RKO Radio Pictures, Inc.,

National Labor Relations Board - Board Decisions

Jul 22, 1939

13 N.L.R.B. 876 (N.L.R.B. 1939)

In the Matter of RKO RADIO PICTURES, INC., Ass'N. OF MOTION PIC-
TURE PRODUCERS , INC., MOTION PICTURE PRODUCERS AND DISTRIBUTORS
OF AMERICA, INC., AND PAT CASEY and SCREEN PUBLICISTS' GUILD
In the Matter Of COLUMBIA PICTURES CORPORATION OF CALIFORNIA,
LTD., ASS'N, OF MOTION PICTURE PRODUCERS, INC., MOTION PICTURE
PRODUCERS AND DISTRIBUTORS OF AMERICA , AND PAT CASEY and,
SCREEN PUBLICISTS' GUILD
In the Matter Of UNIVERSAL PICTURES CQ., INC., ASS'N. OF MOTION
PICTURE PRODUCERS, INC., MOTION PICTURE PRODUCERS AND DIS-
TRIBUTORS OF AMERICA, INC., AND PAT CASEY and SCREEN PUBLI-
CISTS' GUILD
In the Matter of LoEw's INCORPORATED, ASS'N. OF MOTION PICTURE
PRODUCERS, INC., MOTION PICTURE PRODUCERS AND DISTRIBUTORS OF
AMERICA, AND PAT CASEY and SCREEN PUBLICISTS' GUILD
In the Matter of TWENTIETH CENTURY-FOX FILM CORP., ASS'N. OF
MOTION PICTURE PRODUCERS, INC., MOTION PICTURE PRODUCERS AND
DISTRIBUTORS OF AMERICA, AND PAT CASEY and SCREEN PUBLICISTS'
GUILD
In the Matter,of PARAMOUNT PICTURES, INC., ASS'N. OF MOTION PIC-
TURE PRODUCERS, INC., MOTION PICTURE PRODUCERS AND DISTRIBUTORS
OF AMERICA, AND PAT CASEY and SCREEN PUBLICISTS' GUILD
In the Matter Of WARNER BROTHERS PICTURES , INC., ASS'N. OF MOTION
PICTURE PRODUCERS , INC., MOTION PICTURE PRODUCERS AND DIS-
TRIBUTORS OF AMERICA, AND PAT CASEY and SCREEN PUBLICISTS'
GUILD
In the Matter of HAL ROACH STUDIOS, INC., ASS'N. OF MOTION PIC-
TURE PRODUCERS , INC., MOTION PICTURE PRODUCERS AND DISTRIBU-
TORS OF AMERICA, AND PAT CASEY and, SCREEN PUBLICISTS' GUILD
In the Matter of SELZNICK INTERNATIONAL PICTURES , INC., ASS'N. OF
MOTION PICTURE PRODUCERS , INC., MOTION PICTURE PRODUCERS AND
DISTRIBUTORS OF AMERICA, AND PAT CASEY and SCREEN PUBLICISTS'
GUILD
In the Matter Of PRINCIPAL PRODUCTIONS, INC., ASSN. OF MOTION
PICTURE PRODUCERS, INC., MOTION PICTURE PRODUCERS AND DIS-
TRIBUTORS OF AMERICA, AND PAT CASEY and SCREEN PUBLICISTS'
GUILD
13 N. L. R. B., No. 93. _
876
RICO RADIO PICTURES, INCORPORATED 877
In the Matter Of SADIUEL GOLDWYN, INC., LTD., ASSN. OF MOTION
PICTURE PRODUCERS, INC., MOTION PICTURE PRODUCERS AND DIs-
TRIBUTORS OF AMERICA, AND PAT CASEY and SCREEN PUBLICISTS'
GUILD
Cases Nos. R-1071 to R-1081, inclusive, respectively,
Decided July 22, 1939
Motaon Picture Indust', y-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:
employees engaged in advertising , publicity, or exploitation work in the pub-
licity departments and including employees in advertising departments engaged
in advertising work in Los Angeles County, California , but excluding directors
and assistant directors of the publicity departments ; no controversy as to-
Representatives: comparison of employee lists with union petition s-Certif ea-
tion of Representatives : in nine companies upon proof of majority representa-
tion-Investigation of Representatives: petitions as to two companies dismissed
where only one person in the appropriate unit.
Mr. William R. Walsh, for the Board.
Mitchell, Silberberg, Roth cC Knupp, by Mr. Guy Kniupp and Mr.
Gordon Hall, Jr., of Los Angeles, Calif., for RKO and Columbia.
Loeb h Loeb, by Mr. Milton H. Schwartz and Mr. Gordon Hall, Jr.,
of Los Angeles, Calif., for Universal, Loew's, and Goldwyn.
Mr. Alfred Wright and Mr. Gordon Hall, Jr., of Los Angeles,
Calif., for Fox Film.
Freston and Files, by Mr. Clarence M. Hanson and Mr. Gordon
Hall, Jr., of Los Angeles, Calif., for Warner.
