Columbia Pictures Corporation of California, Ltd.

National Labor Relations Board - Board Decisions

Jul 22, 1939

13 N.L.R.B. 898 (N.L.R.B. 1939)

In the Matter of COLUMBIA PICTURES CORPORATION OF CALIFORNIA, LTD.
and THE SOCIETY OF MOTION PICTURE ART DIRECTORS
In the Matter of RKO RADIO PICTURES, INC. and TIE. SOCIETY of
MOTION PICTURE ART DIRECTORS
In the Matter of UNIVERSAL PICTURES COMPANY, INC. and THE So-
CIETY OF MOTION PICTURE ART DIRECTORS
In the Matter Of WARNER BROS . PICTURES,' INC.1 and THE SOCIETY OF
. MOTION PICTURE ART DIRECTORS
In the Matter of TWENTIETH CENTURY-FOX FILM CORPORATION and
THE SOCIETY OF MOTION PICTURE ART DIRECTORS
In the Matter of UNITED ARTISTS STUDIO CORPORATION and THE
SOCIETY OF MOTION PICTURE ART DIRECTORS
In the Matter of LoEW 'S INCORPORATED 2 and Tim SOCIETY of MOTION
PICTURE ART DIRECTORS
In the Matter of PARAMOUNT PICTURES , INC. and THE SOCIETY OF
MOTION PICTURE ART DIRECTORS
Cases Nos. R-1082 to R 1089, inclusive, respectively .Decided July
$3, 1939
Motion Picture Industry-investigation of Representatives : controversy con-
cerning representation of employees : refusal of employers to bargain collectively
with union until certified by Board-Unit Appropriate for Collective Bargaining:
supervisory or chief art directors, follow-up men ; no controversy as to-Repre-
sentatives : comparison of employee lists with union membership lists-Certift-
cation of Representatives : in five companies upon proof of majority representa-
tion-Elections Ordered : in three companies.
Mr. William R. Walsh, for the Board.
Mitchell, Silberberg, Roth & Knupp, by Mr. Guy Knupp and Mr.
Gordon Hall, Jr., of Los Angeles, Calif., for Columbia and RKO.
1 The petition and amended petition in this case refer to Warner Bros., Inc. The name
as it appears above is the correct name.
2 The petition and amended petition in this case refer to Metro-Goldwyn-Mayer Corpora-
tion. At the hearing, counsel for the Board and counsel for the Companies stated that
Loew's Incorporated was the successor to Metro-Goldwyn-Mayer Corporation and that
wherever in this proceeding the name Metro-Goldwyn-Mayer Corporation appears, Loew's
Incorporated may be substituted therefor.
13 N. L. R. B., No. 94.
898
COLUMBIA PICTURES CORPORATION OF CALIFORNIA, LIMITED 899
Loeb & Loeb, by Mr. Milton H. Schwartz and Mr. Gordon Hall,
Jr., of Los Angeles, Calif., for Universal, Loew's, and United Artists.
Freston & Files, by Mr. Clarence M. Hanson and Mr. Gordon Hall,'
Jr., of Los Angeles, Calif., for Warner.
Mr. Henry Herzbrun, Mr. Jacob Karp, and Mr. Gordon Hall, Jr.,
of Los Angeles, Calif., for Paramount.
Mr. Alfred Wright and Mr. Gordon Hall, Jr., of Los Angeles,
Calif., for Fox Film.
Mr. Felix Cunningham, of Beverly Hills, Calif., for the Society.
Mr. Henry W. Lehmann, of counsel to the Board.
DECISION
CERTIFICATION OF REPRESENTATIVES
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On July 12, 1937, and on June 15, 1938, respectively, The Society
of Motion Picture Art Directors, herein called the Society, filed with
the Regional Director for the Twenty-first Region (Los Angeles, Cali-
fornia ) eight separate petitions and eight separate amended peti-
tions , each alleging that a question affecting commerce had arisen
concerning the representation of employees of the companies named
in such petitions and amended petitions and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c) of
the National Labor Relations Act, 49 Stat. 449, herein called the Act.
The companies named in the petitions and amended petitions were
Columbia Pictures Corporation of California, Ltd., RKO Radio Pic-
tures, Inc., Universal Pictures Company, Inc., Warner Bros. Pictures,
Inc.,3 Twentieth Century-Fox Film Corporation, United Artists
Studio Corporation, Metro-Goldwyn-Mayer Corporation, and Para-
mount Pictures, Inc., herein referred to as the Companies. On July
28, 1938, the National Labor Relations Board, herein called the
Board, acting pursuant to Section 9 (c) of the Act, and Article III,
Section 3, of National Labor Relations Board Rules and Regula-
tions-Series 1, as amended, ordered investigations and authorized
the Regional Director to conduct them and to provide for an ap-
propriate hearing upon due notice, and, acting pursuant to Article
III, Section 10 (c) (2), of said Rules and Regulations, further or-
dered that, for the purpose of hearing, the cases be consolidated and
that one record of the hearing be made.
8 See footnote 1.
900 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Twentieth Century-Fox Film Corporation filed an answer
wherein, among other things, it denied that it was engaged in the
'exhibition of motion pictures ; denied that any question had arisen
between the Society and itself under the Act or that any question
had arisen with respect to which the Board-has jurisdiction; denied
that the production of motion pictures by it affected interstate com-
merce; denied that the relationship beween itself and the persons em-
ployed by it as motion picture art directors affected interstate com-
merce; alleged that the provisions of the Act delegating to the Board
the power to determine the appropriate unit were unconstitutional;
and requested that the proceeding and the amended petition be dis-
missed.
