Warner Bros. Pictures, Inc.

In the Matter of WARNER BROS. PICTURES, INC., R. K. O. RADIO PIC- TURES, INC., TWENTIETH CENTURY-FOX FILM CORPORATION, COLUM- BIA PICTURES CORPORATION, LoEw's INCORPORATED, UNIVERSAL PICTURES COMPANY, INC., SAMUEL GOLDWYN STUDIOS, PARAMOUNT PICTURES, INC., HAL ROACH STUDIOS, INC., and- MOVING PICTURES PAINTERS, LOCAL No. 644, AFFILIATED WITH THE BROTHERHOOD OF PAINTERS, DECORATORS AND PAPER HANGERS OF AMERICA, A. F. L. In the Matter of THE ASSOCIATION OF MOTION PICTURE PRODUCERS, INC., WARNER BROS. PICTURES, INC., 'R. K. O. RADIO PICTURES, INC., TWEE TIETH CENTURY-FOx FILM CORPORATION, COLUMBIA PICTURES CORPORATION, LOEW'S INCORPORATED, UNIVERSAL PICTURES COM- PANY, INC., SAMUEL GOLDWYN STUDIOS, PARAMOUNT PICTURES, INC.) HAL ROACH STUDIOS, INC., and MOVING PICTURE PAINTERS, LOCAL No. 644, AFFILIATED WITH THE BROTHERHOOD OF PAINTERS, DECO- RATORS AND PAPER HANGERS OF AMERICA, A. F. L. Cases Nos. R-1973 to R-1982, incllusive =Decided August 31, 1940 Jurisdiction : motion picture industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord recognition to union; request certification be obtained; prior consent election supervised by Board agent, no bar to ; persons who have worked a specified length of time during any 12 consecutive months from April 1, 1039, to (late of Direction, eligible to vote; election necessary. Unit Appropriate for Collective Bargaining : single unit of all scenic artists employed by nine motion picture producers, agreement as to. Practice and Procedure : petition dismissed as to party where no showing made that said party employed persons of the type described in the petition. Mr. William R. Walsh, for the Board. Freston cC Files, by Mr. Herbert Freston and Mr. Arthur Freston, of Los Angeles, Calif., for Warner Bros. Pictures, Inc. Alfred Wright and Gordon Hall. Jr., by Mr. Gordon Hall, Jr., of Los Angeles, Calif., for Twentieth Century-Fox Film Corporation. Jacob , H. Karp, of Los Angeles, Calif., for Paramount Pictures, Inc. Loeb cC Loeb, by Mr. Norman Newmark, of Los Angeles, Calif., for Universal Pictures Company, Inc., Loew's -Incorporated, and Samuel Goldwyn Studios. Mitchell, Silberberg, Roth, cC Krupp, by Mr. William Hinckle, -of Los Angeles, Calif., for R. K. O. Radio Pictures; Inc., Columbia Pictures Corporation, and Hal Roach Studios, Inc. 27 N. L R. B., No 8 48 WARNER BROS. PICTURES, INC: 49 Mr. James ='S. Howie, of Hollywood, Calif., for,the Picture Pro- ducers. - - Mr. George E. Bodle and Mr. Herbert K. Sorrell, of Los Angeles, Calif., for the Picture Painters. - '- - - ` Mr. Don Martin, Mr. Frederick Robinson, Mr. Gabe Pollock, and Mr. Lewis W.•Physioc, of Los Angeles, Calif.,'for the-Association. Mr. Louis•S.,Penfaeld,'of counsel to the Board. DECISION,, AND DIRECTION OF ELECTION STATEMENT OF THE CASE' • On December 28, 1939, Moving Picture -Painters, Local No. 644, affiliated with 'the Brotherhood of Painters, Decorators and Paper Hangers: of America; A. F. L.,1-herein., called the Picture Painters, filed with, the Regional Director for the Twenty-first Region '(Los' Angeles, California) separate petitions, and-on May 3, 1940; separate amended petitions, alleging that questions affecting commerce had arisen concerning the representation of employees 'of Warner Bros. Pictures, Inc:,, R. K. O. Radio Pictures, Inc., Twentieth Century-Fox Film Corporation-, Columbia Pictures Corporation ,2 Loew's Incorpo- rated, Universal Pictures Company, Inc.; Samuel Goldwyn Studios 4 Paramount Pictures, Inc., and Hal Roach Studios, Inc., herein col- lectively referred to as the Companies, re,spectively-^ and requesting investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat: 449, herein called the Act. On `May 23, 1940; the Picture Painters filed with the-Regional Director a petition alleging that a question affecting commerce Arad arisen concerning the representation of employees of the Association of Motion Picture Producer's, Inc., herein called the Picture Producers, and of the Companies, and requesting a similar investigation and certification. 'Oli July 11, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Sec- tion 9 (c) of the Act and Article III, Sections 3 and 10 (c) (2), of -National Labor Relations Board Rules and Regulations-Series 2, as amended, bordered an investigation upon the afore-mentioned i Incorrectly designated in some of the formal papers as "Moving Picture Painters Local 644, A F L." • 2 Also referred to in the record as -"Columbia Pictures Corporation , Inc." and incor- rectly designated in the formal papers as "Columbia Pictures Corp." B Incorrectly designated in some of the formal papers as "Universal Pictures Co , Inc '• All.parties stipulated that the pleadings and record be corrected in so far as they incorrectly designate the name of this Company as "Samuel Goldwyn Inc, Ltd 323428-42-vol. 27-5 50 DECISIONS OF NATIONAL LABOR RELATIONS BOARD petitions, authorized the Regional'Director;to conduct-;it and to pro- vide for an appropriate hearing upon due notice, and further ordered that the above-entitled cases 'be consolidated. " On July 15, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Companiesi, the, Picture- Producers,- the Picture Painters, and Scenic Arts Association.