Mr. Victor Ford Collins, Mr. William Manns, and Mr. Gordon Hall,
Jr., of Los Angeles, Calif., for Hal Roach Studios.
Mr. Loyd _Wright, Mr. Richard M. Goldwater, and Mr. Gordon
Hall, Jr., of Los Angeles, Calif., for Selznick.
Swarts and Tannenbaum, by Mr. Seymour P. Steinberg and Mr.
Gordon Hall, Jr., of Los Angeles, Calif., for Principal Productions,
Inc.
Mr. Henry Herzbrun and Mr. Jacob H. Karp, by Mr. Gordon Hall,
Jr., of Los Angeles, Calif., for Paramount.
Mr. James S. Howie and Mr. Gordon Hall, Jr., of Los Angeles,
Calif., for the A. M. P. P. and Pat Casey.
Mr. George E. Bodle, of Los Angeles, Calif., for the Guild.
Mr. Henry W. Lehmann, of counsel to the Board.
878 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DECISION
CERTIFICATION OF REPRESENTATIVES
AND
ORDER
STATEMENT OF THE CASE
On April 14, 1938, the Screen Publicists' Guild, herein called the
Guild, filed with the Regional Director for the Twenty-first Region
(Los Angeles, California) eight separate petitions each alleging that
a question affecting commerce had arisen concerning the representa-
tion of persons employed in the publicity department of the Company
named in such petition and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. The Com-
panies named in the petitions are RKO Radio Pictures, Inc. ; Colum-
bia Pictures Corporation, Ltd.; Universal Pictures Company, Inc.;
Metro-Goldwyn-Mayer Corporation ; Twentieth Century-Fox Film
Corporation; Paramount Pictures, Inc.; Warner Brothers Pictures,
Inc. ; and Hal Roach Studios, Inc. The Association of Motion Pic-
ture Producers, Inc., herein called the A. M. P. P., the Motion Picture
Producers and Distributors of America, Inc., herein called the M. P.
P. D., and Pat Casey are also named as employers in each of these
petitions. On August 14, 1938, the Guild filed three similar petitions
relative to persons employed in the publicity departments of Selznick
International Pictures, Inc., Principal Productions, Inc., and Samuel
Goldwyn, Inc., Ltd., each of such petitions also naming the A. M.
P. P., the M. P. P. D., and Pat Casey as employers. On August 24,
1938, the Guild filed amended petitions in two of the afore-mentioned
cases changing the names of the companies appearing on such peti-
tions from Columbia Pictures Corporation, Ltd., to Columbia Pictures
Corporation of California, Ltd., and from Metro-Goldwyn-Mayer
Corporation to Loew's, Incorporated.
On September 10, 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
Regulations-Series 1, as amended, ordered investigations and au-
thorized the Regional Director to conduct 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 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 any question had arisen concern-
RKO RADIO PICTURES, INCORPORATED 879
ing the representation of persons employed in its publicity depart-
ment ; denied that the production of motion pictures by it affected
interstate commerce; denied that the relationship between itself and
persons employed in its publicity department 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 petition be dismissed.
The A. M. P. P. and the M. P. P. D. filed motions to dismiss wherein
each organization alleged, among other things, that it was a mem-
bership corporation; that it was not engaged in the production of
motion pictures; and that it did not employ any of the persons de-
scribed in the original or amended petitions herein as being included
within the appropriate bargaining unit. In addition, Pat Casey filed
a motion to dismiss wherein he alleged that he was not engaged in the
production or distribution of motion pictures; that he did not employ
any of the persons described in the original or amended petitions
as being included within the appropriate bargaining unit; and that
he has not been engaged by any of the parties involved in this con-
solidated proceeding to employ on their behalf any persons for the
production of motion pictures.
On September 14, 1938, the Regional Director issued a notice of
hearing copies of which were duly served upon each of the Com-
panies involved in these proceedings, upon the A. M. P. P., upon the
M. P. P. D., upon Pat Casey, and upon the Guild. Subsequently,
on September 20, 1938, a copy of such notice was served upon the
International Alliance of Theatrical and Stage Employees. Pursu-
ant to the notices, a hearing was held on September 22, 1938, at Los
Angeles, California, before William R. Ringer, the Trial Examiner
duly designated by the Board. Appearances were entered upon be-
half of the Board, each Company involved herein, the A. M. P. P.,
Pat Casey, and the Guild. 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 these proceedings, upon the
A. M. P. P., upon the M. P. P. D., upon Pat Casey, and upon the
Guild. Subsequently, on October 14, 1938, a copy of such notice was
served upon the International Alliance of Theatrical and Stage Em-
ployees. Pursuant to the notices, the hearing was resumed on Octo-
ber 20, 1937, at Los Angeles, California, before William R. Ringer,
the Trial Examiner previously designated by the Board to conduct
the hearing in these proceedings. The Board, each Company, the
A. M. P. P., Pat Casey, and the Guild were represented by counsel
880 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence
bearing upon the issues was afforded all parties.
