Columbia Pictures Corp.

In the Matter Of COLUMBIA PICTURES CORPORATION, SAMUEL GOLDWYN, INC., LTD., LOEW'S, INC., R. K. O. RADIO PICTURES, INC., REPUBLIC PRODUCTIONS, INC., HAL ROACH STUDIOS, INC., SELZNICK INTERNA- TIONAL PICTURES, INC., 20TH CENTURY Fox FILM CORPORATION, UNI- VERSAL PICTURES COMPANY, INC., WALTER WANGER PRODUCTIONS, INC. and SCREEN OFFICE EMPLOYEES GUILD (IND.) Cases Nos. R-2035 to R-044 inebasive.-Decided October 8, 1940 'Jurisdiction : motion picture industry. Investigation and Certification of Representatives : existence of questions: companies refuse to accord recognition to union; elections necessary Units Appropriate for Collective Bargaining : all office, clerical, secretarial, and accounting employees, office and tabulating machine operators, switchboard operators and messengers employed by each of the Companies, casting em- ployees whose work is of a clerical nature included in the units of those Com- panies who employ casting employees. Mr. David Sokol, for the Board. Wright c Millikan, by Mr. Charles E. Millikan, of Los Angeles, Calif., for Wanger and Selznick. Mitchell, Silberberg, Roth cC Knapp, by Mr. William Hinkle, of Los Angeles, Calif., for R. K. 0., Columbia, and Hal Roach. Loeb c Loeb, by Mr. Milton H. Schwartz, of Los Angeles, Calif., for Loew's, Universal, Republic, and Goldwyn. Alfred Wright and Gordon Hall, Jr., by Mr. Gordon 'Hall, Jr., of Los Angeles, Calif., for Fox. Mr. George E. Bodle, of Los Angeles, Calif., for the Guild. Mr. Jules Kahn, of Beverly Hills, Calif., for the Fox 'Guild. Mr. A. H. Petersen, of Los Angeles, Calif., for Local No. 20798. Miss Mary Metlay, of counsel to the Board. DECISION DIRECTION OF ELECTIONS AND ORDER STATEMENT OF THE CASE On April 16, 1940, Screen Office Employees Guild (Ind.), herein called the Guild, filed with the Regional Director for the Twenty- 27 N. L. R. B, No. 133. 708 WORLD STEEL PRODUCTS CORPORATION 709 first Region (Los Angeles, California), separate petitions, and on May 20, 1940, separate amended petitions, alleging that questions affecting commerce had arisen concerning the - representation of employees of Columbia Pictures Corporation, Samuel Goldwyn, Inc., Ltd., Loew's, Inc., R. K. O. Radio Pictures, Inc., Republic Productlolis, Inc., Hal Roach Studios, Inc., Selznick International Pictures, Inc., 20th Cen- tury Fox Film Corporation, Universal Pictures Company, Inc., and Walter Wanger Productions, Inc., respectively, herein collectively referred to as the Companies, and individually as Columbia, Goldwyn, Loew's, R. K. 0., Republic, Hal Roach, Selznick, Fox, Universal, and Wanger, respectively, 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. On August 7, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section,9 (c) of the Act and Article III, Sections 3 and 10 (c) (2), of National Labor Relations Board Rules and Regula- tions-Series 2, as amended, ordered an investigation authorizing the Regional Director to conduct it and to provide for an appropriate hearing upon due notice, and further ordered that the above-entitled cases be consolidated for all purposes. On August 10, 1940, and on August 15, 1940, the Regional Director issued a notice of hearing and amended notice of hearing, copies of which were duly served upon the Companies, the Guild, and upon Stenographers, Typists, Bookkeepers and Assistants Union, Local No. 20798, affiliated with the American Federation of Labor, herein called Local 20798, and 20th Century Fox Studio Office Employees Guild, an unaffiliated organization, herein called the Fox Guild, labor organiza- tions claiming to represent employees directly affected-by the inves- tigation., Pursuant to notice, a hearing in the consolidated cases was held on August 21, 22, 26, 27, 28, 29, and 30, 1940, before A. Bruce Hunt, and on September 3 and 4, 1940, before William B. Barton, Trial Examiners duly designated by the Board. The Board, the Com- panies, the Guild, and Local 20798 were represented by counsel, and the Fox Guild, by its president; all 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. At the hearing counsel for the Guild moved to dismiss the petitions as to Goldwyn, on the grounds that it was not, at the date of the hearing, engaged in the production of motion pictures nor was there any indi- ' Columbia Studio Office Employees Association and Metro -Goldwyn-Mayer Studio Office Employees Guild were named in the petitions affecting Columbia and Loew 's, respectively - as labor organizations claiming to represent employees of the respective companies affected by the investigation Both organizations stated that they did not represent a majority of the employees within the unit alleged to be appropriate in said petitions and did not wish to contest any action to be taken by the Board. 