On August 18 and 30, 1938, respectively, the Regional Director is-
sued a notice of hearing and an amended notice of hearing. Copies
of such notice and amended notice were duly served upon each of
the Companies involved in this proceeding, upon the Society, and
upon the International Alliance of Theatrical & Stage Employees, a
labor organization claiming to represent employees directly affected
by the investigation. The United Scenic Artists, Local Union No.
621, was named in the petitions and amended petitions as also claim-
ing to represent employees directly affected by the investigations. A
notice of hearing was sent by registered mail to the United Scenic
Artists, Local Union No. 621 at the address set forth in the petitions
and amended petitions, but no appearance was entered on behalf of
such organization.
Pursuant to the notices, a hearing was held on September 8, 1938,
at Los Angeles, California, before William R. Ringer, the Trial Ex-
aminer duly designated by the Board. The Board, each Company,
and the Society were represented by counsel and participated in the
hearing. Thereupon counsel for the Board moved that the hearing
be postponed and that 2 days' notice be given to each of the parties
prior to the reopening of such hearing. The Trial Examiner
granted this motion.
On October 10, 1938, the Regional Director issued a "notice to re-
convene adjourned hearing" copies of which were duly served upon
each of the Companies involved in this proceeding, upon the Society,
and upon the International Alliance of Theatrical & Stage Em-
ployees. Pursuant to such notice, the hearing was resumed on Octo-
ber 19, 1938, at Los Angeles, California, before William R. Ringer,
the Trial Examiner previously designated in this proceeding. The
Board, each Company, and the Society were represented by counsel
and participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing upon the issues was afforded all parties.
COLUMBIA PICTURES CORPORATION OF CALIFORNIA, LIMITED 901
At the hearing, it was stipulated that answers similar to that filed
by Twentieth Century-Fox Film Corporation be deemed to have been
filed on behalf of each of the Companies. It was also stipulated, and
such stipulation was approved by the Trial Examiner, that the testi-
mony of certain witnesses entered into the record in Matter of Metro-
Goldwyn-Mayer Studios, and Motion Picture Producers Assn., et aZ.
and Screen Writers' Guild, Inc.,4 and all objections and motions
therein related thereto, such testimony, objections, and motions also
appearing as Board Exhibits Nos. 61 and 62 in certain other con-
solidated proceedings before the Board entitled Matter of Columbia
Pictures Corporation of California, Ltd. and Screen Directors' Guild,
Inc.,5 and certain enumerated exhibits marked for identification and
offered as evidence in either or both the afore-mentioned cases, be
made part of the record in the instant proceeding.
During the hearing, after the introduction of the formal papers
relating to this proceeding, counsel for the Companies objected to
the introduction of any further evidence and at the close of the hear-
ing, presented a motion to dismiss this proceeding. The reasons
advanced in support of such objection and motion to dismiss are
substantially similar to those contained in the written answer and
motion to dismiss filed by Twentieth Century-Fox Film Corporation.
The Trial Examiner overruled the objection to the introduction of
any further evidence and denied the motion to dismiss. These rul-
ings of the Trial Examiner are hereby affirmed. During the course
of the hearing, the Trial Examiner made one other ruling on an
objection to the admission of certain evidence. The Board has
reviewed this ruling of the Trial Examiner and finds that no preju-
dicial error was committed. The ruling is hereby affirmed. We
hereby deny the motion to dismiss contained in the answer filed by
Twentieth Century-Fox Film Corporation as to which the Trial
Examiner made no ruling.
Upon the entire record in this proceeding, the Board makes the
following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANIES
Columbia Pictures Corporation of California, Ltd.," RKO Radio,
Pictures, Inc., Universal Picture Company, Inc., Warner Bros. Pic-
tures, Inc., Twentieth Century-Fox Film Corporation, Loew's Incor-
+ 7 N L R. B 662
5 Cases Nos. XXI-C-812 to XXI-C-821, R-1041 to R-1050. The hearing in this
consolidated proceeding was held between August 28 and October 6, 1938.
O In the record in this proceeding, references are made to Columbia Pictures Corpora-
tion. Subsequent to the hearing herein, it was stipulated by the parties that any
reference in the record to Columbia Pictures Corporation may be deemed to refer to
Columbia Pictures Corporation of California, Ltd., the corporation involved in this
proceeding.
187930-39-vol. 13-58
902 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
porated, and Paramount Pictures, Inc., all named in this proceeding,
are engaged in the production of motion pictures. United Artists
Studio Corporation, also named in this proceeding, does not produce
motion pictures but owns a studio which it leases to Walter Wanger
Productions, Inc., and Samuel Goldwyn, Inc., for the production of
motion pictures by these organizations. The studios of all the Com-
panies are located in Los Angeles County, California.
A. Columbia Pictures Corporation of California, Ltd., herein
referred to as Columbia, is a California corporation. During the
periods of time indicated below, Columbia purchased film from J. E.
Brulatour, Inc., Smith & Aller, Ltd., and C. King Charney in the
following amounts :
Distributing company Type and amount of filmmeasured in feet
Period of time during which the purchases
were made
J. E. Brulatour , Inc__________
Smith & Aller, Ltd___________
C. King Charney_____________
88,308 ,000 positive -_________
3,737,999 negative-------------
10,175 ,000 Canadian ----------
2,385,803 positive_____________
21,000 infra -red ---------------
2,064,000 superpan_________-__
16,516,000 positive____________
lAugust 1 , 1936, to August 1, 1937
J September 1938, to August 30, 1937.
September 1, 1936, to September 1, 1937.
J. E. Brulatour, Inc., Smith & Aller, Ltd., and C. King Charney, each
located in California, are the exclusive distributors, respectively, of
Eastman Kodak film manufactured in Rochester, New York, Dupont
film manufactured in Parlin, New Jersey, and Agfa film manufac-
tured in Binghamton, New York. Both J. E. Brulatour, Inc., and
Smith & Aller, Ltd., carry inventories of film in their California ware-
houses. Agfa film is shipped to a California warehouse of Agfa and
there purchased by C. King Charney in amounts determined by the
sales requirements of that distributor.?
