Paramount Pictures, Inc.

National Labor Relations Board - Board DecisionsJul 22, 1939

13 N.L.R.B. 846 (N.L.R.B. 1939)

In the Matter of PARAMOUNT PICTURES , INC. and THE SOCIETY OF MOTION PICTURE ARTISTS AND ILLUSTRATORS In the Matter Of COLUMBIA PICTURES CORPORATION OF CALIFORNIA, LTD. and THE SOCIETY OF MOTION PICTURE ARTISTS AND ILLUSTRATORS In the Matter of RKO RADIO PICTURES , INC. and THE SOCIETY OF MOTION PICTURE ARTISTS AND ILLUSTRATORS In the Matter of UNIVERSAL PICTURES COMPANY , INC. and THE SOCIETY OF MOTION PICTURE ARTISTS AND ILLUSTRATORS In the Matter of WARNER BROS. PICTURES , INC.' and THE SOCIETY OF MOTION PICTURE ARTISTS AND ILLUSTRATORS In the Matter of TWENTIETH CENTURY-FOX FILM CORPORATION and THE SOCIETY OF MOTION PICTURE ARTISTS AND ILLUSTRATORS In the Matter of LoEw' s INCORPORATED 2 and THE SOCIETY OF MOTION PICTURE ARTISTS AND ILLUSTRATORS Cases Nos. R-1060 to R-1066, inclusive, respectively.Decided July 2R, 19-39 Motion Picture Industry-Investigation of Representatives : controversy con- cerning representation of employees : refusal of employers to bargain collec- tively with Union-Unit Appropriate for Collective Bargaining: illustrators in art departments , costume illustrators, matte-shot artists, assistants to matte- shot artists, title artists, head of title departments ; no controversy as to- Representatives : comparison of employee lists with Union membership lists- Certiftcation of Representatives : in four companies upon proof of majority representation-Election Ordered: in two companies-Petition Dismissed: as to one company ; no showing that Union represented any employees. Mr. William R. Walsh, for the Board. Mr. Henry Herzbrun, Mr. Jacob H. Karp, and Mr. Gordon Hall, Jr., of Los Angeles, Calif., for Paramount. 1 The petition and the amended petition in this case refer to Warner Bros. Inc. At the hearing, it was stipulated that the correct name of the Company involved in this proceeding is Warner Bros Pictures, Inc. 2 The petition and amended petition in this case refer to Metro-Goldwyn -Mayer Corpo- ration. Subsequent to the hearing , it was stipulated by the parties that "Loew's, Incorporated as of December 31 , 1937 , took over all the assets and liabilities of Metro- Goldwyn-Mayer Corporation , and continued to operate the properties of that corporation under the name of Metro-Goldwyn -Mayer Studios, and that for the purpose of this proceeding * * * the Board may consider any and all reference to Metro-Goldwyn- Mayer Corporation or Metro-Goldwyn-Mayer Studios , or M. G. M. as referring to its successor Loew's, Incorporated." 13 N. L . R. B., No. 91. 846 PARAMOUNT PICTURES, INCORPORATED 847 Mr. Alfred Wright and Mr. Gordon Hall, Jr., of Los Angeles, Calif., for Fox Film. Loeb & Loeb, by Mr. Milton H. Schwartz and Mr. Gordon Hall, Jr., of Los Angeles, Calif., for Universal, Loew's, United Artists Studio Corporation, and Republic Productions, Inc. Freston do Files, by Mr. Clarence M. Hanson and Mr. Gordon Hall, Jr., of Los Angeles, Calif., for Warner. Mitchell, Silberberg, Roth & Knupp, by Mr. Guy Knupp and Mr. Gordon Hall, Jr., of Los Angeles, Calif., for RKO and Columbia. Mr. Victor Ford Collins, by Mr. William Manns, of Los Angeles, Calif., for Hal Roach Studios, Inc. Mr. Felix Cunningham, of Beverly Hills, Calif., for the Society. Mr. Henry W. Lehmann, of counsel to the Board. DECISION CERTIFICATION OF REPRESENTATIVES DIRECTION OF ELECTIONS AND ORDER STATEMENT OF THE CASE On July 12, 1937, and on June 15, 1938, respectively, The Society of Motion Picture Artists and Illustrators, herein called the Society, filed with the Regional Director for the Twenty-first Region (Los Angeles, California) 10 separate petitions and 10 separate amended petitions, each alleging that a question affecting commerce had arisen concerning the representation of employees of the Company named in such petition and amended petition and requesting an investigation 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 Paramount Pictures, Inc., Columbia Pictures Corporation of Cali- fornia, Ltd., RKO Radio Pictures, Inc., Universal Pictures Com- pany, Inc., Warner Bros. Pictures, Inc.,8â€¢ Twentieth Century-Fox Film Corporation, United Artists Studio Corporation, Republic Produc- tions, Inc., Hal Roach Studios, Inc., and Metro-Goldwyn-Mayer Cor- poration.4 On June 18, 1938, the National Labor Relations Board, herein called the Board, issued an order permitting the withdrawal of each of the 10 original petitions referred to hereinbefore. On June 27, 1938, the Board issued an order revoking its previous order per- mitting the withdrawal of such petitions. On July 28, 1938, the 8 See footnote 1. See footnote 2. 848 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 appropriate hearing upon due notice, and, acting pursuant to Article III, Section 10 (c) (2), of said Rules and Regulations, further ordered that, for the purposes of hearing, the cases be consolidated and that one record of the hearing be made. 