710 DECISIONS OF NATIONAL LABOR RELATIONS BOARD cation that it would resume its production, and as to- Selznick, on the ground that it was, at the date of the hearing, in the process of reor- ganization. No objections were made to the motion to dismiss. The petitions involving Goldwyn and Selznick will be dismissed.2 During the course of the hearing, the Trial Examiners made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiners and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the. entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANIES The Companies herein, among others, participated in a previous, hearing conducted by one of the Board's Trial Examiners in 1937r following which the Board issued its Decision and Direction of Elec- tion.3 That decision contained under the heading "Findings of Fact- II. The business of the Companies," detailed statements of the busi- ness operations of the Companies herein,4 among others. At the hearing herein the parties stipulated that "if witnesses were called by the Board to testify concerning the businesses of the various Com- panies, they would testify that the operations of the Companies dur- ing these proceedings were substantially the same as they were in 1937," and "that the facts appearing in the Board's Decision (of 1937) . . . relating to the businesses of these various Companies would be the facts testified to by such witnesses in this proceeding.5 The Findings 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 Elections. II. THE ORGANIZATIONS INV€ LLVED Screen Office Employees Guild (Ind.) is an unaffiliated labor organ- 2 Hereafter the term "Companies" shall not be taken to include Goldwyn and Selzmek. 3 Matter of Metro-Goldwyn-Maier Studios aiul Motion Picture Producers Assn et at. and Screen Writers Guild, Ina., 7 N L R. B 662 4 The parties agreed that Columbia, Loew' s, Hal Roach , Fox, and Universal were referred to respectively in that Decision as Columbia Pictures Corp Studios, Metro-Goldwyn-Mayer Studios, Hal E Roach Studios, Twentieth Century-Fox Film Corp., and Universal Pictures Corp The statements concerning the businesses of the Companies herein appear in 7 N L R B at the following pages : Columbia, page 677; Loew's, page 672; R K 0, page 679; Republic, page 676; Hal Roach, page 684; Fox , page 680; Universal , page 680;. and Wanger, page 675. - G R. K. 0., Columbia, and Hal Roach entered into this stipulation subject to their objec- tion to the jurisdiction of the Board , on the ground that they are not engaged in interstate commerce Fox , Loew 's, Universal , and Republic entered into the stipulation subject to all of the objections urged by them in the prior Decision COLUMBIA PICTURES CORPORATION 711 `ization admitting to its membership all office and clerical employees of the Companies. _ Stenographers, Typists, Bookkeepers and Assistants Union, Local No. 20798', affiliated with the American Federation of Labor, is a' labor -organization admitting to its membership all casting directors and assistant casting directors of the Companies. 20th Century Fox Studio Office Employees Guild is an unaffiliated 'labor organization admitting to its membership all office and clerical employees of Fox. III. THE QUESTIONS CONCERNING REPRESENTATION At the hearing the parties stipulated that on or about April 1, 1940, the Guild requested each of the Companies to recognize it•as the ex- clusive bargaining representative of their clerical and office employees and that each of the Companies withheld such recognition on the ground that they did not know who was entitled to represent such employees. At the hearing a report on the membership claims of the Guild and the Fox Guild was introduced in evidence. The report, which was made by the Regional Director, shows that the Guild and the' Fox Guild represent a substantial number of employees within the respective units claimed by them to be appropriate.e We find that questions have arisen concerning the representation of employees of the Companies. - 6 Local 20798 refused to permit the Regional Director to retain cards submitted by it in support of its claim to represent employees of the Companies for the purpose of checking them against narr es of persons appearing on the Companies ' pay rolls However, at the hearing , it submitted 14 cards to the Trial Ex- aminer in support of its claim to represent the casting directors and assistant casting directors of then Companies. In support of its claim to represent employees of each of the Companies in the units herein found appro- priate the Guild submitted membership application cards to the Regional Director, as follows Company No of cards submitted by the Guild I No of em- ployees in appropriate unit 2 Loew's -------------------------------------------------------------- 346 563 Columbia ------------------------------------------------------------- 135 176 R K 0------------------------------------------------------------- 163 235 Republic-------------------------------------------------------------- 48 60 Hal Roach -------------------------------------- 14 32 Fot_ ------------------------------- -_ 3 247 450 Universal--------------------------------------------------------- - '113 146 Wanger------------------------------------------------------------ 10 9 i The figures below indicate the number of Guild cards which were signed by employees whose names appeared on the pay rolls of the Companies checked by the Regional Director The dates of the pay