Columbia also purchased substantial quantities of hardware from
Union Hardware & Metal Company and from California Hardware
Company; theatrical and drapery fabrics from Dazian's, Inc.; and
photographic supplies from Eastman Kodak Stores, Inca
During its last fiscal year ending prior to August 28, 1938,9 Co-
lumbia spent $9,127,422.41 in the production of motion pictures, and
produced 43 feature-length pictures and 47 films of short subjects.
It sent one crew to Utah in connection with the preparation of one
picture.
During the aforesaid fiscal year, Columbia or the distributor of its
pictures sent 33 negatives of feature-length pictures and 54 negatives
° The information set forth herein with respect to the origin of film purchased by
Columbia likewise applies to the film purchased by the other Companies from these
same distributors.
8 Although the said companies are located in California, they obtain all or a sub-
stantial part of their stock of the articles mentioned from sources outside of California.
9 The record does not disclose upon what dates such fiscal year of Columbia began
and ended.
COLUMBIA PICTURES CORPORATION OF CALIFORNIA, LIMITED 903
of short subjects from California to New York City for shipment to
Europe. In addition, it or its distributor shipped 47 duplicate nega-
tives and 77 lavenders of feature-length pictures, and 67 negatives, 22
duplicate negatives, and 168 lavenders of short subjects to foreign
countries. Columbia or its distributor also shipped 6,927 prints of
feature-length pictures and 12,019 prints of short subjects to destina-
tions within the United States outside of California, and 1,151 prints
of feature-length pictures and 1,413 prints of short subjects to for-
eign countries.
Columbia Pictures Corporation, a New York corporation, which
owns all of Columbia's capital stock, distributes Columbia prints in
the United States, and subsidiaries or licensees of Columbia Pictures
Corporation distribute its prints in foreign countries. Columbia
Pictures Corporation has its principal offices in New York City.
B. RKO Radio Pictures, Inc., herein referred to as RKO, is a
Delaware corporation. During the periods of time indicated below,
RKO purchased film from J. E. Brulatour, Inc., Smith & Aller, Ltd.,
and C. King Charney in the following amounts : to
Distributing company Type and amount of film
measured in feet
Period of time during which the purchases
were made
(355 000 positiveJ. E. Brulatour, Inc__________
, _____
15,570 ,000 negative __ __________
7,283,498positive - -
August 1, 1936, to August 1, 1937.
Smith & Aller , Ltd___________ -262,852 negative____ September 1936, to August 30,1937.
C. King Charney ----____--_- 23,395 infra -red_______________ September 1, 1936, to September 1, 1937.
RKO purchased substantial quantities of hardware from Union
Hardware & Metal Company and from California Hardware Com-
pany; theatrical and drapery fabrics from Dazian's, Inc.; and photo-
graphic supplies from Eastman Kodak Stores, Inc." RKO also
purchased a substantial quantity of glass from W. P. Fuller & Co.12
During its last fiscal year ending prior to August 28, 1938,13 RKO
spent $15,242,661.80 in the production of motion pictures and pro-
duced 43 feature-length pictures and 26 films of short subjects.
During such period, it sent 6 crews "on location" outside of California
in connection with the filming of all or parts of certain of its pictures.
One or more of such crews were sent to Maryland, New York, and
France.
During the aforesaid fiscal year, RKO shipped 43 negatives of fea-
ture-length pictures and 26 negatives of short subjects from Cali-
10 For the origin of the film purchased from the above -mentioned distributors , see Sub-
section A of this Section and footnote 7.
31 See footnote 8
'a This company , located in California , obtains 85 per cent of its stock of glass from
Pittsburgh , Pennsylvania.
The record does not disclose upon what dates such fiscal year of RHO began and ended.
904 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
fornia to New York. For distribution in the United States, 8,624
prints were made from such negatives of feature-length pictures and
2,797 prints from the negatives of the short subjects. From Consoli-
dated Film Industries, Fort Lee, New Jersey, 8,538 prints of the
feature-length pictures and 2,771 prints of short subjects were
shipped to destinations within the United States outside of New
Jersey.
RKO distributes its pictures in the United States through its own
distribution department, the principal offices of which are located in
New York City, and through its system of exchanges. In foreign
countries, RKO distributes its pictures either through subsidiary
corporations or through subdistributors.
C. Universal Pictures Company, Inc., herein referred to as Uni-
versal, is a Delaware corporation. From August 1, 1936, to August
1, 1937, Universal purchased 6,440,000 feet of positive film and
4,475,000 feet of negative film from J. E. Brulatour, Inc., and from
September 1, 1936, to September 1, 1937, it purchased 43,200 feet
of infra-red film from C. King Charney.14 Universal also purchased
substantial quantities of hardware from Union Hardware & Metal
Company and from California Hardware Company; theatrical and
drapery fabrics from Dazian's, Inc.; and photographic supplies
from Eastman Kodak Stores, Inc."
From July 1, 1937, to June 30, 1938, Universal spent approximately
$10,000,000.00 in the production of motion pictures and produced 44
feature-length pictures and 20 films of short subjects. It sent one
crew of three persons "on location" to Nevada and Oregon in con-
nection with the preparation of certain of its pictures.
During the aforesaid fiscal year, Universal the distributors of its
pictures shipped 44 negatives of feature-length pictures and 20 nega-
tives of short subjects from California to Fort Lee, New Jersey.