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, of the A. Al. P. P., and
of the M. P. P. D. It was also stipulated, and such stipulation was
approved by the Trial Examiner, that the testimony of certain
witnesses entered into the record in Matter of' Metro-Gol",yn-
Mayer Studios, and Motion Picture Producers' Ass'n. et al. and
Screen Writers' Guild, Inc.,' and all objections and motions therein
related thereto, such testimony, objections, and motions also appear-
ing as Board Exhibits Nos. 61 and 62 in certain other consolidated
proceedings before the Board entitled Matter of Columbia Pictures
Corporation of California, Ltd., et al. and Screen Director's Guild,
Inc.,2 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.
It was further stipulated that at the time of the hearing in this
proceeding, Principal Productions, Inc., employed only one person
in its publicity department and that this person Wass not eligible to
membership in the Guild. No evidence was introduced at the hear-
ing relative to this Company. The petition involving Principal
Productions, Inc., will, therefore, be dismissed. At the close of the
hearing, the Trial Examiner granted written motions which had
been filed in the proceeding requesting that the petitions in so far
as they relate to the A. Al. P. P., the Al. P. P. D., and Pat Casey be
dismissed. It was stipulated at the hearing that these parties did
not employ any persons described in the petitions as being included
within the bargaining units. No evidence was introduced at the
hearing relative to these parties. This ruling of the Trial Examiner
dismissing the petitions in so far as they relate to the A. Al. P. P.,
the Al. P. P. D., and Pat Casey is, therefore, hereby affirmed.
After the introduction of evidence relative to the business of the
Companies and the jurisdiction of the Board, counsel for the Com-
panies objected to the introduction of any further evidence. At the
close of the hearing, counsel for the Companies presented a motion to
dismiss the entire proceeding. The reasons advanced on behalf of
such objection and motion to dismiss are substantially similar to
those contained in the written answer and motion to dismiss filed
by the Twentieth Century-Fox Film Corporation. The Trial Ex-
17 N. L. R. B. 662.
2 Cases Nos . XXI-C-812 to XXI-C-821, R-1041 to R-1050 The bearing in this con-
solidated proceeding was held between August 28 and October 6, 1938.
RKO RADIO PICTURES, INCORPORATED 881
aminer overruled both the objection to the introduction of
evidence and the motion to dismiss. These rulings of the
Trial Examiner are hereby affirmed. During the course of the hear-
ing, the Trial Examiner made one ruling on an objection to the
admission of certain evidence. The Board has reviewed this ruling
of the Trial Examiner and finds that no prejudicial error was com-
mitted. The ruling is hereby affirmed. We hereby deny the motion
to dismiss contained in the written answer filed by Twentieth Cen-
tury-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
I. THE BUSINESS OF THE COMPANIES
RKO Radio Pictures , Inc., Columbia Pictures Corporation of Cali-
fornia , Ltd.,3 Universal Pictures Company, Inc., Loew's , Incorpo-
rated ,4 Twentieth Century-Fox Film Corporation , Paramount Pic-
tures, Inc., Warner Brothers Pictures , Inc., Hal Roach Studios, Inc.,
Selznick International Pictures , Inc., and Samuel Goldwyn, Inc.,
Ltd., all named in this proceeding , herein called the Companies, are
engaged in the production of motion pictures . The studios of the
Companies are located in Los Angeles County , California.
A. RICO 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 :
Distributing company Type and amount of filmmeasured in feet
Period of time during which the pur-
chases were made
J. E Brulatour , Inc__________ 355, 000 positive ______________115,570,000 negative_____________ }August 1, 1936 , to August 1, 1937.
Smith & Aller Ltd __ 17,283,498 positive ____________ }September 1936 to August 30 1937_______, __ 11262,852 negative ______________ , , .
C King Charney___ __________ 23,395 infra-red _______________ September 1, 1936, to September 1, 1937.
3In 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 refer-
ence 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.
4In several instances , the record herein refers to Metro-Goldwyn-Mayer Corporation,
Metro -Goldwyn -Mayer Studios, or M. G. M. 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 purposes of this proceeding . the Board may consider any and all refer-
ence to Metro -Goldwyn-Mayer Corporation or Metro -Goldwyn-Mayer Studies, or M. G. M. as
referring to its successor Loew's, Incorporated."
882 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
manufactured in Binghamton, New York. Both J. E. Brulatour,
Inc., and Smith & Aller, Ltd., carry inventories of film in their Cali-
fornia warehouses. Agfa film is shipped to a California warehouse
of Agfa and there purchased by C. King Charney in amounts de-
termined by the sales requirements of that distributor.5
RKO also purchased substantial quantities of hardware from
Union Hardware & Metal Company and from California Hardware
Company; theatrical and drapery fabrics from Dazian's, Inc.; glass
from W. P. Fuller & Co.; and photographic supplies from Eastman
Kodak Stores, Inc.6
During its last fiscal year ending prior to August 28, 1938,7 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 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
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 Con-
solidated Film Industries, Fort Lee, New Jersey, 8,538 prints of the
feature-length pictures and 2,771 prints of the 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.