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 had jurisdiction; denied that the produc- tion of motion pictures by it affected interstate commerce; denied that the relationship between itself and the persons employed by it as sketch artists, matte artists, and/or title artists affected interstate commerce; alleged that the provisions of the Act delegating to the Board the power to determine the appropriate unit were unconstitu- tional; and requested that the proceeding and the amended petition be dismissed. On August 18, 1938, the Regional Director issued a notice of hear- ing, copies of which were duly served upon each of the 10 Com- panies involved in this proceeding, upon the Society, upon the Cen- tral Labor Council, upon the Los Angeles Industrial Union Council, and upon the International Alliance of Theatrical and Stage Em- ployees, a labor organization claiming to represent employees di- rectly affected by the investigation. The United Scenic Artists, Local Union No. 621, was named in the petitions and amended petitions as also claiming to represent employees directly affected by the investi- gation. 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 notice, a hearing was held on August 30, 1938, at Los Angeles, California, before William R. Ringer, the Trial Exam- iner duly designated by the Board. The Board, each Company, and the Society were represented by counsel and participated in the hearing. At the hearing, counsel for the Board moved that the peti- tions and amended petitions involving United Artists Studio Cor- poration, Republic Productions, Inc., and Hal Roach Studios, Inc., be dismissed for the reason that each of these companies employed only one person in the unit claimed to be appropriate. No objection to this motion was raised by any party and the Trial Examiner granted the motion. We hereby affirm this ruling of the Trial Ex- PARAMOUNT. PICTURES, INCORPORATED 849 aminer.5 Counsel for the Board also 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 reconvene adjourned hearing" copies of which were duly served upon each of the Companies, upon the Society, and upon the International Alliance of Theatrical and Stage Employees. Pursuant to such notice, the hearing was resumed on October 17, 1938, 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 evi- dence bearing upon the issues was afforded all parties. Although the record is not entirely clear, counsel for the various parties apparently were in agreement that answers similar to that filed by Twentieth Century-Fox Film Corporation should be deemed to have been filed on behalf of each of the Companies. We shall con- sider the answer filed by Twentieth Century-Fox Film Corporation as equally applicable to each of the Companies. It was stipulated, and such stipulation was approved by the Trial Examiner, that the testimony of certain witnesses entered into the record in Matter of Metro-Goldwyn-Mayer Studios, and Motion Picture Producers' Ass'n. et at. and Screen Writers' Giuld, Inc.,' 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.,' 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 hearing, 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 dis- 6 See Matter of Luckenbach Steamship Company, Inc ., et al. and Gatemen, Watchmen and Miscellaneous Waterfront Workers Union, Local 38-124; International Longshore- men's Assoctation, 2 N L. R . B. 181 , 193; and Matter of Metro-Goldwyn -Mayer Studios, and Motion Picture Producers ' Assn, et al . and Screen Writers' Guild, Inc, 8 N. L. R B. 858. 67 N. L. R. B. 662. v Cases Nos. XXI-C-812 to XXI-C-821 , R-1041 to 1050. The hearing in these consolidated proceedings were held between August 28 and October 6, 1938. 850 DECISIONS OF NATIONAL LABOR RELATIONS BOARD miss 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 rulings of the Trial Examiner are hereby affirmed. There were no other rulings by the Trial Examiner on motions and objections to the admission of evidence. We hereby deny the motion to dismiss contained in the written answer filed by Twentieth Century-Fox Film Corporation as to which the Trial Examiner made no ruling. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANIES Paramount Pictures, Inc., Columbia Pictures Corporation of Cali- fornia, Ltd.,8 RKO Radio Pictures, Inc., Universal Pictures Com- pany, Inc., Warner Bros. Pictures, Inc., Twentieth Century-Fox Film Corporation, and Loew's Incorporated, all named in this proceeding, herein called the Companies, are engaged in the production of mo- tion pictures. The studios of the Companies are located in Los An- geles County, California. A. Paramount Pictures, inc., herein referred to as Paramount, is a New York corporation. During the periods of time indicated be- low, Paramount 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 28,511 ,000 positive____________ I. E. Brulatour, Inc.......... 4,768,000 negative___ 3,524,000 Canadian ___________1 }August 1, 1936 to August 1, 1937. 12 981 171 positiveSmith & Aller , Ltd___________ , , _____________12,101,323 negative_____________ 1123 000 infra-red }September 1936 to August 30, 1937. C. King Charney_____________ ______________,18,200 superpan _______________ } 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 warehouses. Agfa film is shipped to a California warehouse of Agfa and there purchased by C. King Charney in amounts determined by 8 In the record in this proceeding , references are made to Columbia Pictures Corporation. 