Society of Independent Motion Pictures Producers

National Labor Relations Board - Board Decisions

Apr 30, 1951

94 N.L.R.B. 110 (N.L.R.B. 1951)

110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find, further, in accordance with the Board's recently established
policy to take jurisdiction over public utilities, that it will effectuate
the policies of the Act to assert jurisdiction in this case.3
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the represen-
tation of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. We find that all employees including operators, linesmen, meter
readers, and the clerk in the warehouse, employed by the Employer
at its Scott City and Syracuse, Kansas, plants, excluding "right of
way" purchasers,4 office clerical employees, professional employees,
and supervisors as defined in the Act, constitute a unit appropriate
for purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
[Text of Direction of Election omitted from publication in this
volume.]
3 See W C King, rl/b/a Local Transit Lines, 91 NLRB 623 ; Chet okee County Rural
Electric Cooperative Association , 92 NLRB 1181.
4 Upon the basis of their present duties, we shall exclude the 2 "right of way" pur-
chasers, V . Bowers, and J Riemensnider, as it appears that their interests are more
closely identified with management than with the rank -and-file employees See Buckeye
Rural Electric Cooperative , Inc., 88 NLRB 196. However , as the record indicates that
these 2 men will be performing other duties in several weeks, we may then include them
in the unit . If this change in job classification occurs before the payroll period preceding
the election , they may be permitted to vote under challenge.
SOCIETY OF INDEPENDENT MOTION PICTURE PRODUCERS, AND ITS MEMBERS
and INTERNATIONAL ALLIANCE THEATRICAL STAGE EMPLOYEES AND
MOTION PICTURE MACHINE OPERATORS OF THE UNITED STATES AND
CANADA AND ITS PROPERTY CRAFTSMEN LOCAL 44, AFL, PETITIONER.
Case No. 01-RC-1765. April 30, 1951
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before George H. O'Brien, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Members Houston, Reynolds, and Styles].
94 NLRB No. 35.
SOCIETY OF INDEPENDENT MOTION PICTURE PRODUCERS 1.11.
Upon the entire record in this case, the Board finds :
1. The Employers 1 are engaged in commerce within the meaning
of the Act 2
2. The labor organizations involved claim to represent certain em-
ployees of the Employers.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employers within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The parties agree that the appropriate bargaining unit should be
composed of all employees classified as carpenters and set erectors,
excluding all other classifications of employees and supervisors. The
only unit issue raised in this case relates to the scope of the unit. The
Petitioner seeks a single unit extending to such employees of all
members of the Society. United Brotherhood of Carpenters and
Joiners of America, Local 946, the Intervenor herein, contends that
separate'units should be established for the employees of each member
of the Society.
We have heretofore found appropriate association-wide units for
set decorators 3 and actors' employed by the employer-members of the
Society. On the basis of the present record, we perceive no valid
reason for departing from the scope of our unit determinations in
those cases. Upon the basis of the foregoing, and consistent with the
long bargaining history between the Petitioner and the employer-
members of the Society, we find the following unit appropriate :
All employees classified as carpenters and set erectors employed by
the employer-members of the Society, but excluding all other em-
ployees and supervisors , constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the Act.
5. The record discloses that only 3 members of the Society employed
carpenters or set erectors between July 1, 1950, and December 31, 1950,
and that these employees worked an average of 10 days during this
6-month period. Of the 92 carpenters and set erectors employed, only.
1 worked the entire 6-month period, 13 worked more than 2 weeks, and
35 worked 4 days or less during this period. The Petitioner requests
that employees who have worked for any member of the Society at
any time within such eligibility period as may be selected by the Board
be permitted to vote in the election. The Employer takes no posi-
tion. The Intervenor urges that the Board follow its usual prac-
Society of Independent Motion Picture Producers herein called the Society. The
names of its constituent member companies are listed in the appendix.
2 The Independent Motion Picture Producers Association , et al, 88 NLRB 1285 ; Tele-
vision Film Producers Association , et at, 93 NLRB 929
8 The Independent Motion Picture Producers Association , et al , supra
4 Television Filni Producers Association, et al , supra.
112 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tice and direct that persons employed during the payroll period ending
immediately next preceding the date of such Direction of Election be
permitted to vote.
In view of the relatively brief periods of employment afforded car-
penters and set erectors by members of the Society, and the frequent
interchange of employment by the carpenters and set erectors among
members of the Society and other companies in the industry, we shall
depart from our usual eligibility rule. We shall direct that employees
in the appropriate unit who have worked for one or more of the em-
ployer members of the Society for a total of 2 or-more days 5 during
the 6-month period immediately preceding the date of this Decision
and Direction of Election are eligible to vote in the election. Thus,
employees who would otherwise be eligible to vote will not be disfran-
chised if, immediately prior to the election, they happen. to be employed
by a producing company not involved in this election.6
[Text of Direction of Election omitted from publication in this
volume.]
5 Television Film Producers Association , et at., supra.
c Norcal Packing Company, et at., 76 NLRB 254; The Independent Motion Picture Pro-
ducers Association , et at., supra.
UNITED STATES GYPSUM COMPANY and INTERNATIONAL WOODWORKERS
of AMERICA, CIO. Case No. 15-CA-131. May 1, 1951
Decision and Order
On September 8, 1950, Trial Examiner Wallace E. Royster issued
his Intermediate Report in the above-entitled proceeding, finding that
Respondent had engaged in and, was engaging in certain unfair labor
practices, and recommending that it cease and desist, therefrom and
take certain affirmative action, as set forth in the copy of the Inter-
mediate Report attached hereto. Thereafter, Respondent filed ex-
ceptions to the Intermediate Report and a supporting brief. Re-
spondent's request for oral. argument is denied because the record and
brief, in our opinion, adequately set forth the position of Respondent.
The. Board 1 has reviewed the rulings of the Trial Examiner at the
hearing and finds that no prejudicial error was committed. The rul-
ings are hereby affirmed 2
Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its
powers in connection with this case to a three -member panel [ Chairman Herzog and
Members Houston and Reynolds].
'The Trial Examiner properly denied Respondent ' s motion to dismiss the complaint
insofar as it alleged as unfair labor practices acts not set forth in detail in charges filed
within 6 months of their occurrence. These acts occurred within 6 months of the filing
of the original charge. It is not necessary that all details included in the complaint he
set forth in the charge which tolls the statute of limitations . Kansas Milling Company v.
N. L. R. B., 185 F. 2d 413 (C. A. 10), enforcing 86 NLRB 925; Cathey Lumber Company,
86 NLRB 157 , enforced , 185 F. 2d 1021 ( C. A. 5) ; Stokely Foods, Inc., 91 NLRB 1267.
94 NLRB No. 27.