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.
5 The information set forth herein with respect to the origin of the film purchased by
RKO likewise applies to the film purchased by the other Companies from these same
distributors
6 Although the said companies are located in California , they obtain all or a substantial
part of their stock of the articles mentioned from sources outside of California.
The record does not disclose upon what dates such fiscal year of RKO began and ended.
RICO RADIO PICTURES, INCORPORATED 883
Brulatour, Inc., Smith & Aller, Ltd., and C. King Charney in the
following amounts : 8
Distributing company Type and amount of film
measured in feet
Period of time during which the purchases
were made
J. E. Brulatour , Inc.......... 68,308,000 positive ____________3,737,000 negative _____________ }August 1, 1936, to August 1, 1037.
Smith & Aller, Ltd___________
10,175,000 Canadian ----------
2,385,803 positive _____________
21,000 infra-red ---------------
IJJJ 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 Dazians, Inc.; and
photographic supplies from Eastman Kodak Stores, Inc.9
During its last fiscal year ending prior to August 28, 1938,10 Colum-
bia spent $9,127,422.41 in the production of motion pictures and
produced 34 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 negatives 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 destinations 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 Pic-
tures Corporation has its principal offices in New York City.
C. Universal Pictures Company, Inc., herein referred to as Uni-
versal, is a Delaware corporation. During its fiscal year ending Sep-
tember 30, 1937, Universal purchased film amounting to $200,000 in
value from J. E. Brulatour, Inc. 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 in-
8 See footnote 5.
0 See footnote 6.
10 The record does not disclose upon what dates such fiscal year of Columbia began and
ended.
884 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
fra-red film from C. King Charney 11 Universal also purchased sub-
stantial 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.12
From July 1, 1937, to June 30, 1938, Universal spent approximately
$10,100,000.00 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 connec-
tion with the preparation of one 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 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, and 1,147 in England.13
Universal and its distributors shipped a total of 57 negatives, dupli-
cate 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 distributed 6,891 prints of feature-
length pictures to destinations within the United States. Further,
Universal and its distributors shipped 1,990 prints of short subjects
from New York City to various destinations in the United States,
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 subjects 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 Uni-
versal Films, Ltd., an independent distributor; in other foreign
countries, through various other corporations.
11 See footnote 5.
' See footnote 6.
13 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., at al. and
Screen Directors ' Guild, Inc. (Cases Nos XXI-C-812 to XXI-C-821, R-1041 to 1050),
and made part of the hearing in this proceeding This exhibit states that this data is
incomplete.
RKO RADIO PICTURES, INCORPORATED 885
D. Loew's, Incorporated, herein referred to as Loew's, is a Dela-
ware corporation. As of December 31, 1937, it took over and con-
tinued all of the producing activities of the Metro-Goldwyn-Mayer
Corporation, herein referred to as M. G. M.14 The facts pertaining
to the producing operations of the Metro-Goldwyn-Mayer Corpora-
tion prior to December 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 : 15
Distributing company
Type and amount of film
measured in feet
Period of time during which the purchases
were made
155,700,000 positive___________
J. E. Brulatour , Inc__________
LtdSmith & Aller
{17,500,000 negative --------____
9,960,000 Canadian ___________
c19,415,623 positive ____________
}August 1, 1936, to August 1, 1937.
}September 1936, to August 30, 1937.___________,
C. King Charney_____________
11,056,249 negative_____________
28,400 infra-red _______________ 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.1e M. G. M.
also purchased a substantial quantity of Douglas fir, white and sugar
pine, and hardwood from the Globe Lumber Company 17
During its last fiscal year ending prior to August 28, 1938,11
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 shipped a
total of 129 duplicate negatives of feature-length pictures to Aus-
14 See footnote 4.
16 See footnote 5.
11 See footnote 6.
"This company obtains 75 per cent or more of its stock of each of the articles men-
tioned from sources outside of California.
1s The record does not disclose upon what dates such fiscal year of Loew 's began and
ended.
187930-39-vol. 13--57
886 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 desti-
nations 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.
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. E. Brulatour,
Inc., Smith & Aller, Ltd., and C. King Charney in the following
amounts :19
Distributing company Type and amount of filmmeasured in feet
Period of time during which the purchases
were made
7. E Brulatour , Inc__________ 5,096,000 positive------------1370, 0001 negative____________8
}August 1, 1936, to August 1, 1937.
Smith & Aller , Ltd___________ 1,000 negative________________ September 1, 1936, to August 30, 1937.
C. Kins 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.; glass
from W. P. Fuller & Co.; and photographic supplies from Eastman
Kodak Stores, Inc.20
During Fox Film's fiscal year 1937,21 Fox. Film spent $22,846,000.00
"for direct and indirect cost" 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
connection with the filming of all or parts of certain of its motion
pictures. 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. From such negatives, 18,890 prints were made and distrib-
uted through Fox Film's exchanges located in various cities in the
United States. In addition, Fox Film shipped a total of 172 nega-
tives, duplicate negatives, and/or lavenders to Australia, Canada,
Czechoslovakia, England, France, Germany, Hungary, Italy, Japan,
Poland, and Rumania, 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
19 See footnote 5.
20 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.