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. PARAMOUNT PICTURES, INCORPORATED 851 the sales requirements. of that distributors Paramount also pur- chased substantial quantities of hardware from Union Hardware & Metal Company and from California Hardware Company; theatrical and drapery fabrics from Dazians, Inc.; photographic supplies from Eastman Kodak Stores, Inc. ; and Douglas fir, white and sugar pine, and hardwood from the Globe Lumber Company 10 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 subjects. During such period, it sent eight 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 such crews were sent to 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 negatives, and/or lavenders of feature-length pictures either from Los Angeles, California, or from Long Island, New York, to foreign countries 11 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 12 It shipped 7,770 prints of feature-length pictures to destinations within the United States outside of California, 220 such prints to foreign coun- tries, 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 concessionaires. Â° The information set forth herein with respect to the origin of the film purchased by Paramount likewise applies to the film purchased by the other Companies from these same distributors. 10 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 Information supplied by Paramount indicated that of $259,434 80 spent for building materials on set construction during the last fiscal year ending prior to September 30, 1937 , articles aggregating $254,592 . 51 in value, or 98 . 16 per cent of the total, were purchased from vendors located in California ; that of $10,000 spent for fabrics for drapery, draperies , and furniture covering , articles aggregating $9,630.33 in value, or 96.30 per cent of the total , were purchased from vendors located in California ; that of $56 ,799 86 spent for costumes and materials for costumes , articles aggregating $48,377 . 64 In value, or 85.17 per cent of the total , were purchased from vendors located in California ; and that it purchased all of its chemicals , amounting to $107 ,911.27 In value, from vendors located in California. u Such shipments were made to the following countries : Argentina , Australia , Austria, Belgium, Brazil , Bulgaria , Chile, China , Colombia , Cuba, Czecbo-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. 12 Such shipments were made to Australia , Belgium, France, and Great Britain. 852 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The principal offices of the distribution department are located in New York City. B. Columbia Pictures Corporation of California, Ltd., herein re- ferred 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 :1s Distributing company Type and amount of film measured in feet Period of time during which the purchases were made (68,308,000 positive------------ J. E Brulatour, Inc__________ 3,737,999 negative------------ '0 , 175,000 Canadian__________ August 1, 1936 to August 1, 1937. Smith & Aller, Ltd___________ 2,385,803 positive------------- 21,000 infra-red _________ ------- September 1936 to August 30, 1937. C. King Charney_____________ 2,064,000 superpan_ September 1, 1936 to September 1, 1937. 16,516,000 positive ____________ 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, Inc 14 During its last fiscal year ending prior to August 28, 1938,15 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- of short subjects from California to New York City for shipment to Europe. 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 foreign 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. is For the origin of the film purchased from the above -mentioned distributors, see Sub- section A of this Section and footnote 9 14 See footnote 10. ss The record does not disclose upon what dates such fiscal year of Columbia began and ended. PARAMOUNT PICTURES, INCORPORATED 853 C. 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 :16 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_____.____ Smith & Aller, Ltd___________ , _______________ 15,570,000 negative ____________ 283,495 positive __ 262,852 negative ___ }August 1, 1936 , to August 1, 1937 } 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 17 RKO also pur- chased a substantial quantity of glass from W. P. Fuller & C0.18 During its last fiscal year ending prior to August 28, 1938,19 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. Dur- ing such period, it sent six crews "on location" outside of California in connection with the filming of all or parts of certain of its pic- tures. One or more of such crews were sent to Maryland, New York, and France. During the aforesaid fiscal year, RKO shipped 43 negatives of feature-length pictures and 26 negatives of short subjects from Cali- 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 Fihn Industries, Fort Lee, New Jersey, 8,538 prints of feature- length pictures and 2,771 prints of short subjects were sent to desti- nations 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. 