- of America, Inc., herein called the Association,' a labor ^ organization claiming to represent employees-directly affected by the investiga- tion. Pursuant to notice, a, hearing.-in the consolidated cases :was held on July 22 and 31, 1940, in Los Angeles, C,alifornia,.before A. Bruce Hunt, the Trial Examiner, duly designated,by the Board. The Board, the Companies, 'the Picture Producers, the Picture Painters, and the Association were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. On July 22, 1940, 'the Picture -Producers filed a motion to dismiss'the proceedings as to-it, in which it alleged, in substance,' that. it is. a. membership corporation whose. members include, among others, the Companies herein; that it does not now, and never has bargained collectively or otherwise with employees,of its members;, and that it is not now and never has been engaged 'in the production 'of motion picture's and does ,not employ -Any: p^erson_s_ of the type, described in the petition. The motion was renewed at the hearing and joined in by the Picture Painters. The Trial Exam- iner reserved ruling thereon. No showing was made that the Picture Producers engages in the production of motion pictures or that it employs persons of the type described in the petition. The petition, in so far as it relates to the Picture Producers,' is hereby dismissed. At the conclusion of the hearing the Association moved to dismiss all the petitions and amended petitions. The Trial Examiner reserved ruling on this motion. The motion is hereby denied. Upon the entire record in the cases, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESSES OF THE COMPANIES Warner Bros. Pictures, Inc., R. K. O. Radio Pictures, Inc., Twen- tieth Century-Fox Film Corporation, Columbia Pictures Corpora= tion, Loew's Incorporated, Universal Pictures Company, Inc., Samuel Goldwyn Studios, Paramount Pictures, Inc'.,, aiid' Hal-Roach Studios, Inc., the Companies herein, among others, participated in a previous hearing conducted by one of the Board's"Trial Exam- iners in 1937, following which the Board issued its Decision and , - -WARNER BROS. PICTURES, INC. 51 Direction of Election.6 That Decision contained under the heading "Findings of Fact . . . II. The business of the Companies," detailed statements of the business' operations of the Companies herein's among others. At the hearing herein the parties stipulated 7 that "if witnesses were called to testify concerning the business of the companies they would testify that the operations of the com- panies are substantially the same as they were in 1937" and "that the facts appearing in the Board's decision relating to these com- panies would be the facts testified to by such witnesses." The find- ings •of fact contained in the Decision in the previous case relative to the character and extent of the businesses of the Companies herein are hereby incorporated in and made a part of this Decision and Direction of Election. II. THE ORGANIZATIONS INVOLVED Moving Picture Painters, Local No. 644, affiliated with the Brotherhood of Painters, Decorators and Paper Hangers of Amer- ica, A. F. L., is a labor organization admitting to its membership employees of the Companies. Scenic Arts Association of-America, Inc., is a labor organization admitting to its membership employees of the Companies. III. THE QUESTION CONCERNING REPRESENTATION At the hearing all parties stipulated and we find that a consent election participated in by the Picture Painters and the Association was held in October 1938 among employees of the Companies; that following said election the Regional Director issued it certificate cer- tifying that a majority of the ballots cast therein had been cast in favor of the Association ; and that in February 1940 the Picture Painters presented the Compa1 ies 'with demands for exclusive recog- a Matter of Metro-Goldwyn-Mdyer Studios, and Motion Picture Producers Assn., et aL. and Screen Writers Guild, Inc , 7 N L. R B. 662 e The statements concerning the businesses of the Companies herein appear in 7 N. L. R. B at the following pages : Warner Bros Pictures Inc, page 681 ; R. K. O. Radio Pictures , Inc, page 679 ; Twentieth Century-Fox Film Corporation , page 680; Columbia Pictures Corporation, page 