National Screen Service Corp.

National Labor Relations Board - Board Decisions

Jun 16, 1942

41 N.L.R.B. 1009 (N.L.R.B. 1942)

In the Matter of NATIONAL SCREEN SERVICE CORPORATION and SCREEN
OFFICE & PROFESSIONAL EMPLOYEES GUILD , LOCAL 109, AFFILIATED
wrTH UOPWA, C. I. O.
Case No. B-3918.-Decided June 16,1912
Jurisdiction : motion picture production industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board; elections
necessary.
Units Appropriate for Collective Bargaining : separate units, comprising office,
clerical, secretarial, and accounting employees, at home and exchange offices
respectively, of a motion picture producer.
Phillips, Nizer, Benjamin cfi Krim, by Mr. Arthur B. Krim, of New
York City, for the Company.
Boudin, Cohn & Glickstein, by Mr. Leonard B. Boudin, of New
York City, for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by Screen Office &
Professional Employees Guild, Local 109, affiliated with the UOPWA,
C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
National Screen Service Corporation,' New York City, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Frederick R. Livingston,
Trial Examiner. Said hearing was held at New York City on June 3,
1942. The Company and the Union appeared, participated, and were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. The Trial
Examiner's rulings made at the hearing are free from prejudicial error
and are hereby affirmed.
I National. Service Accessories Corporation was originally also named in the petition,
but its name was stricken upon motion of the Union.
41 N. L. R. B., No. 183.
463892-42-vol. 41-64 1009
1010 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
National Screen Service Corporation is a Delaware corporation
with its principal office at New York City. The Compally maintains
offices in most of the principal cities of the United States where it
is engaged in 'the production of motion picture trailers and advertis-
ing accessories. We are here concerned with its New York City
offices. During 1941 the Company purchased raw materials valued
in excess of $100,000, a substantial amount of which was purchased
by it within the State of New York. During the same period the
Company shipped finished products valued in excess of $100,000, a
substantial amount of which were produced in one State and de-
livered in other States. The Company admits that it is engaged in
,commerce within the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Screen Office & Professional Employees Guild, -Local 109, affiliated
with UOPWA, is a labor organization affiliated with the Congress
of Industrial Organizations, admitting to membership employees of
the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive repre-
sentative of its employees until such time as it is certified by the
,Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the units hereinafter found to be appropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNITS
We- find in accordance with a stipulation of the parties, that all
office, clerical , secretarial , and accounting employees of the Company
2 The Regional Director reported that the Union presented 92 membership application
cards bearing apparently genuine signatures of persons whose names appear on the
Company's pay roll of March 30, 1942 . Fifty-six of the cards bear the names of
persons in the home office unit and 36 in the New York Exchange Office unit, herein-
after found to be appropriate. There are approximately 133 employees in the home
,office unit and approximately 66 employees in the New York Exchange Office unit.
NATIONAL SCREEN SERVICE CORPORATION 1011
at its New York Exchange office and at its home office , respectively,
excluding executives , officers, travelling auditors , lawyers, supervisory
employees having the power to hire and discharge or the duty to
make recommendations concerning the hire and discharge of em-
,ployees, wage increases , or other adjustments of working conditions,
publicists , and salesmen , constitute two separate units appropriate
for the purposes of collective bargaining, within the meaning of
Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by elections by secret ballot among the em-
ployees in the appropriate units who were employed during the
pay-roll period immediately preceding the date of the Direction of
Elections herein, subject to the limitations and additions set forth
in the Direction.
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
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective - bargaining with National Screen
Service Corporation , New York City, 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 Second Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Section 9, of' said Rules and Regulations , among the
employees in the two units found appropriate in Section IV, above,
who were employed during the pay-roll period immediately preceding
the date of this Direction , including any such employees who did
not work during such pay-roll period because they were ill or on
vacation or in the active military service or training of the United
States, or temporarily laid off, but excluding any who have since
quit or been discharged for cause , to determine whether or not they
desire to be represented by Screen Office & Professional Employees
Guild, Local 109, affiliated with UOPWA, affiliated with the Congress
of Industrial Organizations , for the purposes of collective bargaining.