For distribution in the United States, 6,770 prints were made from
the negatives of the feature-length pictures and 1,990 prints from the
negatives of the short subjects. In addition, Universal or its dis-
tributors shipped a total of 131 negatives, duplicate negatives, and/or
lavenders of feature-length pictures to Australia, Canada, England,
and France. Two hundred and thirty-five prints were made from
such negatives in Australia, 245 in Canada, 1,147 in England, and
229 in France.1° Universal and its distributors shipped a total of
14 For the origin of the film purchased from the above-mentioned distributor , see Sub-
section A of this Section and footnote 7.
15 See footnote 8.
Is This information was contained in Board Exhibit No . 330 entered into the record at
the hearing in Matter of Columbia Pictures Corporation of California , Ltd., et al. and
Screen Directors' Guild, Inc, (Cases Nos. XXI-C-812 to XXI-C-821 , R-1041 to 1050)
and made part of the record in this proceeding . This exhibit states that the information
contained therein is incomplete.
COLUMBIA PICTURES CORPORATION OF CALIFORNIA, LIMITED 905
.57 negatives, duplicate negatives, and/or lavenders of short subjects
to Canada and other foreign countries. Two hundred and thirty-six
prints were made in foreign countries from these negatives.
Universal and its distributors also shipped 6,770 prints of feature-
length pictures from Fort Lee, New Jersey, and 1,990 prints of short
subjects from New York City to various destinations in the United
States, 121 prints of feature-length pictures and 30 prints of short
subjects from California to various destinations in the United States,
and 72 prints of feature-length pictures and 493 prints of short sub-
jects to foreign countries.
Universal conducts the distribution of its pictures through various
companies as follows : In the United States, through Universal
Film Exchanges, Inc., a wholly owned subsidiary of Universal, which
has its principal offices in New York City, and through Big "U" Film
Exchange, Inc.; in Canada, since August 1937, through Empire
Universal Films, Ltd., an independent distributor; in other foreign
countries, through various other corporations.
D. Warner Bros. Pictures, Inc., herein referred to as Warner, is a
Delaware corporation. During the periods of time indicated below,
Warner purchased film from J. E. Brulatour, Inc., Smith & Aller,
Ltd., and C. King Charney in the following amounts : 17
Distributing company Type and amount of filmmeasured in feet
Period of time during which the purchases
were made
35,260,000 positive ------------
J. E Brulatour , Inc_______--_
Smith & Aller , Ltd-___--___-_
Q ,660 .000 negative-------------
1,914 ,000 Canadian ---------__
1,800 positive_________________
}August 1, 1936 , to August 1, 1937.
111))) September 1936 to August 30, 1937.
C. King Charney _____________ 34,400infra-red_______________ September 1, 1936, to September 1, 1937.
Warner also purchased substantial quantities of hardware from
Union Hardware & Metal Company and from California Hardware
Company; theatrical and drapery fabrics from Dazian's, Inc.;
photographic supplies from Eastman Kodak Stores, Inc.; 18 and glass
from W . P. Fuller & Co.19
-,During Warner's fiscal year ending August 27 , 1937, Warner spent
$21,878,994 .30 in the production of motion pictures and produced 48
feature-length pictures and 4 films of short subjects. It sent one
crew to Florida in connection with the filming of one motion picture.
17 For the origin of the film purchased from the above -mentioned distributors see Sub-
section A of this Section and footnote 7.
19 See footnote 8. Information supplied by warner indicates that of $381,007.43 spent
for building materials , articles aggregating $5,532 . 18 in value were purchased from vendors
located outside of California , and that of $250,62174 spent for costumes and materials
for costumes , articles aggregating $5,894 17 in value were purchased from vendors outside
of California.
11 See footnote 12.
906 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
During the aforesaid fiscal year, Warner shipped 50 negatives of
feature-length pictures from its studio in California to the Ace Film
Laboratories, located in Brooklyn, New York. The record does not
indicate the number of prints made by the Ace Film Laboratories
from such negatives. Warner's California laboratory, however,
made 618 prints from the negatives of feature -length pictures.
Warner's pictures are distributed by Vitagraph, Inc., a wholly
owned subsidiary of Warner which has its offices in New York City.
During the aforesaid fiscal year, Warner's California laboratories,
pursuant to the instructions of Vitagraph, Inc., distributed the 618
prints which it made as follows : 276 prints delivered to the Los
Angeles exchange of Vitagraph, Inc.; 54 prints shipped to the New
York City offices of Vitagraph, Inc. ; 189 prints shipped to the Ace
Film Laboratories in Brooklyn, New York; 64 prints shipped to
the Australian office of Vitagraph, Inc.; and 35 prints retained by
Warner at its studio in Burbank, California. Pursuant to the in-
structions of Vitagraph, Inc., Warner's California laboratory shipped
a total of 131 negatives and/or lavenders of feature-length pictures 20
and 205 prints of feature-length pictures to foreign countries, and 102
prints of feature-length pictures to destinations within the United
States outside of California. The record contains no data with
respect to the number of prints distributed by Vitagraph, Inc., from
its offices in New York City. The four negatives of short subjects
made by Warner were delivered to Technicolor Laboratories in Holly-
wood, California. A total of 700 prints of short subjects were made.
Pursuant to instructions of Vitagraph, Inc., Technicolor Laboratories
shipped 560 prints of short subjects to destinations within the United
States outside of California and 100 such prints to foreign countries.
E. Twentieth Century-Fox Film Corporation, herein referred to as
Fox Film, is a New York corporation. During the periods of time
indicated below, Fox Film purchased film from J. B. Brulatour,
Inc., Smith & Aller, Ltd., and C. King Charney in the following
amounts : 21
Distributing company Type and amount of filmmeasured in feet
Period of time during which the purchases
were made
J. E. Brulatour Inc 35,096,000 positive------------ August 1, 1936 , to August 1, 1937.
Smith & Aller, i td 1,000 negative ________________ September 1, 1936, to August 30, 1937.
