017 NLRB 987
Walter Lantz Productions Universal Pictures Co., Inc.
In the Matter Of WALTER LANTZ PRODUCTIONS UNIVERSAL PICTURES
Co., INC. and SCREEN CARTOON GUILD
In the Matter of LOEW'S INC., ASS'N. OF MOTION PICTURE PRODUCERS,
INC., MOTION PICTURE PRODUCERS & DISTRIBUTORS OF AMERICA, INC.,
& PAT CASEY and SCREEN CARTOON GUILD
In the Matter of RAYMOND KATZ STUDIO and SCREEN CARTOON GUILD
In the Matter of LEON SCHLESINGER PRODUCTIONS CORP. and SCREEN
CARTOON GUILD, INDEP.
Cases Nos. R-1449 to R-1452, inclusive, respectively
AMENDMENT TO DIRECTION OF ELECTIONS
November 22, 1939
On October 23, 1939, the National Labor Relations Board issued
a Direction of Elections in the above-entitled consolidated cases,'
directing that elections be held as early as possible but not later than
thirty (30) days from the date of said Direction of Elections.
On
November 13, 1939, Screen Cartoon Guild, the petitioning union
herein, filed with the Board a Motion to Postpone Election requesting
that the holding of the aforesaid elections be postponed for a period
of ninety (90) days from and after the date on which the elections
were directed to be held, presumably from and after November 22,
1939.
In said motion and in an affidavit in support thereof subse-
quently filed herein on November 21, 1939, said union represents that
a local charter was issued to the officers and members of said union
by International Painters, Decorators, and Paperhangers of America,
a labor organization, but because of certain "formal changes" re-
quired therein the charter has not been "installed"; also, that Screen
Cartoon Guild is presently in "a dormant state."
On November 21, 1939, Walter Lantz Productions, a copartnership,
and party herein, filed with the Board a memorandum in opposition
to the above motion. In said memorandum, said party requests
either that the elections be held within the time heretofore directed
or, if the holding of such elections be no longer necessary, in view
of the representations made in the Motion to Postpone, that the
entire proceedings herein be dismissed. It is suggested that any
116 N. L. R. B. 215.
17 N. L. R. B., No. 91.
987
988
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
successor union to Screen Cartoon Guild, which may be formed by
its members within the requested period of postponement, could not
be substituted for Screen Cartoon Guild in the elections directed.
There is no showing that Screen Cartoon Guild has dissolved, and
it may be that that organization will not dissolve and will resume
active functioning.
We see no prejudice to the parties in granting
some postponement of the holding of the elections.
Whether or not
a successor union can be substituted in the elections for Screen Car-
toon Guild in the event of its dissolution may be decided if and
when that issue arises.
The objection to such a procedure, which one
of the employers here suggests, will be considered at such time.
Accordingly, the Board hereby grants said motion, in part.
The
Direction of Elections is hereby amended by striking therefrom the
words "a separate election by secret ballot shall be conducted as
early as possible but not later, than thirty (30) days from the date
of this Direction of Elections," and substituting therefor the follow-
ing : "a separate election by secret ballot shall be conducted on or
before January 16, 1940, upon prior notice thereof to all parties."