1 Fox Film 's fiscal year 1937 corresponds to the calendar year 1937.
RKO RADIO PICTURES, INCORPORATED 887
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 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. 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 : 22
Distributing company
Type and amount of film
measured in feet
Period of time during which the purchases
were made
128,511,000 positive - -------____
J. E. Brulatour, Inc__________ {4,768,000 negative ____________ August 1, 1936 , to August 1, 1937.
13,524,000 Canadian
-----------
Smith & Aller, Ltd______._-__ f
2,961,171 positive _____________
12101 ,323 negative ____________ }September 1936, to August 30, 1937.
C. King Charney_____________ f 123,000 infra -red______________8,200 superpan_______________ }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.;
photographic supplies from Eastman Kodak Stores, Inc.; 28 and
Douglas fir, white and sugar pine, and hardwood from the Globe
Lumber Company.24
During its fiscal year, ending January 1, 1938, Paramount spent
$25,752,766.00 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
zz See footnote 5.
ss See footnote 6.
24 Information supplied by Paramount indicates that of $259,434.80 spent for building
materials on set construction during the last fiscal year ending prior to September 30, 1933,
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.
I
888 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
connection with the filming of all or parts of certain of its motion
pictures. 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 nega-
tives, and/or lavenders of feature-length pictures either from Los
Angeles, California, or from Long Island, New York, to foreign
countries 25 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 from which 2,712 prints
were made.2e 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.
G. 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 : 27
Distributing company Type and amount of filmmeasured in feet
Period of time during which the pur.
chases were made
35,760,000 positive .-----------
J. R. Brulatour , Inc.--------- 8,660,000 negative-------------
1,914.000 Canadian -----------
August 1, 1936. to August 1, 1937.
Smith & Aller , Ltd ---------- 1,800 positive----------------- September 1936, to August 30. 1937.
C. King Charney------------- 34,400intra-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 Dazians, Inc.; glass
25 Such shipments were made to the following countries : Argentina , Australia , Austria,
Belgium , Brazil , Bulgaria, Chile , China, Colombia, Cuba, Czechoslovakia , 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 , Rumania, Union of South Africa, Straits Settlements,
Sweden, Trinidad , Turkey, Uruguay , and Venezuela. -
26 Such shipments were made to Australia , Belgium, France , and Great Britain.
27 See footnote 5.
RKO RADIO PICTURES, INCORPORATED 889
from W. P. Fuller & Co.; and photographic supplies from Eastman
Kodak Stores, Inc.
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.
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 An-
geles 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 Aus-
tralian 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 pictures ' 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 Hollywood,
California. A total of 700 prints of short subjects were made. Pur-
suant 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.
H. Hal Roach Studios, Inc., herein referred to as Hal Roach Studios,
is a California corporation. Hall Roach Studios has approximately
300 employees on its pay roll. From September 1, 1936, to August
31, 1937, Hal Roach Studios purchased 2,670,000 feet of positive film
and 1,000,000 feet of negative from J. E. Brulatour, Inc a° Hal Roach
29 See footnote 6. 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 aggregating $5,894.17 in value were purchased from
vendors outside of California.
° Poi ty-seven of such duplicates and/or lavenders were sent to Canada , 31 to Australia.
and 53 to England.
$'See footnote 5.
890 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Studios also 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 ."
During the fiscal year ending August 31, 1937, Hal Roach Studios
spent $3,126,784.98 in the production of motion pictures and produced
5 feature-length films and 12 films of short subjects. During this
period, 12 negatives and approximately 2,000 prints of short subjects
were shipped out of California. Between August 1, 1936, and August
1, 1937, 3,690 prints of its feature-length pictures were made. Of
these, 129 were distributed through an exchange in Los Angeles, Cali-
fornia, 226 in foreign countries, and the remaining 3,335 in States of
the United States other than California. Pictures produced by Hal
Roach Studios are distributed by United Artists Corporation which
receives a percentage of the gross receipts obtained from such
distribution.
I. Selznick International Pictures, Inc., herein referred to as Selz-
nick Pictures, is a Delaware corporation, having its studios in Culver
City, California. Information contained in the record in Matter of
Metro-Goldwyn-Mayer Studios, and Motion Picture Producers Ass'n,
et al. and Screen Writers' Guild, Inc.,32 indicates that Selznick Pic-
tures rents the greater part of its equipment from RKO Radio
Pictures, Inc., at the rate of $125,000 per year; that it subleases 40
acres of land from RKO Radio Pictures, Inc., at a rental of $4,292.50
per year; and that it owns equipment valued at about $115,000. Dur-
ing the periods of time indicated below, Selznick Pictures purchased
film from J. E. Brulatour, Inc., Smith & Aller, Ltd., and C. King
Charney in the following amounts : 88
Distributing company Type and amount of filmmeasured in feet
Period of time during which the purchases
were made
J363 000 positiveI. E. Brulatour , Inc ---------- , ---------------164,000 negative ---------------
f156,000 positive ---------------
}August 1, 1936, to August 1, 1937.