C. King Char ney_____________ 30,600infra-red_______________ September 1, 1936, to September 1, 1937.
Fox Film also purchased substantial quantities of hardware from
Union Hardware & Metal Company and from California Hardware
20 Forty-seven of such duplicates and/or lavenders were sent to Canada , 31 to Australia,
and 53 to England.
21 For the origin of the film purchased from the above -mentioned distributors , see Sub-
section A of this Section and footnote 7.
COLUMBIA PICTURES CORPORATION OF CALIFORNIA, LIMITED 907
Company; theatrical and drapery fabrics from Dazian's, Inc.; glass
from W. P. Fuller & Co.; and photographic supplies from Eastman
Kodak Stores, Inc.22
During Fox Film's fiscal year 1937,2$ Fox Film spent $22,846,000
"for direct and indirect costs" in the production, of feature motion
pictures and produced 52 feature-length pictures. During such
period, it sent five crews "on location" outside of California, in con-
nection with the filming of all or parts of certain of its motion pic-
tures. One or more of these crews were sent to Arizona, Florida,
Washington, and Kenya Colony, British East Africa.
During the aforesaid fiscal year, Fox Film shipped 50 negatives of
feature-length pictures from California to its offices in New York City.
Eighteen thousand eight hundred and ninety prints were made from
such negatives and shipped to various cities in the United States. In
addition, Fox Film shipped a total of 172 negatives, duplicate nega-
tives, and/or lavenders to Australia, Canada, Czecho-Slovakia,
England, France, Germany, Hungary, Italy, Japan, Poland, and Rou-
mania, from which 5,227 prints were made. It also shipped 13,255
prints of feature-length pictures, and 1,240 prints of short subjects
to destinations within the United States outside of California, and
2,613 prints of feature-length pictures and 638 prints of short sub-
jects to foreign countries. Although Fox Film produced no films
of short subjects, 1,240 prints were made from negatives of short sub-
jects which Fox Film's exchanges, located in various cities in the
United States, distributed. It also shipped a total of 30 negatives,
duplicate negatives, and/or lavenders of short subjects to Australia,
France, Germany, and Italy. Three hundred and twenty-two prints
were made from such negatives and distributed by the exchanges of
various subsidiary corporations of Fox Film located in the afore-
mentioned countries.
Fox Film maintains a distribution department through which it
distributes its pictures in the United States, exclusive of Louisiana
and Texas. In these two States and in foreign countries, subsidiary
corporations of Fox Film distribute its pictures. The principal
offices of the distribution department are located in New York City.
F. United Artists Studio Corporation, herein referred to as United
Artists, a California corporation, is a subsidiary of Samuel Goldwyn,
Inc., Ltd. As' already indicated, United Artists does not produce
motion pictures but leases its studio to Walter Wanger Productions,
Inc., herein referred to as Wanger Productions, and to Samuel Gold-
wyn, Inc., Ltd., herein referred to as Goldwyn. It provides labor,
r2 See footnote 8. Information supplied by Fox Film indicates that of $1,480, 989.10
spent for materials during 1936, articles costing $6,470 were purchased outside of the
State of California.
"Fox Film's fiscal year 1937 corresponds to the calendar year 1937
908 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
space, services, and equipment, and as part of such services, it designs
and constructs motion-picture sets. Included on its staff is an art
director and an assistant art director. During its last fiscal year end-
ing prior to September 30, 1937, United Artists purchased $59,500.00
worth of film from J. E. Brulatour, Inc., and Smith & Aller, Ltd.
During the periods of time indicated below, Wanger Productions,
which uses the facilities provided by United Artists in the production
of motion pictures, purchased film from J. E. Brulatour, Inc., Smith
& Aller, Ltd., and C. King Charney in the following amounts : 24
Distributing company Type and amount of filmmeasured in feet
Period of tune during which the purchases
were made
J. IS. Brulatour, Inc__________ 473,000 negative ______________ August 1, 1936 , to August 1, 1937
Smith & Aller , Ltd___________ 254,485 negative______________ September 1936, to August 30, 1937.
C. King Charney_____________ 2,200 infra -red ________________ September 1, 1936, to September 1, 1937.
It also has purchased photographic supplies from Eastman Kodak
Stores, Inc. 25
During its last fiscal year ending prior to September 20, 1938,26
Wanger Productions spent $3,366,388.51 in the production of motion
pictures and produced 6 feature-length pictures. During such period,
it shipped six feature-length negatives and prints out of California.
After Wanger Productions has completed a photoplay, it selects a
laboratory which may be either within or without California. After
the prints of the picture have been made at such laboratory, 236 of
them are then delivered to United Artists Corporation, a distributing
company, which orders the laboratory to ship the prints to its ex-
changes throughout the country. United Artists Corporation distrib-
utes the prints -all over the world and shares in the gross receipts
with Wanger Productions on a percentage basis.
Goldwyn, which also uses the facilities and services of United
Artists in producing its pictures, is a California corporation. During
the periods of time indicated below, Goldwyn purchased films from
J. E. Brulatour, Inc., Smith & Aller, Ltd., and C. King Charney in
the following amounts : 27
Distributing company Type and amount of filmmeasured in feet
Period of time during which the purchases
were made
J E. Brulatour , Inc__________ 210,000 negative______________ August 1, 1936, to August 1, 1937.
Smith & Aller, Ltd___________ 1,398,965 negative_____________ September 1936, to August 30, 1937
C. King Charney_____________ 38,300 infra-red -- ____________ September 1, 1936, to September 1, 1937.
m For the origin of the film purchased by the above-mentioned distributors, see Sub-
section A of this Section and footnote 7.
