038 NLRB 132
Warner Bros. Pictures, Inc.
Ili the Matter Of WARNER BROS. PICTURES, INC., VITAGRAPH, INC., AND
WARNER BROS. CIRCUIT MANAGEMENT CORPORATION, AND THEIR SUB-
SIDIARY' CORPORATIONS and WARNER BROS. ASSOCIATED OFFICE EM-
PLOYEES OF GREATER NEW YORK
Case No. R-f2695
CERTIFICATION OF REPRESENTATIVES
January 9, 1942
On September 24, 1941, the National Labor Relations Board issued
a Decision and Direction of Election in the above-entitled proceed=
ings.'
Pursuant to the Direction of Election, an election by secret
ballot was conducted on October 23, 1941, under the direction and
supervision of the Regional Director for the Second Region (New
York City).
On December 19, 1941, the Regional Director, acting
pursuant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued and duly served
upon the parties her Election Report.
No objections to the conduct
of the ballot or the Election Report have been filed by any of the
parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list______________________________________ 702
Total ballots cast__________________________________________
639
Total ballots cballenged_____________________________________
74
Total blank ballots_________________________________________
2
Total void ballots__________________________________________
0
Total valid votes counted____________________________________
Votes cast for Warner Bros. Associated Office Employees of
563
Greater New York________________________________________ 451
Votes cast against aforementioned union_____________________ 112
Since the challenged ballots cannot affect the results of the election,
we find it unnecessary to pass upon the challenges.
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of
1 35 N. L. R. B., No. 165.
38 N. L. R. B, No. 31
132
WARNER BROS. PICTURES, INC. ET AL.
133
National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT Is HEREBY CERTIFIED that Warner Bros. Associated Office Em-
ployees of Greater New York has been designated and selected by a
majority of all office, clerical, secretarial and accounting employees
of Warner Bros. Pictures, Inc., Vitagraph, Inc., and Warner Bros.
Circuit Management Corporation and their subsidiary corporations,
at the West 44th Street office of the Companies in New York City,
including those in the above categories employed in the legal depart-
ment, the trust department, the tax department, the sound depart-
ment, the construction and maintenance department, the foreign title
department, the scenario department, the censorship department, the
Artist's Bureau, Inc., Continental Theatre Accessories, Inc., the legiti-
mate theatre department, the purchasing or advertising accessories
department, the foreign publicity department, the Exchange Travel-
ling Auditors, travelling auditors and checkers, and translators, and
including Paul Schechter and Ernest Ullberg, but excluding execu-
tives, supervisory employees having the power to hire and discharge,
persons having the duty to recommend hiring, discharging, wage in-
creases or other adjustments of working conditions, persons having
a duty to enforce or recommend disciplinary action, all other em-
ployees who regularly supervise the performance of work by their
subordinates, confidential secretaries to executives, secretaries to super-
visory employees, if such supervisory employees have duties of a
highly confidential nature, employees more than 50 per cent of whose
working time is spent away from the West 44th Street office, lawyers,
engineers, publicists, and artists, as their representative for the pur-
poses of collective bargaining, and that, pursuant to Section 9 (a) of
the National Labor Relations Act, Warner Bros. Associated Office
Employees of Greater New York 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 conditions
of employment.