19 For the origin of the film purchased from the above -mentioned distributors , see Sub- section A of this Section and footnote 9. "See footnote 10. Information supplied by RICO indicates that of its purchases of fabrics for drapery, draperies , and furniture covering , $4,000 worth was bought directly in New York City, and the remainder , amounting to $15,365 .40, from concerns located in Los Angeles , California ; and that of its purchases of costumes and material for costumes, approximately $ 10,000 was bought in New York City, and the remainder , amounting to $92,425 60, in Los Angeles , California. 11 This company , located in California , obtains 85 per cent of its stock of glass from Pittsburgh , Pennsylvania 19 The record does not disclose upon what dates such fiscal year of RKO began and ended. 187930-39-vol. 13-55 854 DECISIONS OF NATIONAL LABOR RELATIONS BOARD D. Universal Pictures Corlapany, Inc., herein referred to as Univer- sal, 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.20 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.21 From July 1, 1937, to June 30, 1938, Universal spent approxi- mately $10,000,000.00 in the production of motion pictures and pro- duced 44 feature-length pictures and 20 films of short subjects. It sent one crew of three persons "on location" to Nevada and Oregon in connection with the preparation of certain of its pictures. - During the aforesaid fiscal year Universal or 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 distrib- utors 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.22 Universal and its distributors shipped a total of 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 20 For the origin of the film purchased from the above-mentioned distributor , see $uh- section A of this Section and footnote 9. 21 See footnote 10 22 This information was contained in Board Ex 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 10501 and made part of the record in this pioceedmg This exhibit states that the information contained therein is incomplete. PARAMOUNT PICTURES, INCORPORATED 855 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 Uni- versal Films, Ltd., an independent distributor; in other foreign countries, through various other corporations. E. 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: 23 Distributing company Type and amount of filmmeasured in feet Period of time during which the purchases were made 35,260,000 positive - --------___ J E Brulatom , Inc_____-____ 8,660,000 negative ------------ 1,914,000 Canadian ---________ } August 1, 1936 to August 1, 1937. (Smith & Aller , Lid___________ 1,800 positive________________ August 1, 1936 to August 1, 1937 C King Charney____________ 34,400 infra -red_______________ September 1, 1936 , toSeptember 1, 1937. During the above-mentioned fiscal year, 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 East- man Kodak Stores, Inc.,21 and glass from W. P. Fuller & Co.25 During Warner's fiscal year ending August 27, 1938, 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. 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. Pur- suant to the instructions of Vitagraph, Inc., Warner's California labo- ratories 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 ^For the origin of the film purchased from the above-mentioned distributors , see Sub- section A of this Section and footnote 9 n See footnote 10 . 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 $250 621 74 spent for costumes and,materials for costumes . articles aggiegating $5,894 . 17 in value were purchased from vendors outside of California 25 See footnote 18 856 DECISIONS OF NATIONAL LABOR RELATIONS BOARD shipped to the Australian office of Vitagraph, Inc.; and 35 prints retained by Warner at its studio in Burbank, California. Pursuant to the instructions of Vitagraph, Inc., Warner's California laboratory shipped a total of 131 negatives and/or lavenders of feature-length pic- tures 16 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 informa- tion 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 Hollywood, 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. F. 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. E. Brulatour Inc., ,Smith & Aller, Ltd., and C. King Cliarney 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__--_____ 35,096,000 positive --_-__---_-_ August 1, 1036, to August 1, 1937. Smith & Aller, I. td-____--_--_ 1,000 negative ---------------- September 1, 1936, to August 30, 1937. C. King Charney------------- 30,600 infra-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 Company; theatrical and drapery fabrics from Dazian's, Inc.; and photographic supplies from Eastman Kodak Stores, Inc.,28 and glass from W. P. Fuller & Co.'-9 During Fox Film's fiscal year 1937,30 Fox Film spent $22,846,000 "for direct and indirect cost" in the production of feature motion pictures and it 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. es Forty-seven of such duplicates and/or lavenders were sent to Canada , 31 to Australia, and 53 to England. 27 For the origin of the film purchased from the above -mentioned distributors , see Sub- section A of this Section and footnote 9. 