25 See footnote 8.
29 The record does not disclose upon what dates such fiscal year of wanger Productions
began and ended.
24 For the origin of the film purchased by the above-mentioned distributors, see Sub-
section A of this Section and footnote 7.
COLUMBIA PICTURES CORPORATION OF CALIFORNIA, LIMITED 909
Goldwyn also has purchased photographic supplies from Eastman
Kodak Stores, Inc.28
During Goldwyn's fiscal year ending July 3, 1937, Goldwyn spent
$3,460,645.66 in the production of motion pictures and produced 6,
feature-length pictures. During such period, it shipped four nega-
tives out of California but no prints. Its prints are distributed by
United Artists Corporation which receives a percentage of the reve-
nues obtained from exhibition rentals.
G. Loew's Incorporated, herein referred to as Loew's, is a Dela-
ware corporation. As already indicated, Loew's is the successor to
Metro-Goldwyn-Mayer Corporation.29 The facts pertaining to the
producing operations of Metro-Goldwyn-Mayer Corporation are,
therefore, relevant in regard to the present activities of Loew's Incor-
porated.
During the periods of time indicated below, M. G. M. purchased
film from J. E. Brulatour, Inc., Smith & Aller, Ltd., and C. King
Charney in the following amounts : 30
Distributing company Type and amount of filmmeasured in feet
Period of time during which the purchases
were made
155,700,000 positive___________
J. E. Brulatour , Inc__________
Smith & All r Ltd
7,500,000 negative_____________
9 960,000 Canadian __._______.
f19,415,623 positive____________
}August 1, 1936, to August 1, 1937.
1937to August 30)))}September 1936, .._________e 11,056,249 negative___________
.,,
O. King Cbarnoy------------- 28,400 infra-ied_______________ September 1, 1936, to September 1, 1937.
M. G. M. purchased substantial quantities of hardware from Union
Hardware & Metal Company and from California Hardware Com-
pany; theatrical and drapery fabrics from Dazian's, Inc.; and pho-
tographic supplies from Eastman Kodak Stores, Inc." M. G. M.
also purchased a substantial quantity of Douglas fir, white and sugar
pine, and hardwood from the Globe Lumber Company.82
During its last fiscal year ending prior to August 28, 1938,33 Loew's
spent $32,000,000.00 in the production of motion pictures and pro-
duced 39 feature-length pictures and 67 films of short subjects, in-
cluding cartoons. During such period, it sent crews "on location"
outside of California in connection with the filming of all or parts
of certain of its pictures. One or more of such crews were sent to
Idaho, Maryland, Nebraska, Ohio, Oregon, Tennessee, Utah, Vir-
ginia, District of Columbia, Canada, Dutch Guiana, and Siam.
28 See footnote 8.
2° See footnote 2.
20 For the origin of films purchased from the above-mentioned distributors, see Sub-
section A of this Section and footnote 7.
ai See footnote 8.
=This company obtains 75 per cent or more of its stock of each of the articles men-
tioned from sources outside of California.
as The record does not disclose upon what date such fiscal year of Loew's began and ended.
91O DECISIONS OF NATIONAL LABOR RELATIONS BOARD
During the aforesaid fiscal year, it shipped 43 original and fine
grain duplicate negatives of feature-length films and 69 original
and fine-grain negatives of short subjects from California to Con-
solidated Film Laboratories, Fort Lee, New Jersey. From such
original negatives, 11,776 prints of feature-length pictures were made
and 12,377 prints of short subjects. In addition, Loew's shipped
a total of 129 duplicate negatives of feature-length pictures to Aus-
tralia, Canada, England, and Italy, and a total of 123 negatives of
short subjects to Australia and Canada. It shipped 12,207 prints of
feature-length pictures and 13,547 prints of short subjects to destina-
tions within the United States outside of California, and 559 prints
of feature-length pictures and 978 prints of short subjects from its
studio to foreign countries. The New York City office of Loew's
distributes its prints.
H. Paramount Pictures, Inc., herein referred to as Paramount, is a
New York corporation. During the periods of time indicated below,
Paramount purchased film from J. E. Brulatour, Inc., Smith & Aller,
Ltd., and C. King Charney in the following amounts : 34,
Distributing company Type and amount of 111mmeasured in feet
Period of time during which the purchases
were made
J. E. Brulatour , Inc..........
Smith & Aller , Ltd___________
C. King Charney-------------
128,511,000 positive_._
4,768,000 negative_
3,524,000 Canadian_,_________
2,961,171 positive____________
12,191,323 negative _____________
1123,000 infra-red______________
18,200 superpan______________
}August 1, 1938, to August 1, 1937.
}September 1936, to August 30, 1937.
}September 1, 1936, to September 1, 1937.
Paramount also purchased substantial quantities of hardware from
Union Hardware & Metal Company and from California Hardware
Company; theatrical and drapery fabrics from Dazian's, Inc. ; photo-
graphic supplies from Eastman Kodak Stores , Inc.; 85 and Douglas
fir, white and sugar pine , and hardwood from the Globe Lumber
Company.86
The data which follows relates to Paramount's fiscal year ending
January 1, 1938 . During its fiscal year , ending January 1, 1938,
Paramount spent $25,752 ,766 in the production of motion pictures
and produced 44 feature -length pictures and 40 films of short sub-
jects. During such period it sent eight crews "on location " outside
of California in connection with the filming of all or parts of certain
of its motion pictures . One or more of such crews were sent to
84 For the origin of the film purchased from the above-mentioned distributors, see Sub-
section A of this Section and footnote 7.
85 See footnote S.
16 See footnote 32.
COLUMBIA PICTURES CORPORATION OF CALIFORNIA, LIMITED 911
Alaska, Hawaiian Islands, Idaho, Louisiana, New York, France, and
Singapore, Straits Settlements.