rolls used varied for the different Companies, but they were all for a period during the months of May, June, and July, 1940 2 The figures below are based on pay rolls of the Companies dated between August 17and 28,1940. The differences in the pay -roll dates used in securing the figures in this and the preceding column of figures, accounts for the apparent discrepancies , in some instances , in such figures 3 The Fox Guild submitted to the Regional Director 306 membership application cards signed by employees of Fox in the unit herein found appropriate i 712 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON COMMERCE We find that the questions concerning representation which have arisen, occurring in connection with the operations of the Com- panies referred to in Section I above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNITS The Guild agreed with each Company as to the classes of em- ployees of that Company which constitute a unit appropriate for the purposes of collective bargaining as follows : R. K. 0.: All office, clerical, secretarial, and accounting employees, office and tabulating-machine operators, switchboard operators, and messengers, rendering services at the Los Angeles County studios of the R. K. 0. Radio Pictures, Inc., excluding, however, outside messengers attached to the transportation department, laboratory shipping clerks, script clerks, personal secretaries to officers of the corporation, personal secretaries to the following officials: the gen- eral production manager, the studio treasurer and the executive in charge of public relations, head of the legal department, comp- troller, and also excluding those persons who perform executive, "administrative, or supervisory functions for a substantial portion of their working time, or who have the right to hire or fire, or per- sons who have the right to recommend with respect thereto and whose recommendations with respect thereto are generally followed; HAL ROACH: All office, clerical, secretarial, and accounting em- ployees, office and tabulating-machine operators, switchboard oper- ators and messengers, rendering services at the Los Angeles County studios of Hal Roach Studios, Inc., excluding, however, outside mes- sengers attached to the transportation department, laboratory ship- ping clerks, script clerks, personal' secretaries to officers of the cor- poration, personal secretaries to the following officials : the general production manager, the studio treasurer, and the executive in charge cf public relations, and also excluding those persons who perform executive, administrative, or supervisory functions for a substantial portion of their working time or who have the right to hire or fire, or persons who have the right to recommend with respect thereto and whose recommendations with respect thereto are generally followed; COLUMBIA : All office, clerical, secretarial, and accounting employees, office and tabulating-machine operators, switchboard operators and messengers, rendering servicer at the Los Angeles County studios COLUMBIA PICTURES CORPORATION 713' of the Columbia Pictures Corporation, excluding, however, outside 'messengers attached to the transportation department," laboratory shipping clerks, script clerks, personal secretaries to officers of the corporation, personal secretaries to the following officials : the general production manager, the studio treasurer and the executive fn charge, of public relations, head of the legal department, and also excluding those persons who perform, executive, administrative, or supervisory functions for a substantial portion of their working time, or who' have the,right to hire or fire, or persons who have the right to recom- mend with respect thereto and whose recommendations with respect thereto are generally followed; Fox : All office, clerical, secretarial, and accounting employees,, office and tabulating-machine operators, switchboard operators, and messengers, rendering services at the Los Angeles County studies of 20th Century Fox Film Corporation, excluding, however, outside- messengers attached to the transportation department, laboratory shipping clerks, script clerks, personal secretaries to officers of the, corporation, personal secretaries to the following officials: general production manager, executive producer, studio treasurer, and execu- tive in charge of public relations, and also excluding those persons who perform executive, administrative, or supervisory functions for a substantial portion of their working time, or who have the right to hire or fire, or who have the right to recommend with respect to hiring or firing, and whose recommendations are generally followed ; 7 UNIVERSAL : All office, clerical, secretarial, and accounting em- ployees, office and tabulating-machine operators, switchboard opera- tors and messengers, rendering services at the Los Angeles County studios of Universal Pictures Company, Inc., excluding, however, outside messengers attached to the transportation department, script- clerks and laboratory shipping clerks, personal secretaries to officers, of the corporation, personal