameramen, exclusively, and claims that first camera- men constitute an appropriate unit. The I. A. T. S. E. claims that first cameramen and other cameramen should be included in the same unit. In holding the categories of em- ployees in Appendix A, annexed hereto, to constitute an appropriate unit for the purposes of collective bargaining, we do not rule on the conflicting claims of the A. S. C. and the I. A. T. S. E. as regards first cameramen, and in any case arising in the future out of such conflicting claims, we shall not consider the issues in that regard as settled by this Decision. MOTION PICTURE PRODUCERS AND DISTRIBUTORS OF AMERICA, INC. 241 representatives of such employees for the purposes of collective bar- gaining. The results of the election are set forth above. It is appar- ent from the results there set forth that the I. A. T. S. E. and the S. U. E. have been selected by a majority of the employees in the unit found to be appropriate for the purposes of collective bargaining. They are, therefore, the exclusive representatives of all the employees in such unit for the purposes of collective bargaining, and we will so certify. Upon the basis of the foregoing findings of fact and upon the entire record in these cases, the Board makes the following : CONCLUSIONS OF LAW 1. Questions affecting commerce have arisen concerning the repre- sentation of employees of the Companies, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Rela- tions Act. 2. All employees of the Companies who are within the categories of employment set forth in Appendix A, annexed hereto, constitute together a single unit appropriate for the purposes of collective bar- gaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. International Alliance of Theatrical Stage Employees and Mov- ing Picture Machine Operators of the United States and Canada and Studio Utility Employees, Local 724, are the exclusive representatives of the persons employed by Columbia Pictures Corporation, Loew's Incorporated, Paramount Pictures, Inc., RKO Radio Pictures, Inc., Walter Wanger Productions, Incorporated, Twentieth Century-Fox Film Corporation, Universal Pictures Company, Inc., `Varner Bros. Pictures, Inc., Samuel Goldwyn Productions, and Hal Roach Studios, Inc., in such unit, for the purposes of collective bargaining, within the meaning of Section 9 (a) of the- National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES 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, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, IT IS HEREBY CERTIFIED that International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada and Studio Utility Employees, Local 724, have been designated and selected by a majority of the persons within the categories of employment set forth in Appendix A, annexed hereto, employed by Columbia Pictures Corporation, Loew's Incor. porated, Paramount Pictures, Inc., RKO Radio Pictures, Inc., Walter 242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Wanger Productions, Incorporated, Twentieth Century-Fox Film Corporation, Universal Pictures Company, Inc., Warner Bros. Pic- tures, Inc., Samuel Goldwyn Productions, and Hal.Roach Studios, Inc., as their representatives for the purposes of collective bargaining, and that pursuant to Section 9 (a) of the Act, International Alliance of Theatrical Stage Employees and Moving Picture Machine Opera- tors of the United States and Canada and Studio Utility Employees, Local 724, are the exclusive representatives of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. APPENDIX A EXHIBIT B These persons are as follows : 1. 1st Soundmen, and Soundmen, 3rd Soundmen, 4th Soundmen, Sound Film Loaders, Sound Public Address Operators, 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 employes doing make-up and hairdressing of any nature, kind or description MOTION PICTURE PRODUCERS AND DISTRIBUTORS OF AMERICA, INC. - 243 6. Assistant Managers, Foremen and Fore-women , Key or Com -pany 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 con -structive 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 ; the construction, maintenance and repair of all cement, dirt and macadam streets; all sand blasting;: handling of heavy bungalows on wheels, or dressing rooms ; handling and laying of tracks for camera dollies, under supervision of crane- men or company grips; moving and pushing of cranes for all moving shots under direction of first and second company grips; aiding spe- cial 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, founda- tions, floors or any other construction ; 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. 15 N. L. R. B., No. 28a.