During the aforesaid fiscal year, Paramount shipped 40 negatives
of feature-length pictures from California to New York from which
8,472 prints were made for distribution in the United States. In
addition, Paramount shipped a total of 220 negatives, duplicate nega-
tives and/or lavenders of feature-length pictures either from Los
Angeles, California, or from Long Island, New York, to foreign
countries 34 and Puerto Rico from which 1,946 prints were made and
a total of 204 negatives, duplicate negatives, and/or lavenders of
short subjects to various foreign countries.38 It shipped 7,770 prints
of feature-length pictures to destinations within the United States
outside of California, 220 such prints to foreign countries, and 204
prints of short subjects to foreign countries.
Paramount distributes its pictures through a distribution depart-
ment and exchanges located throughout the United States and in
most foreign countries. In Bermuda, Bulgaria, Greece, Haiti, South
Africa, and Turkey, it distributes its pictures through concession-
aires. The principal offices of the distribution department are located
in New York City.
II. THE ORGANIZATION INVOLVED
The Society of Motion Picture Art Directors is an unaffiliated labor
organization admitting to its membership the following classes of
persons whether employed or expecting to be employed in the motion-
picture industry : supervising or chief art directors, unit art directors,
and their assistants or follow-up men.
III. THE QUESTIONS CONCERNING REPRESENTATION
Each of the petitions and amended petitions filed in this proceed-
ing alleges that "United Scenic Artists Local Union #621 claims to
represent this group (the persons constituting the unit claimed by
the Society to be appropriate), with the result that the attempts of
the Society to negotiate with employers has been interfered with."
Prior to the hearing in this proceeding, the secretary of the Society
conferred with one Pat Casey concerning the negotiation of a col-
lective agreement covering the employees whom the Society claimed
to represent. Pat Casey informed the secretary of the Society that
ST Such shipments were made to the following countries : Argentina , Australia , Austria,
Belgium, Brazil , Bulgaria , Chile, China , Colombia, Cuba , Czecho-Slovakia , Denmark , Egypt,
Finland, France , Germany, Great Britain, Greece , Guatemala, Holland, Hungary , India,
Italy, Japan, Java, Jugoslavia , Latvia, Mexico, New Zealand , Norway. Panama, Peru,
Philippines , Poland , Portugal , Roumania , Union of South Africa, Straits Settlements,
Sweden , Trinidad , Turkey , Uruguay, and Venezuela.
8e Such shipments were made to Australia , Belgium, France, and Great Britain.
912 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the International Alliance of Theatrical & Stage Employees had
claimed jurisdiction over motion-picture art directors and employees
in the art departments of the various studios and that he would not
negotiate a collective agreement with any organization until the
Board had determined with which organization or organizations he
was required to bargain. The secretary of the Society made at least
two or three other attempts to negotiate with Pat Casey. At the
hearing, it was stipulated by the parties, and we so find, that during
the time in which the secretary of the Society attempted to negotiate
with Pat Casey on behalf of the Society, Pat Casey represented each
of the Companies involved in this proceeding for the purposes of
bargaining with the Society.
We find that questions have arisen concerning representation of
employees of each of the Companies involved in this proceeding.
IV. THE EFFECT OF THE QUESTIONS OF REPRESENTATION UPON COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of each of the
Companies described in Section I above, have a close, intimate, and
substantial relation to trade, traffic, and commerce among the sev-
eral States, and tend to lead to labor disputes burdening and obstruct-
ing commerce and the free flow of commerce.
V. THE APPROPRIATE UNIT
In each of the petitions and amended petitions, the Society claims
that the appropriate bargaining unit, in the case of each Company,
consists of the art directors employed in the California studio of
such Company. At the hearing, the Society indicated that it desired
that the units be inclusive of supervisory or chief art directors, unit
art directors, and follow-up men.
All the employees in the units thus sought by the Society are eli-
gible to membership in the Society. The character of the work per-
formed by the, persons employed in the several occupational classifi-
cations is as follows :
The supervising or chief art director assigns the art directors in
his department, commonly referred to as unit art directors, to the
particular motion-picture production upon which each is to work.
He examines the drawings or sketches made by the unit ,art directors
and makes suggestions in regard thereto. -
The unit art director reads and analyzes the script of the play to
which he has been assigned, does research in connection therewith if
this is necessary, and makes small sketches of each set which is re-
quired for the production of the motion picture. The unit art
director holds conferences with other persons assigned to the par-
COLUMBIA PICTURES CORPORATION OF CALIFORNIA, LIMITED 913
ticular production such, as the producer, the unit manager, and screen
director. As a result of these conferences, the persons working upon
the production come to agreement with respect to the sets which will
be used. The art director then informs the chief draftsman at the
studio of the nature of the sets desired. The draftsman prepares
tentative plans which are examined by the art director and then re-
ferred to the sketch department. The art director and screen director
examine the sketches prepared in the sketch department and sug-
gest and make changes. Finally, when agreement is reached with
respect to the sketches, they are referred to the chief draftsman who
prepares the blue-prints.
The follow-up man acts as an assistant to the unit art director and
checks to see that the sets are properly constructed.
The Companies have not raised any objection to the units as de-
scribed in the petitions and amended petitions and as clarified at
the hearing.
We find that the following employees of the respective Companies,
namely, supervising or chief art directors, unit art directors, and
follow-up men, constitute, in the case of each Company, a unit appro-
priate for the purposes of collective bargaining, and that said units
will insure to employees of each of the Companies, respectively, the
full benefit of their right to self-organization and to collective bar-
gaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
There were introduced in evidence lists containing, in the case of
each of the Companies, the names of the employees, as of October
15, 1938, in the bargaining units which we have found to be appro-
priate.-19 In support of its claims of majority representation, the
Society submitted in evidence a list of its members prepared during
June and July 1938, in the office of the secretary of the Society.4°
The list indicates which Company employed each member whose
name appears thereon as of the time when such list was prepared.
