Republic Pictures Corp.

National Labor Relations Board - Board DecisionsNov 30, 1942

45 N.L.R.B. 923 (N.L.R.B. 1942)

In the Matter of REPUBLIC PICTURES CORPORATION and SCREEN OFFICE & PROFESSIONAL EMPLOYEES GUILD, LOCAL 109 Case No. R-4533-Decided November 30, 194 Jurisdiction : motion picture distributing industry. Investigation and Certification of Representatives : existence of question: re- fusal to recognize petitioner until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : all office, clerical, secretarial, and accounting employees at one of Company's divisions, with specified exclusions and inclusions; stipulation as to. Mr. Theodore R. Black, of New York City, for the Company. Mr. William Piehl, of New York City, for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Screen Office & Professional Employees Guild, Local 109, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Republic Pictures Corporation, New York City,.herein called the Company, the National Labor Relations Board, provided ,for an appropriate hearing upon due notice before Frederick R. Liv- ingston, Trial Examiner. Said hearing was held at New -York City on November 10, 1942. The Company and the Union appeared, par- ticipated, 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. Upon the entire record in the case, the Board makes the following : , FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Republic Pictures Corporation is a New York corporation engaged in the distribution of motion pictures throughout the United States. The Company maintains 33 branch distribution offices in 27 States. 45 N. L. R. B., No.'135. 923 924 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD We are here concerned with its New York office. where the Company performs executive, supervisory, managerial, and other similar serv- ices. The Company admits that it is engaged in -commerce within the meaning of the National Labor Relations Act. 11. THE ORGANIZATION INVOLVED Screen Office & Professional Employees Guild, Local 109, is a labor organization affiliated with the; Congress of Industrial Or- ganizations, admitting to membership employees of the Company. III. THE QUESTION , CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive rep- resentative of the Company's employees until such time as the Union 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 the- employees in the unit, hereinafter found -to be appro- priate.1 We find that a question affecting commerce has arisen concern- ing 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 UNIT We find, in accordance with a stipulation of the parties, that all office, clerical, secretarial, and accounting employees at the New York City office of the Company, including accountants, bookkeepers, comptometer operators, general clerks, office girls, receptionists, sec- retaries, stenographers, tabulation-machine operators, and typists, but excluding executives, lawyers, officers, publicists; supervisory employees, confidential secretaries to supervisory employees han- dling labor relations (including secretary to the president, secretary to the attorney in charge of labor relations, secretary to the assistant treasurer and personnel director, and secretary to the secretary and general manager), traveling auditors, and 'employees who are eligible to membership in other labor organizations,-' constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. I The Regional Director reported that the Union presented 32 membership application cards bearing apparently genuine signatures of pei sons whose names appear on the Com- pany's pay roll of October 6, 1942. There are approximately 56 employees in the appro- priate unit. 9 We interpret this phrase to mean employees covered by contracts between other labor organizations and the Company. REPUBLIC PICTURES CORPORATION 925 V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be,-,resolved by an election by secret ballot among the employees in the appropriate unit who, were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the- limitations and additions set forth in the Direction. DIRECTION OF ELECTION 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 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECIED that, as part of the investigation to ascert,ain-representa- tiyes for the purposes of collective bargaining with Republic Pictures Corporation, New York City,. an election 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 super- vision 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 10, of said Rules and- Regulations, among the employees in the unit 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 said 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 the Congress of Indus- trial Organizations, for the purposes of collective bargaining.