secretaries to the general manager of the studio and the manager of studio operation, those persons who per- form executive, administrative, or supervisory functions for a sub- stantial portion of their working time or who have the right to hire- or fire or who have the right to recommend with respect thereto -and whose recommendations are generally followed ; Loew's : All office, clerical, secretarial, and accounting employees, office and tabulating-machine operators, switchboard operators and messengers, rendering services at the Los Angeles County studios of Loew's, Inc., excluding, however, outside messengers attached to the transportation department, script clerks and laboratory shipping clerks, personal secretaries to officers of the corporation,, personal sec- 7 The Fox Guild also agreed to this unit. 7'14 DECISIONS OF NATIONAL LABOR RELATIONS BOARD retaries to the following officials : the executive head of the studio, the studio manager, the comptroller , the executive head in charge of the cartoon studio, the executive head in charge of the shorts studio, and executive producers who participate with other executives in the framing of general studio policies , those persons who perform executive, administrative, or supervisory functions for a substantial portion of their working time or who have the right to hire or fire or who have the right to recommend with respect thereto and whose recommendations are generally followed; REPUBLIC : All office, clerical, secretarial, and accounting employees, office and tabulating-machine operators, switchboard operators and messengers, rendering services at the Los Angeles County studies of Republic Productions , Inc., excluding, however, the following : outside messengers attached to the transportation department , script clerks and laboratory shipping clerks, personal secretaries to officers of the corporation , those persons who perform executive , adminis- trative, or supervisory functions for a substantial portion of their working time or who have the right to hire or fire or who have the right to recommend with respect thereto and whose recommendations are generally followed; WANGER : All office, clerical , secretarial, and accounting employees, office and tabulating-machine operators, switchboard operators and messengers, rendering services at the Los Angeles County studies of Walter Wanger Productions, Inc., excluding, however, outside messengers attached to the ' transportation department , laboratory shipping clerks, script clerks, personal secretaries to officers of the corporation, personal secretaries to any of the following officials : the general production manager, the studio treasurer and the executive in charge of public relations, and also excluding those persons who perform , executive, administrative, or supervisory duties for a sub- stantial portion of their working time or who have the right to hire or fire or to recommend with respect thereto and whose recommenda- tions are generally followed. ' Local 20798 contends that all casting directors and assistant casting directors without the right to hire or discharge constitute a separate unit appropriate for the purposes of collective bargaining . It main- tains that all employees who perform any casting work whatsoever are casting directors or assistant casting directors . The Guild, the Fox Guild, and the Companies do not contend that the casting direc- tors and assistant casting directors should be included within the appropriate unit. , However, the Guild, the Fox Guild, and the Com- panies agree that the unit stipulated by them to be appropriate include casting clerks, secretaries, assistant secretaries, and typists employed ,COLUMBIA PICTURES CORPORATION 715 in the casting department.s' Local 20798, by its definition of casting directors and. assistant casting directors, includes the casting clerks within the unit desired by it .9 Casting clerks perform the task of contacting players known as extras 10 who are needed for the production of motion pictures. The casting clerks exercise no discretion in their selection. The assist- ant casting director sends to the casting clerks the requisition for the extras containing descriptive data such as age, type, number, and costume required. The casting clerks contact the extras directly or teletype the requisition to Central Casting Corporation, an agency which procures and furnishes extras to motion picture studios, and distribute vouchers to the extras entitling them to admission to the' studios. They also maintain records of extra talent containing information concerning types, ages, and races. Casting clerks were included among the other clerical and office employees- covered by the only three collective bargaining contracts affecting clerical and office employees of the Companies that have been entered into, namely, between the Fox Guild and Fox entered into September 1937, between Columbia Studio Office Employees Associa- tion and Columbia, October 1937, and between Metro-Goldwyn-Mayer Studio Office Employees Guild and Loew's, September 1937. We see no reason for not including in the agreed