677; Loew's Incorporated , page 672; Universal Pictures Com- pany, Inc, page 680; Samuel Goldwyn Studios, page 675; Paramount Pictures , Inc., page 677 ; Hal Roach Studios, Inc , page 684 The parties herein agree that Samuel Goldwyn Studios is referred to in the previous Decision as "Samuel Goldwyn, Inc., Ltd." We find- that the findings in the previous Decision as to the nature of the business of "Samuel Goldwyn, Inc, Ltd " are applicable in the present proceeding to Samuel Goldwyn Studios. The parties did not specifically agree that Columbia Pictures Corporation is referred to in the previous Decision as "Columbia Pictures Corporation of California , Ltd." However, it is clear from the record herein, and we find, that the findings made in the previous_ Decision as to the nature of 1the business of "Columbia Pictures Corporation of California, Ltd " are applicable to Columbia Pictures Corporation in the present proceeding. The Picture Producers did not join in this or any of the subsequent stipulations herein- after referred to. 52 DECISIONS OF NATIONAL LABOR RELATIONS BOARD nition as -the, collective bargaining representative of the scenic artists 'employed by the Companies. Thereafter the Companies refused to negotiate with either union in the absence of certification by the Board. The Association seeks to dismiss the petitions herein on the ground that the consent election of October 1938 is binding on the Picture ,Painters and that no necessity for a new and further election has been shown. There was introduced in, evidence at the hearing an analysis-made, by the Regional Director showing that of the em- ployees found below to comprise the appropriate unit substantial numbers are members of the Picture Painters and the Association, respectively. We find that the consent election of October ' 1938 does not constitute a bar to our proceeding with an election and certification of representatives herein." We find that a question, has arisen concerning 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 com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT All parties stipulated that "the Board may consider that the scenic artists 9 employed by all the companies are . . . a single unit."' At the hearing scenic artists were described as persons -whose work "consists of making miniature models, sketches, carpenter drawings, painting for theatrical productions, motion ^ictilre settinbs, backgrounds' and their various effects, mural paintings; tapestries, portraits, pictorial hang- ings, free-hand ornamental work, free hand work on flat surfaces, on and offsets, cycloramas, panoramas, diaramas, and such other work as comes under the category of scenographic." We see no reason for altering the agreed unit.' We find that all persons employed as scenic artists or assistant scenic artists by the Companies constitute a single unit appropriate.for the purposes of collective bargaining, and that - s Matter of Westinghouse Electric Manufacturing Company and United Electrical, Radio & Machine Workers of America, Local 724, affiliated with the Congress of Industrial 'Or- gamzations, 14 N. L.' R B 268 ; Matter of Sunri, Shipbuilding and Dry Dock Company and Pattern Makers League of North America, 14 N L R. B. 292. e All parties stipulated that the term scenic artists includes assistant scenic artists. WARNER BROS.-PICTURES," INC. _-53 said unit will insure to employees of the Companies the full benefit of their right to self-organization and to. collective bargaining and other- wise effectuate the policies of the Act. - VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot: The Picture Painters and the Association stipulated that if the Board directs an election, "the voter must be carried on the pay roll of one or more of the Companies involved in this proceeding for a period of one week or more between April 1, 1939, and March 31, 1940, as scenic artists or assistant scenic artists" to be eligible to vote therein, and "that the week . . . shall be defined as six work days of six hours or more each." The Companies took no position regarding eligibility to vote. We construe the unions' stipulation to mean that persons within the appropriate unit whose names appeared on the pay rolls of one or more of the Companies between April 1, 1939, and March 31, 1940, for periods which together total at least 6 work days of at least 6- hours each shall be eligible to vote. The standard of eligibility thus agreed upon would not permit scenic artists presently employed by the Companies but who were not employed for 6 days prior to March 31, 1940, to participate in the choice of bargaining representatives. We see no reason for not permitting such employees to vote. We shall accord- ingly direct that