No objection was raised to the introduction of these lists. Nor was
any question raised as to the membership in the Society of the persons
whose names appeared on such lists. It was testified without con-
tradiction, and we so find, that there were no changes in the member-
ship of the Society between June and July 1938, the time when such
list was prepared, and the date of the hearing in this proceeding.
39Erroneously , membership lists of the Society were introduced into the record as lists
of the Companies' employees and marked Board Exhibit No 30. Subsequent to the hear-
ing, all parties stipulated that the lists of the Companies might be substituted for the
documents which were marked Board Exhibit No . 30 at the hearing.
4O Petitioner Exhibit No. 3
914 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A comparison of the names on the membership list of the Society
with those appearing on the lists submitted by the Companies shows
the following with respect to each of the Companies :
Company
Number of em-
ployees in units
Names on
Society lists in
as of October
15,1938
units as of
October 15,1938
Columbia- - ------------------------------------------------------------- 8 8
RKO-------------------------------------------------------------------- 4 a
Universal- ------------------------------------------------------------- 7 2
Warner------------------------------------------------------------------ 18 8
Fox Film ---------------------------------------------------------------- 17 12
United Artists ---------------------------------------------------------- 2 1
Loew's------------------------------------------------------------------ 18 12
Paramount-------------------------------------------------------------- 10 8
Several of the names on the lists submitted by the Companies
appear in slightly different forms on the membership lists of the
Society. In each instance, however, where we have found that names
appearing in different forms on the pay roll of one of the Compa-
nies and on the Society's membership list refer to the same employee,
such difference is only of a minor character and does not cast doubt
upon the identity of the names compared.
We find that the Society has been designated and selected by a
majority of the persons employed, respectively, by Columbia Pictures
Corporation of California, Ltd., RKO Radio Pictures, Inc., Twentieth
Century-Fox Film Corporation, Loew's Incorporated, and Para-
mount Pictures, Inc., in the units found to be appropriate, as the rep-
resentatives of such persons for the purposes of collective bargaining.
It is therefore, the exclusive representative of all the employees in
such units for the purposes of collective bargaining, and we will so
certify.
The evidence, however, introduced by the Society with respect
to its membership among the persons employed by Universal Pictures
Company, Inc., Warner Bros. Pictures, Inc., and United Artists
Studio Corporation in the units which we have found to be appro-
priate does not establish that it represents a majority of the employees
in such units for the purposes of collective bargaining. Accordingly,
we find that the holding of elections by secret ballot is necessary to
resolve the questions which have arisen concerning representation of
persons employed by Universal Pictures Company, Inc., Warner
Bros. Pictures, Inc., and United Artists Studio Corporation in such
units. Those employees in the appropriate units who were employed
by the three afore-mentioned Companies during the pay-roll period
next preceding the date of the issuance of this Direction of Elections,
excluding those who have since quit or been discharged for cause,
shall be eligible to vote.
COLUMBIA PICTURES CORPORATION OF CALIFORNIA, LIMITED 915
Upon the basis of the above findings of fact and upon the entire
record in this proceeding, 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 National Labor
Relations Act.
2. The following employees of the Companies, namely, supervising
or chief art directors, unit art directors, and follow-up men, con-
stitute, in the case of each Company, a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b) of
the National Labor Relations Act.
3. The Society of Motion Picture Art Directors is the exclusive
representative of the persons employed, respectively, by Columbia
Pictures Corporation of California, Ltd., RKO Radio Pictures, Inc.,
Twentieth Century-Fox Film "Corporation, Loew's Incorporated, and
Paramount Pictures, Inc., in such units, for the purposes of collec-
tive bargaining, within the meaning of Section 9 (a) of the National
Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
AND
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
Relations Act, and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 2,
IT IS HEREBY CERTIFIED that The Society of Motion Picture Art
Directors has been designated and selected by a majority of the
persons employed as supervising or chief art directors, unit art
directors, and follow-up men by Columbia Pictures Corporation of
California, Ltd., RKO Radio Pictures, Inc., Twentieth Century-Fox
Film Corporation, Loew's Incorporated, and Paramount Pictures,
Inc., respectively, as their representatives for the purposes of col-
lective bargaining, and that, pursuant to Section 9 (a) of the Act,
The Society of Motion Picture Art Directors is the exclusive repre-
sentative, in the case of each Company, 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; and it
is hereby
916 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIREC1rED that, as part of the investigations authorized by the
Board to ascertain representatives for the purposes of collective
bargaining, elections by secret ballot shall, be conducted within
twenty (20) days from the date of this Direction of Elections, under
the direction and supervision of the Regional Director for the
Twenty-first Region, acting in the matter as agent for the National
Labor Relations Board and subject to Article III, Section 9, of
said Rules and, Regulations, among all persons who are employed
by Universal Pictures Company, Inc., Warner Bros. Pictures, Inc.,
and United Artists Studio Corporation, respectively, as supervisory
or chief art directors, unit art directors, and follow-up men, during
the pay-roll period next preceding the date of issuance of this Direc-
tion of Elections, excluding those persons who have since quit or
been discharged for cause, but including those persons who did not
work during such pay-roll period because they were ill or on vaca-
tion, and persons who were then or have since been temporarily laid
off, to determine whether or not such employees desire, in the case
of each Company, to be represented by The Society of Motion Picture
Art Directors for the purposes of collective bargaining.
Mr. WILLIAM M. LEIsERSON took no part in the consideration of
the above Decision, Certification of Representatives, and Direction of
Elections.