unit casting clerks as well as other casting employees whose work is of a clerical nature. We shall not, however, include casting directors and assistant casting directors. We find that the units agreed upon by the Guild, the Fox Guild, and the Companies, as set forth above, including the casting clerks, and excluding casting directors and assistant casting directors, of each of the Companies, except Wanger, constitute units appropriate for the purposes of collective bargaining, and that said units will insure to the employees of each of the Companies the full benefit of their right to self-organization and to collective bargaining and otherwise effec- tuate the policies of the Act. We further find that the unit agreed upon by the Guild and Wanger, as set forth above, constitutes a unit appropriate for the purposes of collective bargaining, and that said 8 Loew's Republic , and Universal took no position on the inclusion of the casting em- ployees in the appropriate unit although they agreed that the stipulated units were broad enough to include these employees . Walter Wanger Productions , Inc, does not employ casting employees 9 The precise position of Local 20798 is not clear It introduced no evidence in support of its contention or definition It does not contend that secretaries , assistant secretaries, and typists employed in the casting department should be included in the unit desired by it On August 30, 1940, it filed a petition with the Regional Director requesting an investiga- tion and certification of the representatives of the casting directors and assistant casting directors employed by the Companies. 10 Extras do not have speaking parts 716 DECISIONS OF NATIONAL LABOR RELATIONS BOARD unit will insure to the employees of said Company 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 questions concerning representation which have arisen can best be resolved by elections by secret ballot. The Guild, the Fox Guild, in so far as it is here concerned-, and each of the Companies, with respect to its own employees, agree that the employees whose names appear on the lists attached to Petitioner Exhibits Nos. 1 to 8, inclusive, shall be eligible -to vote. The names of casting employees within the appropriate units employed by Loew's, Universal, and Republic were not included in the list of names sub- mitted by each of these Companies." The Companies in question stip- ulated with the Guild that the following casting employees whose names do not appear on said lists shall be included among those eligible to vote : Katherine Wood, Audrey Van Dusen, Vivien Parmalee, Jean- ette Walker, Ed Cook, Ernest Ohman, Cirwin Coughlin, Larry Star- buck, and Jack Bauer, casting employees of Loew's; Claire Reivman and Paul Cox, casting employees of Universal; and Betty Pagel, Nick Treosti, and Nate Edwards, casting employees of Republic. We shall direct that the persons whose names appear on Petitioner Exhibits Nos. 1 to 8, inclusive, and the casting employees named above shall be eligible to vote in the respective elections, as hereinafter directed. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. Questions affecting commerce have arisen concerning the repre- sentation of employees of each of the Companies, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All office, clerical, secretarial, and accounting employees, office and tabulating-machine operators, switchboard operators and messen- gers, rendering services at the Los Angeles County studios of R. K. O. Radio Pictures, Inc., including casting clerks, excluding, however, casting directors and assistant casting directors, outside messengers attached to the transportation department, laboratory shipping clerks, script clerks; personal secretaries to officers of the corporation, personal secretaries to the following officials : the general production manager, the studio treasurer and the executive in charge of public 11 The lists are attached to Petitioner Exhibits Nos. 5, 6, and 7. COLUMBIA PICTURES CORPORATION 717 relations, head of the legal'department, comptroller, and also excluding those persons who perform executive, administrative, or supervisory functions for a substantial portion of their working time, or who have the right to hire or fire, or persons who have the right to recommend with respect thereto and whose recommendations with respect, thereto are generally followed, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (c) of the National Labor Relations Act. 3. All office, clerical , secretarial , and accounting employees, office and tabulating-machine operators , switchboard operators and mes- sengers, rendering services at the Los Angeles County studios of Hal Roach Studios, Inc., including casting clerks, excluding, however, casting directors and assistant casting directors , outside messengers' attached to the transportation department , laboratory shipping clerks, script clerks, personal secretaries to officers of the corporation, personal secretaries to the following officials: the general production manager, the studio treasurer, and the executive in charge of public relations, and also