Smith & Aller, Ltd ----------- (1,000 negative---------------- }September 1936, to August 30, 1937.
C. King Chamey ------------- 800inira-red ----------------- September 1, 1936, to September 1, 1937.
Selznick Pictures also purchased substantial quantities of hardware
from Union Hardware & Metal Company and from California Hard-
ware Company; and theatrical and drapery fabrics from Dazian's,
Inc.84
81 See footnote 26.
82 See supra, footnote 1.
81 See footnote 5.
u See footnote 6.
RKO RADIO PICTURES, INCORPORATED 891
During Selznick Pictures' last fiscal year ending prior to August 28,
1938 ,35 Selznick Pictures spent $4,559,338.20 in the production of
motion pictures and completed three feature-length pictures and
partly completed a fourth picture. In connection with the prepara-
tion of one picture, it sent one crew to New York. During the afore-
said fiscal year, Selznick Pictures or its distributors shipped 550
prints of feature-length pictures to destinations within the United
States outside of California, 309 such prints to foreign countries, and
7 duplicate prints to London, England, from which 167 prints were
made.
Selznick Pictures delivers 236 English-speaking release prints of
each picture which it produces to United Artists Corporation at a
laboratory selected by Selznick Pictures. Such laboratory may be
located either in California or outside thereof. United Artists Cor-
poration orders the laboratory to ship the prints to its exchanges
throughout the United States. It distributes the pictures produced
by Selznick Pictures throughout the world and receives a percentage
,of the gross receipts obtained from such distribution.,
J. Samuel Goldwyn, Inc., Ltd., herein referred to as Goldwyn, is
a California corporation. It has a subsidiary, United Artists Studio
Corporation, from which it rents equipment. During the periods
of time indicated below, Goldwyn purchased film from J. E. Brula-
tour, Inc., Smith & Aller, Ltd., and C. King Charney in the follow-
ing amounts : as
Distributing company Type
and amount of film
measured in feet
Period of time during which the purchases
were made
S. 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.
Goldwyn also purchased photographic supplies from Eastman Kodak
.Stores , Inc.37
During Goldwyn's last fiscal year ending prior to August 28, 1938,sa
Goldwyn spent $4,476,874.83 in the production of motion pictures and
produced three feature-length pictures. During such period, Gold-
wyn or its distributor shipped 10 negatives from California to New
York. One thousand three hundred and fifty-one prints were made
from these negatives before they were sent from California. Gold-
wyn or its distributor also shipped a, total of 9 negatives, duplicate
negatives, and/or lavenders of feature-length pictures and 264 prints
es The record does not disclose upon what dates such fiscal year of Selznick Pictures
'began and ended.
86 See footnote 5.
e7 See footnote 6.
81 The record does not disclose upon what dates such fiscal year of Goldwyn began and
-ended.
892 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of feature-length pictures from California to foreign countries,3'
and 1,087 prints of feature-length pictures from California to desti-
nations in the United States outside of California.
Pictures produced by Goldwyn are distributed by United Artists,
Corporation which receives a percentage of the revenues obtained
from exhibition rentals.
II. THE ORGANIZATION INVOLVED
The Screen Publicists' Guild is an unaffiliated labor organization
admitting to its membership any person regularly and currently em-
ployed in a West Coast motion-picture studio to create or to dissem-
inate publicity, advertising, or exploitation matter, exclusive of the,
directors and assistant directors of the publicity departments of any
such motion-picture studios.
III. THE QUESTIONS CONCERNING REPRESENTATION
On December 17, 1937, the Guild sent registered letters to Columbia
Pictures Corporation, Grand National Studios, Inc., Walt Disney
Studios, Warner Brothers Pictures, Inc., Paramount Pictures, Major
Pictures Corporation, Selznick International Pictures, Inc., Universal
Pictures Company, Inc., Metro-Goldwyn-Mayer Studios, Sam Gold-
wyn, Inc., Ltd., Twentieth Century-Fox Film Corporation, and Prin-
cipal Productions, Inc., requesting a conference to discuss recognition
of the Guild and to negotiate a contract between the Guild and the
afore-mentioned producers. On December 20, 1937, the secretary
of the Guild received replies from Paramount Pictures and Samuel
Goldwyn, Inc., Ltd., advising the Guild that its request for a con,
ference had been referred to the office of one Pat Casey who was
authorized to represent them in the negotiations requested by the
Guild. On January 18, 1938, the Guild sent a letter to Pat Casey
requesting a conference at a date not later than January 18, 1938.
On the following day, one Victor H. Clarke of Pat Casey's office
wrote a letter to the president and secretary of the Guild advising
them that Pat Casey was then absent from Hollywood and that they
should arrange an appointment with him on his return.