28 See footnote 10. Information supplied by Fox Film indicated that of $1 ,480,989 10 spent for materials during 1936 , articles costing $6 , 470 were purchased outside of the State of California ^ See footnote 18 31 Fox Film ' s fiscal year 1937 corresponds to the calendar year 1937 PARAMOUNT PICTURES, INCORPORATED 857 â€¢ During the aforesaid fiscal year, Fox Film shipped 50 negatives of feature-length pictures from California to its offices in New York City. From such negatives 18,890 prints were made and shipped to various cities in the United States. In addition, Fox Films shipped a total of 172 negatives, duplicate negatives, and/or lavenders to Australia, Canada, Czecho-Slovakia, England, France, Germany, Hungary, Italy, Japan, Poland, and Roumania, 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 subjects to foreign countries. Although Fox Film produced no films of short subjects, 1,240 prints were made from negatives of short subjects which Fox Film's ex- changes, 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. G. Loew's, incorporated, herein referred to as Loew's, is a Delaware corporation. As of December 31, 1937, it took over and continued all of the producing activities of Metro-Goldwyn-Mayer Corporation, herein referred to as M. G. M.31 The facts pertaining to the produc- ing operations of Metro-Goldwyn-Mayer Corporation prior to De- cember 31, 1937, are, therefore, relevant in regard to the present activities of Loew's, Incorporated. 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 : a2 Distributing company Type and amount of filmmeasured in feet Period of time during which the purchases were made 1135,700,000 positive----------- J. E. Brulatour, Inc---------- 7,500,000 negative------------- 9,960,000 Canadian ----------. August 1, 1936 , to August 1, 1937. 19,415,623 positive .-----_-----Smith & Aller , Ltd----------- 1,056,249 negative ------------ }September 1936 to August 30, 1937. C. King Charney------------- 28,400 mfrs-red--------------- September 1, 1936, to September 1, 1937. See footnote 2. For the origin of film purchased from the above-mentioned distributors , see Sub- section A of this Section and footnote 9. 858 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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.; photo- graphic supplies from Eastman Kodak Stores, Inc., and Douglas fir, -white and sugar pine, and hardwood from the Globe Lumber Company.o3 During its last fiscal year ending prior to August 28, 1938,34 Loew's spent $32,000,000.00 in the production of motion pictures and produced 39 feature-length pictures and 67 films of short subjects, including 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. During the aforesaid fiscal year, Loew's 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 hipped a total of 129 duplicate negatives of feature-length pictures co Australia, Canada, England, and Italy, and a total of 123 nega- tives of short subjects to Australia and Canada. It shipped 12,207 prints of feature-length pictures and 13,547 prints of short subjects to destinations 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. II. THE ORGANIZATION INVOLVED The Society of Motion Picture Artists and Illustrators is an un- affiliated labor organization admitting to its membership the fol- lowing classes of employees whether employed or expecting to be employed in the motion-picture industry; illustrators in the art departments, costume illustrators, matte-shot artists, assistants to matte-shot artists, title artists, and heads of title departments. 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 these groups (the persons constituting the units claimed "See footnote 10 ' The record does not disclose upon what dates such fiscal year of Loew's began and ended PARAMOUNT PICTURES, INCORPORATED 859 by the Society to be appropriate), with the result that attempts of the Society to negotiate with employers have been interfered with." Prior to the hearing in this proceeding, a committee representing the Society conferred with one Pat Casey and his assistant, one Sulli- van, 'concerning the negotiation of a collective agreement covering the employees whom the Society claimed to represent. Casey stated to the committee that the International Alliance of Theatrical & Stage Employees had claimed jurisdiction over the classes of em- ployees on whose behalf the committee sought to bargain with him and refused to negotiate with the committee. At the hearing, it was stipulated by the parties, and we so find, that at the conferences between Pat Casey and representatives of the Society, Pat Casey represented each of the Companies involved in this proceeding, and that as representative of each such Company, he refused to negotiate with the Society concerning wages, hours, and conditions of employ- ment. The Society submitted in evidence a list of its members employed by the Companies in the units which the Society claimed as appro- priate. Although Paramount employed 13 persons in the unit which the Society claimed as appropriate with respect to that Company, the aforesaid list did not contain names of any of such employees. Nor did the Society offer any other evidence to show that it repre- sented any of the employees of Paramount. Under the circum- stances, we find that no question exists in regard to the representa- tion of employees of Paramount, and we shall accordingly dismiss without prejudice the petition and amended petition for investiga- tion and certification of Paramount Pictures, Inc. We find that questions have arisen concerning the representation of employees, respectively, of Columbia Pictures Corporation - of California, Ltd., RKO Radio Pictures, Inc., Universal Pictures Com- pany, Inc., Warner Bros. Pictures, Inc., Twentieth Century-Fox Film Corporation, and Loew's, Incorporated. 