persons within the appropriate unit whose names appeared on the pay rolls of one or more of the Companies for periods which together total at least 6 work days of at least 6 hours each during airy 12 consecutive months between April 1, 1939, and the date of our Direction of Election shall be eligible to vote. Upon the basis of the above findings of fact and upon the entire record in thecase,_the Board makes the following,: CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of the Companies, within the meaning of Sec- tion 9 (c) and Section 2 (6) and (7) of the Act. 2. All persons employed as scenic artists and assistant scenic artists by the Companies constitute a single unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION - I By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, 54 DECISIONS.'_OF NATIONAL LABOR RELATIONS BOARD and pursuant to Article III, Section 8, of National Labor Relations -Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with the Companies herein, an election by. secret ballot shall be con- ducted as early as possible, but not-later than thirty (30) days from the date of this Direction, 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 all persons em- ployed as scenic artists and assistant scenic artists by Warner- Bros., • Inc., R. K. O. Radio Pictures, Inc., Twentieth Century-Fox Film Cor= poration, Columbia Pictures Corporation, Loew's Incorporated, Uni- versal Pictures Company, Inc., Samuel Goldwyn Studios, Paramount Pictures, Inc., and Hal Roach Studios, Inc., whose names appeared oil the pay rolls of one or more of the Companies for periods which to-' gether total at least 6 work days of at least 6 hours each during any 12 consecutive months between April 1, 1939, and the date of this Direc- tion of Election, to determine whether they desire to be represented by Motion Picture Painters, Local No. 644, affiliated with the Brother- hood of Painters, Decorators and Paper Hangers of America, A. F. L., ,or by Scenic Arts Association of America, Inc., for the purposes of col- lective bargaining, or by neither. [sAiIE TITLE CERTIFICATION'OF REPRESENTATIVES - October 11, 1940 On August 31, 1940, the National Labor Relations Board issued its Decision and Direction of Election in the above-entitled pro- ceeding. Pursuant to the Direction of Election, an election by secret ballot was conducted on September 26 and 27, 1940, under the direc- tion and supervision of the Regional Director for the Twenty-first Region (Los Angeles, California). On September 28, 1940, the Regional Director, acting pursuant to Article III, Section 9, of Na- tional Labor Relations Board Rules and Regulations-Series 2, as amended, issued his Election Report, copies of which- were duly served upon the parties: No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. WARNER BItOS. PICTURES, INC. 55 • As to the balloting and the results thereof, the Regional Director reported as follows : , Total on eligibility list -------------------------------------- 125 Total ballots cast------------------------------------------- 77 Total ' ballots challenged_____ __--_-_-___________3 Total blank ballots________________________________________ 0 Total void ballots -------- _'--------------------------------- 0 Total ballots not-counted------------------------------------ 3 Total ballots counted_______________________________________ 74- Total votes for Motion Picture Painters, Local No 644, Af- filiated with Brotherhood of Painters, Decorators and Paper Hangers of America, AFL--------------------------------- 58 Total votes for Scenic Arts Association of America, Inc------- 16 Total votes for neither_____________________________________ 0 - 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules itnd Regulations-Series 2, as amended, IT, IS HEREBY CERTIFIED that Motion Picture Painters, Local N. 644, affiliated with the Brotherhood of Painters, Decorators and Paper Hangers of 'America, A. F. L., has been designated and selected by a majority of the persons employed as scenic artists and assistant scenic artists by Warner Bros., Inc., R. P. 0. Radio Pictures, Inc., Twentieth Century-Fox Film Corporation, Columbia Pictures Cor- poration, Loew's Incorporated, Universal Pictures Company, Inc., Samuel Goldwyn Studios, Paramount Pictures, Inc., and Hal Roach Studios, Inc., as their representative for the purposes of collective bargaining, and that, pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, Motion Picture Painters, Local No. 644, affiliated with the Brotherhood of Painters, Decorators and Paper Hangers of America, A. F. L., is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates-of pay, wages, hours of employment, and other condi- tions of employment. 27 N. L. R. B., No. 8a.