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., ASSN. 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. P-1449 to R=-145., inclusive, respectively SUPPLEMENTAL DECISION AND ORDER January 13, 1940 On October 23, 1939, the National Labor Relations Board issued a Direction of Elections,' and on November 22, 1939, an Amendment to Direction of Elections,2 in the above-entitled cases. On January 10, 1940, Screen Cartoonists Local Union #852, herein called Local Union #852, a local of International Brotherhood of Painters, Paper- hangers and Decorators of America, a labor organization affiliated with the American Federation of Labor, lodged with the Board its Motion to Reopen Hearing, together with an affidavit of one Wil- liam Littlejohn and proof of service of copies of said motion paper and affidavit upon the Companies, herein, through their respective at- torneys of record, and upon International Photographers' Union, Local #651, I. A. T. S. E. Said documents are hereby ordered filed instanter as part of the record herein. By its said motion Local Union #852 requests that the record herein be reopened for the purpose of receiving additional evidence to establish that Screen Cartoon Guild, the petitioner in these pro- ceedings, "is now and has been since December 6, 1939, defunct and non-existent," and that Local Union #852 is the "successor union" to Screen Cartoon Guild, composed of employees of the Companies 316 N. L. R. B. 215. =17N.L. R.B.987. 19 N. L. R. B., No. 48. 423 424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD who at the time of the hearing herein were members of Screen Cartoon Guild. Local Union #852 further requests that camera- men be excluded from the units found to be appropriate, and in which elections were directed to be held, in the Decision and Direc- tion of Elections, as amended, and in support thereof that evidence be received upon such further hearing showing that Local Union #852 does not have jurisdiction over cameramen but has relinquished any claim of such jurisdiction to a local of another affiliate of the American Federation of Labor. The affidavit of Littlejohn states, among other things, that he is the president of Local Union #852 and was the president of Screen Cartoon Guild until its "dissolution" on December 6, 1939; that on or about October 4, 1939, the member- ship of Screen Cartoon Guild instructed the officers and executive board of said organization to request issuance of a charter to said officers and members of the executive board by said International Brotherhood of Painters, Paperhangers and Decorators of America, establishing a local of said International with jurisdiction over all cartoon workers employed in the motion-picture industry; that such a charter was issued and "installed" on December 6, 1939, at a special meeting of Screen Cartoon Guild; that at said meeting all members of Screen Cartoon Guild who were present made applica- tion for membership in Local Union #852 and were immediately initiated into membership in that organization; that "by said charter there was created" Local Union #852; that officers of Screen Cartoon Guild were elected officers of Local Union #852; that since Decem- ber 6, 1939, Screen Cartoon Guild "has been defunct and non-exist- ent"; that Local Union #852 "is the successor in interest" to Screen Cartoon Guild, and does not and will not represent cameramen for collective bargaining purposes. The foregoing motion of Local Union #852, which is here pre- sented in its behalf by the attorney of record for Screen Cartoon Guild, considered in connection with the above affidavit, may be, and is, taken by the Board as a suggestion for the record by counsel that the substantial membership of Screen Cartoon Guild are now mem- bers of a labor organization which no longer is unaffiliated but is a local of an international labor organization affiliated with the Ameri- can Federation of Labor. There is no statement among the matters set forth in the motion, nor any allegation in the affidavit, that since this assumption of national affiliation the question concerning rep- resentation which in our Decision was found to have arisen, exists, or that a question concerning representation since has arisen. In any event, whether Local Union #852 is the same entity as Screen Cartoon Guild, save for a change in name and assumption of na- tional affiliation, or whether it is a different entity, a matter we do WALTER LANTZ PRODUCTIONS, 425 not determine, it is clear that if the motion be granted the Direction of Elections, as amended, would have to be set aside and evidence taken and a redetermination made of the units appropriate for pur- poses of collective bargaining. Under all the circumstances, we are of the opinion that the better procedure to be followed is to deny the motion of Local Union #852 and to dismiss the petitions and amended petitions, and proceedings herein, but without prejudice to Local Union #852 to file forthwith or at such time as it may de- sire new petitions under Section 9 (c) of the National Labor Relations Act alleging that questions have arisen as regards said Local Union #852 concerning the representation of employees of the Companies, or any of them, and requesting an investigation and certification of representatives by the Board. ORDER By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, it is hereby ORDERED that the petitions and amended petitions for investiga- tion and certification of representatives of employees of Walter Lantz and George H. Hall, co-partners doing business under the name of Walter Lantz Productions, Universal City, North Hollywood, California; of Loew's Incorporated, Culver City, California; of Ray- mond Katz Studio, Los Angeles, California; and of Leon Schlesinger Productions, Hollywood, California, and the proceedings herein, be, and they hereby are, dismissed; PROVIDED that nothing herein shall preclude Screen Cartoonists Local Union #852, of International Brotherhood of Painters, Paper- hangers and Decorators of America, affiliated with the American Federation of Labor, from filing a petition or petitions under Sec- tion 9 (c) of the National Labor Relations Act for an investigation and certification of representatives with respect. to any of said em- ployees.