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 operation of each of the Companies described 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 UNIT In each of the petitions and amended petitions, the Society claims that the appropriate bargaining unit, in the case of each Company, 860 DECISIONS OF NATIONAL LABOR RELATIONS BOARD consists of sketch artists, matte artists, and title artists employed in the California studio of such Company. At the hearing, the Society indicated that it desired to include in this designation of the bargain- ing units assistants to matte artists and heads of title departments. It also ' appears that the term sketch artist refers to illustrators in the art departments and to costume illustrators. All the employees in the units thus sought by the Society are eligible to membership in the Society. The nature of the work per- formed by the persons employed in the several occupational classi- fications is as follows : (a) The illustrator in the art department works closely with the unit art director in charge of the designing and building of the sets on the particular motion-picture production to which both have been assigned. It is the function of the illustrator to design sets and make drawings or illustrations of his own or someone else's concep- tion of the sets. These are studied and passed upon by the producer, director, and other individuals concerned with the particular pro- duction in connection with which such illustrations are made ; (b) The costume illustrator makes illustrations in color of cos- tumes upon the basis of rough sketches given him by designers. He also offers suggestions and criticisms concernings costumes and de- signs costumes for minor characters; (c) The matte artist engages in various types of specialized pho- tography such as the making of matte shots, animations, and com- posite photographs; (d) The assistants to matte-shot artists mix colors, wash brushes, and otherwise aid the artist. They also do tracing and make simple drawings; (e) The title artist designs and paints the main titles and back- grounds used in connection therewith which introduce motion pic- tures. He also paints such titles as may appear in the body of the picture; (f) The head of the title department directs the work of the department. Subject to the approval of the executives in charge of the studio, he has authority to select persons for employment in the department and to discharge employees. 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 illustrators in the art departments, costume illus- trators, matte-shot artists, assistants to matte-shot artists, title artists, and heads of title departments employed by Columbia Pictures Cor- poration of California, Ltd., RKO Radio Pictures, Inc., Universal Pictures Company, Inc., Warner Bros. Pictures, Inc., Twentieth Century-Fox Film Corporation, and Loew's, Incorporated, respec- PARAMOUNT PICTURES , INCORPORATED 861 tively, constitute, in the case of each such Company, a unit appropri- ate for the purposes of collective bargaining, and that said units will insure to employees of each of such 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 REPRESENTA1IVES There were introduced in evidence lists containing , in the case of each of the Companies , the names of the persons employed in the bargaining units which we have found to be appropriate during the pay-roll period ending October 15, 1938.35 At the hearing , counsel for the Board produced a number of applications for membership in the Society and four sheets of paper containing the names of persons who were members of or desired to become members of the Society. It was stipulated by all parties that in lieu of such ap- plications and papers , there might be entered into the record, sub- sequent to the hearing , a typewritten list of persons who were mem- bers in the Society . The Trial Examiner approved such stipulation. The list was submitted to the Board subsequent to the hearing in this case . Pursuant to the stipulation , the list is hereby made part of the record.36 The list indicates which Company employed each member whose name appears thereon. A comparison of the names on the Society 's list with those ap- pearing on the lists submitted by the Companies shows the following with respect to each of the Companies : Company Number of em- ployees in units as of October 15,1938 Number of em- ployees in units whose names appear on Society's list Columbia -------------------------------------------------------------- 5 3 RKO----- -------------------------------------------------------------- 7 5 Universal---------------------------------------------------------------- 5 3 Warner-- --------------------------------------------------------------- 8 3 Fox Film ---------------------------------------------------------------- 24 8 Loew's------------------------------------------------------------------ 9 8 Several of the names on the lists submitted by the Companies ap- pear in slightly different forms on the lists indicating persons em- ployed in the appropriate units who desired to become or were mem- bers of the Society. In each instance, however, such differences are only of a minor character and do not cast any 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 Bd. Ex. No 3. 