excluding those persons who perform executive, .administrative, or supervisory functions for a substantial portion of their working time or who have the right to hire or fire, or persons who have the right to recommend with respect thereto and whose recom- mendations with respect thereto are generally followed, constitute a unit appropriate for the .purposes of collective bargaining within the meaning of Section 9 (c) of the National Labor Relations Act. 4. All office, clerical, secretarial, and accounting employees, office and tabulating-machine operators, switchboard operators and messen- gers, rendering services at the Los Angeles County studios of the Columbia Pictures Corporation, including casting clerks, excluding, however, casting directors and assistant casting directors, outside messengers attached to the transportation department, laboratory shipping clerks, script clerks , personal secretaries to officers of the corporation, personal secretaries to the following officials : the general production manager, the studio treasurer and the executive in charge of public relations, head of the legal department, and also excluding those persons who perform executive , administrative, or-.supervisory functions for a substantial portion of their working time, or who have the,right to hire or fire, or persons who have the right to recommend with respect thereto and whose recommendations with respect thereto are generally followed, constitute a unit appropriate for the purposes .of collective bargaining within the meaning of Section 9 (c) of the National Labor Relations Act. 5. All office, clerical, secretarial , and accounting employees, office and tabulating-machine operators, switchboard operators , and messengers, rendering services at the Los Angeles County studios of 20th Century 718 DECISIONS OF' NATIONAL LABOR; RELATIONS ' BOARD Fox Film Corporation, including casting clerks, excluding, how- ever, casting directors and assistant casting directors, outside messen- gers attached to the' transportation department, laboratory shipping clerks, script clerks, personal secretaries to officers of the corporation, personal secretaries to the following officials: general production man- ager, executive producer, studio treasurer, and executive in charge of public relations, and also excluding those persons who perform execu- tive, administrative, or supervisory functions for a substantial portion of their working time, or who have the right to hire or fire, or who have the right to recommend-with respect to hiring or firing, and whose recommendations are generally followed, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section .9 (c) of the National Labor Relations Act. 6. All office, clerical, secretarial, and accounting employees, office and tabulating-machine operators, switchboard operators and messen- gers, rendering services at the Los Angeles County studios of Univer- sal Pictures Company, Inc., including casting clerks, excluding holvever, casting directors and assistant casting directors, outside messengers attached to the transportation department, script clerks and laboratory shipping clerks, personal secretaries to officers of the corporation, personal secretaries to the general manager of the studio and the manager of studio operation, those persons who perform exec- utive, administrative, or supervisory functions for a substantial por- tion of their working time, or who have the right to hire or fire, or who have the right to recommend with respect thereto and whose recommendations are generally followed, constitute a unit appropriate for the,purposes of collective bargaining within the meaning of Sec- tion 9 (c) of the National Labor Relations Act. 7. All office, clerical, secretarial, and accounting employees, office and tabulating-machine operators, switchboard operators and messen- gers, rendering services at the Los Angeles County studios of Loew's, Inc., including casting clerks, excluding, however, casting directors and assistant' casting directors, outside messengers attached to the transportation department, script clerks and laboratory shipping clerks, personal secretaries to officers of the corporation, -personal secretaries to the following officials: the executive head of the studio, the studio manager, the comptroller, the executive head in charge of the cartoon studio, the executive head in charge of the shorts studio, and executive producers who participate with other executives in the framing of general studio policies, those persons who perform execu- tive, administrative, or supervisory functions for a substantial portion of their working time, or who have the right to hire or fire, or who have the right to recommend with respect thereto and whose recommenda- tions are generally followed, constitute a unit appropriate for the COLUMBIA PICTURES CORPORATION 719 purposes of collective bargaining within the meaning of Section 9 (c) of the National Labor Relations Act. 8. All office, clerical, secretarial, and accounting employees, office and tabulating-machine operators, switchboard operators and mes- sengers, rendering services