Subsequently, on February 16, 1938, officers of the Guild conferred
with Casey and Clarke concerning recognition of the Guild and
negotiation of a collective agreement. When the officers of the Guild
offered to prove to Casey that the Guild represented a majority of
the persons employed in the publicity departments of the different
studios, Casey replied that at this time, he did not question the
as Of the nine negatives , duplicate negatives , and/or lavenders sent to foreign countries,
four were sent to Australia , three to France, one to London, England , and one to Italy..
RKO RADIO PICTURES, INCORPORATED 893
Guild's claim with respect to its authority to represent such employees
of the different studios. He further stated that he would have to
consult with representatives of the different studios concerning the
proposed collective agreement. At the close of the meeting, Casey
assured the Guild officers that he would confer with them again
within 2 weeks. Thereafter, counsel for the Guild telephoned several
times to Casey's office to arrange another meeting with Casey. On
each occasion he spoke with Clarke, who, at different times, told him
that another meeting could not be arranged until Casey had con-
ferred with the studio managers; that the matter of negotiating with
the Guild had been referred to the attorneys of the different studios;
and that the entire matter was within the jurisdiction of the publicity
departments of the studios. Finally, on March 23, 1938, Clarke told
counsel for the Guild that producers whom Casey represented would
not bargain collectively with the Guild until it had been certified by
the National Labor Relations Board as the exclusive bargaining
agency of the persons employed in the publicity departments of each
of the different studios.
At the hearing, it was stipulated by all the parties, and we so find,
that prior to the meeting of February 16, 1938, each of the Companies
involved in this proceeding authorized Pat Casey to negotiate on
behalf of it with the Guild.
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 CONCERNING 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 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 Guild claims
that the appropriate bargaining unit with respect to the particular
company consists of "employees of the Publicity Department engaged
in advertising, publicity, or exploitation work, including without
limitation unit men, feature writers, planters, contact men, art and
copy editors, and trailer men, but excluding the Director and Assist-
ant Director of the Publicity Department." At the hearing, it
appeared that in addition to the above-mentioned occupational classi-
894 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
fications, the Guild intended to include in the appropriate units:
advertising men employed in Los Angeles County, California, by
certain of the Companies in advertising departments.
All the employees in the units thus sought by the Guild are-
eligible to membership in the Guild. The character of the work
performed by the persons employed in the several occupational class-
ifications is as follows :
(a) The unit man is assigned to publicize particular motion pic-
tures and the actors and actresses who have played roles therein..
The unit man writes copy and arranges interviews to publicize the-
subjects to which he is assigned;
(b) The feature writer writes feature articles based upon leads and,
stories which he has obtained. He is not assigned to particular-
pictures;
(c) The planter gives the copy prepared by the unit man to the
newspaper and magazine correspondents who may desire such material.
The term "contact man" is practically synonymous with the term
"planter";
(d) The art editor obtains publicity for motion pictures through,
the use of photographs of actors and actresses. He selects the photo-
graphs which are to be used to publicize particular motion pictures.
The use of such photographs constitutes approximately half of the-
work of the publicity departments;
(e) The copy editor edits and corrects the copy prepared by the-
unit man and then transmits it to the planter;
(f) The trailer man makes the short advertising films of motion
pictures which are released in advance of such pictures to advertise
them to theatre audiences;
(g) The advertising men write and prepare advertising copy.
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 all employees of the respective Companies engaged in
advertising, publicity, or exploitation work, in the publicity depart-
ments, including without limitation unit men, feature writers, planters,.
contact men, art editors, copy editors, and trailer men, and also in-
cluding all employees in advertising departments who are engaged in
advertising work in Los Angeles County, California, but excluding
directors and assistant directors of such publicity departments, con-
stitute, in the case of each Company, a unit appropriate for the pur-
poses, 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 bargaining and other--
wise effectuate the policies of the Act.
RKO RADIO PICTURES, INCORPORATED
VI. THE DETERMINATION OF REPRESENTATIVES
895
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 appropriate.40
Subsequent to the hearing, all parties stipulated in writing that the
lists of names submitted in evidence by Loew's and by Fox Film be
amended by striking from each such list 5 names.41
In support of its claims of a majority representation, the Guild
submitted in evidence petitions signed between September 20 and
October 20, 1938, by employees of the Companies.42 The genuineness
of the signatures on the petitions was not challenged. The petitions
indicate which Company employed each of the signers and state that
such employees by signing the petition designated the Guild "as their
sole representative for collective bargaining with their respective
employers . . ."