86 Bd. Ex. No. 2. 862 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Corporation of California, Ltd., RKO Radio Pictures, Inc., Universal Pictures Company, Inc., and Loew's, Incorporated, in the units found to be appropriate, as the representative of such employees for the pur- poses of collective bargaining. It is, therefore, the exclusive repre- sentative of all the employees in such units for the purposes of collec- tive bargaining, and we will so certify. The evidence, however, introduced by the Society with respect to its membership among the persons employed by Warner Bros. Pictures, Inc., and by Twentieth Century-Fox Film Corporation in the units which we have found to be appropriate does not support its claim 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 these two Companies in such units. Those employees in the appropriate units who were employed by the two afore-mentioned Companies dur- ing the pay-roll periods in the case of each such Company, next pre- ceding the date of the issuance of this Direction of Elections, exclud- ing those who since have quit or been discharged for cause, shall be eligible to vote. 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 Columbia Pictures Corporation of Cali- fornia, Ltd., RKO Radio Pictures, Inc., Universal Pictures Company, Inc., Warner Bros. Pictures, Inc., Twentieth Century-Fox Film Corpo- ration, and Loew's, Incorporated, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. Illustrators in the art departments, costume illustrators, matte- shot artists, assistants to matte-shot artists, title artists, and heads of title departments, employed by Columbia Pictures Corporation of Cali- fornia, Ltd., RKO Radio Pictures, Inc., Universal Pictures Company, Inc., Warner Bros. Pictures, Inc., Twentieth Century-Fox Film Corpo- ration, and Loew's, Incorporated, respectively, constitute, in the case of each such Company, a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (c) of the National Labor Relations Act. 3. The Society of Motion Picture Artists and Illustrators is the exclusive representative of the persons employed, respectively, by Columbia Pictures Corporation of California, Ltd., RKO Radio Pic- tures, Inc., Universal Pictures Company, Inc., and Loew's, Incorpo- rated, in such units for the purposes of collective bargaining, within the meaning of Section 9 (a) of the National Labor Relations Act. PARAMOUNT PICTURES, INCORPORATED 863 4. No question has arisen concerning representation, of ,the em- ployees of Paramount Pictures, Inc., within the meaning of Section 9 (c) 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 Re- lations 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 Artists and Illustrators has been designated and selected by a majority of the persons employed as illustrators in the art departments, costume illus- trators, matte-shot artists, assistants to matte-shot artists, title artists, and heads of title departments by Columbia Pictures Corporation of California, Ltd., RKO Radio Pictures, Inc., Universal Pictures Com- pany, Inc., and Loew's, Incorporated, respectively, as their representa- tive for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, The Society of Motion Picture Artists and Illustrators is the exclusive representative, in the case of each Com- pany, 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 DIRECTED that, as part of the investigations authorized by the Board to ascertain representatives for the purposes of collective bar- gaining, elections by secret ballot shah 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 this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among all persons who are employed by Warner Bros. Pictures, Inc., and Twentieth Century-Fox Film Corporation, respectively, as illustrators in the art departments, costume illus- trators, matte-shot artists, assistants to matte-shot artists, title ar- tists, and heads of title departments, during the pay-roll period next preceding the date of issuance of this Direction of Elections, exclud- ing 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 vacation, 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 Artists and Illustra- tors for the purposes of collective bargaining. 864 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ORDER By virtue of Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of Na- tional Labor Relations Board Rules and Regulations-Series 2, IT IS HEREBY ORDERED that the petition for investigation and certi- fication of representatives of employees of Paramount Pictures, Inc., filed by The Society of Motion Picture Artists and Illustrators, be, and it hereby is, dismissed. MR. WILLIAM M. LEISERSON took no part in the consideration of the above Decision, Certification of Representatives, Direction of Elec- tions, and Order.