at-the Los Angeles County studios of Re- public Productions, Inc., including casting clerks, excluding, however, casting directors and assistant casting directors, outside messengers attached to the transportation department, script clerks and laboratory shipping clerks, personal secretaries to officers of the corporation, those persons who perform executive, administrative, or supervisory functions for a substantial portion of their working time or who have the right to hire or fire, or who have the right to recommend with respect thereto and whose recommendations are generally followed, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (c) of the National Labor Relations Act 9. A11 office, clerical, secretarial, and accounting employees, office and tabulating-machine operators, switchboard operators and messen- gers, rendering services at the Los Angeles County studios of Walter Wanger Productions, Inc., excluding, however, outside messengers attached to the transportation department, laboratory shipping clerks, script clerks, personal secretaries to officers of the corporation, personal secretaries to any of the following officials : the general production manager, the studio treasurer, and the executive in charge of public relations, and also excluding those persons who perform executive, administrative, or supervisory duties for a substantial portion of their working time, or who have the right to hire or fire, or to recommend with respect thereto and whose 'recommendations are generally fol- lowed, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (c) of the National Labor Relations Act. DIRECTION OF ELECTIONS 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, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DutsorED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining, elections by secret ballot shall be conducted 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 Twventy- first Region, acting in this matter as agent for the National Labor 720 -DECISIONS OF NATIONAL LABOR RELATIONS BOARD Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among the following groups of employees: (1) The employees of Columbia Pictures Corporation of Los An- geles, California, whose names appear on the list attached to Petitioner Exhibit No. 3, to determine whether or not they desire- to be repre- sented by Screen Office Employees Guild for the purposes of collective ,bargaining; (2) The employees of Loew's, Inc., of Los Angeles, California, whose names appear on the list attached to Petitioner Exhibit No. 6 and the following casting employees : Katherine Wood, Audrey Van Dusen, Vivien Parmalee, Jeanette Walker, Ed Cook, Ernest Ohman, ,Cirwin Coughlin, Larry Starbuck, and Jack Bauer, to determine whether or not they desire to be represented by Screen Office Employees Guild, for the purposes of collective bargaining; (3) The,employees of R. K. O. Radio Pictures, Inc., of Los Angeles, California, whose names appear on the list attached to Petitioner Exhibit No. 1, to determine whether or not they desire to be repre- sented by Screen Office Employees Guild, for the purposes of collective bargaining; (4) The employees of Republic Productions, Inc., of Los Angeles, California, whose names- appear on the list attached to Petitioner Exhibit No. 7 and the following casting employees : Betty Pagel, Nick Treosti, and Nate Edwards, to determine whether or not they desire to be represented, by Screen Office Employees Guild, for the purposes of collective bargaining; (5) The employees of Hal Roach Studios, Inc., of Los Angeles, California, whose names appear on the list attached to Petitioner Exhibit No. 2, to determine whether or not they desire to be represented by Screen Office Employees Guild, for the purposes of collective bargaining; (6) The- employees of Universal Pictures, Inc., of Los Angeles, California, whose-names' appear on the list attached to Petitioner Exhibit No. 5 and the following casting employees : Claire Reivinan quid Paul Cbx, to determine whether or not they desire to be repre- sented by the Screeii Office Employees Guild, for the purposes of collective bargaining; (7) The employees of Walter Wanger Productions, Inc., of Los Angeles, California, whose names appear on the list attached to Peti- tioner Exhibit No. 8, to determine whether or not they desire to be represented by Screen Office Employees Guild, for the purposes of collective bargaining; and (8) The employees of 20th Century Fox Film Corporation, of Los Angeles, California, whose names appear on the list attached to Peti- tioner Exhibit No. 4, to determine whether they desire to be represented COLUMBIA PICTURES CORPORATION 721 by Screen Office Employees Guild or by 20th Century FoN Studio Office Employees Guild, for the purposes of collective bargaining, or by neither. ORDER IT IS HEREBY ORDERED that the petitions for investigation and certifica- tion of representatives of employees of Selznick International Pic- tures, Inc., and Samuel Goldwyn, Inc., Ltd., of Los Angeles, California, filed by Screen Office Employees Guild, be, and they hereby are dismissed. 323428-42-vol. 27-47