A comparison of the names on the petitions with those on the lists,
as amended, submitted by the Companies shows the following with
respect to each of the Companies :
Company
Number of em-
ployees in the
unit as of
October 15,1938
Signatures on
Guild petitions
of employees in
the unit as of
October 15, 1938
RBO-------------------------------------------------------------------- 16 12
Columbia--------------------------------------------------------------- 9 7
Universal--------------------------------------------------------------- 15 10
Loew's------------------------------------------------------------------ 30
16
Fox Film---------------------------------------------------------------- 20
15
Paramount -------------------------------------------------------------- 30
26
Warner ------------------------------- 25 18-----------------------------------
Hal Roach Studios------------------------------------------------------ 3 3
Selznick Pictures-------------------------------------------------------- 1 1
Goldwyn---------------------------------------------------------------- 2
2
Several of the names on the lists submitted by the Companies
appear in slightly different forms on the petitions of the Guild. 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 Guild has been designated and selected by a
majority of the persons employed, respectively, by RKO Radio Pic-
tures, Inc., Columbia Pictures Corporation of California, Ltd., Uni-
versal Pictures Company, Inc., Loew's, Incorporated, Twentieth Cen-
tury-Fox Film Corporation, Paramount Pictures, Inc., Warner Bros.
Pictures, Inc., Hal Roach Studios, Inc., and Samuel Goldwyn, Inc.,
'0 Bd. Ex. No. 30.
41 The following names were deleted from the list of names submitted by Loew's :
Joseph Lyons , Edwin Hubbell , Ted Voightlander , Harvey Aulback , and Regina M. Valiant.
The following names were deleted from the list of names submitted by Fox Film : Troy
Orr, Milton S. Howe, Marc Lachman , Francis Perrett, and James G. Wooley.
41 Petitioner Exh. No . 6A to ON.
896 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Ltd., in the units found to be appropriate, as the representative of
such persons for the purposes of collective bargaining. It is, there-
fore, the exclusive representative of all the employees in such units
for the purposes of collective bargaining, and we will so certify.
In the case of Selznick International Pictures, Inc., it appears that
there is only one person in the bargaining unit. As we stated in
Matter of Luckenbach Steamship Company, Inc., et al.48
The National Labor Relations Act creates the duty of em-
ployers to bargain collectively. But the principle of collective
bargaining presupposes that there is more than one eligible per-
son who desires to bargain. The Act therefore does not em-
power the Board to certify where only one employee is involved.
This conclusion does not mean that a single employee may not
designate a representative to act for him; he had such a right
without the Act, and the Act in no way limits the right. By
the same token, the conclusion in no way limits the protection
which the Act otherwise gives such an employee.
The petition for investigation and certification of representatives of
employees of Selznick International Pictures, Inc., will therefore -be
dismissed. As already indicated, it was stipulated at the hearing
that Principal Productions, Inc., employed only one person in the
bargaining unit. For this reason the petition for investigation and
certification of representatives of employees of Principal Produc-
tions, Inc., will also be dismissed.
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. Employees of the respective Companies engaged in advertising,
publicity, or exploitation work, in the publicity departments, includ-
ing without limitation unit men, feature writers, planters, contact
men, art editors, copy editors, and trailer men, and also including
all employees in advertising departments who are engaged in adver-
tising work in Los Angeles County, California, but excluding direc-
tors and assistant directors of such publicity departments, constitute,
in the case of each Company, a unit appropriate for the purposes
432 N. L. R. B. 181 , 193. Also see Matter of Metro-Goldwyn-Mayer Studios, and
Motion Picture Producers Aas'n, at al . and Screen Writers' Guild, Inc., 8 N. L. R. B. 858.
RKO RADIO PICTURES, INCORPORATED 897
of collective bargaining, within the meaning of Section 9 (b) of
the National Labor Relations Act.
3. The Screen Publicists' Guild is the exclusive representative of
all the employees in such units for the purposes of collective bar-
gaining, within the meaning of Section 9 (a) of the National Labor
Relations Act.
CERTIFICATION OF REPRESENTATIVES
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-
Series 2,
IT IS HEREBY cERTIFiED that the Screen Publicists' Guild has been
designated and selected by a majority of the employees engaged,
respectively, in advertising, publicity, or exploitation work, in the
publicity departments of RKO Radio Pictures, Inc., Columbia Pic-
tures Corporation of California, Ltd., Universal Pictures Company,
Inc., Loew's, Incorporated, Twentieth Century-Fox Film Corpora-
tion, Paramount Pictures, Inc., Warner Bros. Pictures, Inc., Hal
Roach Studios, Inc., and Samuel Goldwyn, Inc., Ltd., including with-
out limitation unit men, feature writers, planters, contact men, art edi-
tors, copy editors, and trailer men, and also including all employees
in advertising departments who are engaged in advertising work in
Los Angeles County, California, but excluding directors and assist-
ant directors of such publicity departments, as their representative
for the purposes of collective bargaining, and that, pursuant to Sec-
tion 9 (a) of the Act, the Screen Publicists' Guild is the exclusive
representative, 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.
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 National
Labor Relations Board Rules and Regulations-Series 2,
IT IS HEREBY ORDERED that the petitions for investigation and cer-
tification of representatives of employees of Selznick International
Pictures, Inc., and Principal Productions, Inc., filed by the Screen
Publicists' Guild, be, and they hereby are, dismissed.
MR. WILLIAM M. LEIsERsoN took no part in the consideration of the
above Decision, Certification of Representatives, and Order.