Television Film Producers Association

National Labor Relations Board - Board Decisions

Mar 26, 1951

93 N.L.R.B. 929 (N.L.R.B. 1951)

TELEVISION FILM PRODUCERS ASSOCIATION 929,-^
TELEVISION FILM PRODUCERS ASSOCIATION, AND ITS MEMBERS;' APEX
FILM CORPORATION; BING CROSBY ENTERPRISES, INC.; Cisco KID
PICTURES, INC. ; FLYING A PICTURES, INC.; AND HAL ROACH STUDIOS,
INC. and SCREEN,ACTORS GUILD, INC., AFL, PETITIONER
ASSOCIATION OF MOTION PICTURE PRODUCERS, INC., AND ITS MEMBERS 2'"
and SCREEN ACTORS GUILD, INC., AFL, PETITIONER
INDEPENDENT MOTION PICTURE PRODUCERS ASSOCIATION, AND, ITS MEM-
BERS 3 and SCREEN ACTORS GUILD, INC., AFL, PETITIONER
SOCIETY OF INDEPENDENT MOTION PICTURE PRODUCERS, AND ITS MEM-
BERS 4 and SCREEN ACTORS GUILD, INC., AFL, PETITIONER. Cases-
Nos. 21-RC-1286, 21-RC-1473, 21-RC-1491, and 21-RC-149.2:_
March 26, 1951
Decision and Direction of Elections
Upon separate petitions duly filed under Section 9 (c) of the Na-
tional Labor Relations Act, a consolidated hearing 5 was, held before
Daniel J. Harrington, hearing officer. The hearing officer's rulings-
made at the hearing are free from prejudicial error and are hereby-
affirmed.
Upon the entire record in this case, the Board finds :
1. Each of the Employers is engaged in commerce within the mean-
ing of the Act .6
2. The Petitioner and the Intervenors, Television Authority, AFL,T
and Screen Extras Guild, Inc., AFL," are labor organizations claim-
ing to represent certain employees of the Employers.
3. Questions affecting commerce exist 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 appropriate units :
The Petitioner seeks separate multiple-employer units for all mem-
bers of the Association, the Independent, and the Society, respec--
' At the hearing , the Petitioner moved to dismiss the petition as to Television Film
Producers Association and all its members except Jerry Fairbanks , Inc. This motion is-
hereby granted.
z Herein referred to as the Association.
Herein referred to as the Independent.
Herein referred to as the Society.
G The captioned cases were consolidated for hearing by order of the Regional Director-
dated October 16, 1950
6 Various motions to amend the petitions were offered at the hearing by the Petitioner
with respect to the named Employers These motions, based largely upon changes in the-
membership of the three employer associations involved and upon the fact that certain
producers were no longer in business , are hereby granted. Only the Employers listed in,
Appendices A to D are involved in this proceeding.
Herein referred to as TVA.
8 Herein referred to as SEG.
93 NLRB No. 155.
943732-51-60
930 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tively, and separate units for the individual producers in Case No.
21-RC-1286 , consisting of all actors, including singers and stunt men,
but excluding "extras" engaged in the production of motion pictures
generally . TVA contends that in all cases there should be a separate
unit for performers, including "extras," engaged in the production of
motion pictures for television exhibition , or alternatively , that self-
determination elections be held for such groups of employees 9. SEG
intervened in these proceedings to urge the exclusion of "extras" from
any unit found appropriate ; it argues that current contracts with the
Employers bar any present determinations with respect to "extras."
The Association, the Independent, and Hal Roach Studios, Inc., agree
with the Petitioner's unit contention as to them; the other Employers
take no unit position.
The Employers involved in this proceeding include almost all the
notion picture producers in this country. Although the bulk of
motion picture production is intended primarily for theatre exhibi-
tion, films are also produced for commercial , industrial , and educa-
tional purposes , for use by Government agencies in training and in-
formation programs, and also for exhibition over television. Mem-
bers of the three employer -groups involved produce films chiefly for
the theatre field. Less than 1 percent of the total film footage pro-
duced by association members is released for initial television exhibi-
tion. This percentage is even lower for members of the Independent
and the Society who only occasionally make pictures for television. 10
Members of the Independent specialize in low-budget films. Some of
the individual producers in Case No . 21-RC-1286 are concentrating
on the television market, but others make pictures for commercial,
industrial , and theatre release -as well.
Practically all performers before the motion picture camera are
hired out of an "employment pool," i. e., people with acting talent who
are available for such work . Relatively few actors are under con-
tract with the producer. The same method of hiring is used by all
the Employers irrespective of the market for which the film is to be
made, and the same actors are used for all types of productions. Mini-
mum contract rates must be paid all actors, but higher rates may be
negotiated individually. A large group of actors work at minimum
or near minimum rates in all types of low -budget pictures , including
westerns and films designed for television showing. The same fea-
tured players may be hired by one producer for a picture to be shown
in theatres and by another producer ' for a television film. The same
performers may appear in different films made by an individual pro-
ducer for a variety of markets . It is clear from the record that the
0 Although TVA also maintains that a single Nation -wide unit for all television film
producers is appropriate , it offered no evidence at the hearing in support of such a unit
10 Only pictures released before 1946 for theatre showing may now be used on television.
TELEVISION FILM PRODUCERS ASSOCIATION 931
same technical processes are involved in the production of motion pic-
tures whether the film is produced for the theatre, television, or other
type of market. It is also clear that the acting abilities required of
motion picture performers are the same for all types of productions,
and that there is no separate "pool" of actors which is drawn upon for
the making of television pictures. '
The Petitioner has for many years been the exclusive collective
bargaining representative of actors in the motion picture industry,
and has had contracts with practically all the producers in the indus-
try since 1937. A multiple-employer bargaining pattern has been
established for the membership of the Association, the Independent,
and the Society since 1937, 1938, and 1945, respectively. The Peti-
tioner has negotiated separate contracts for actors with the unaffiliated
producers; in some instances, such producers have voluntarily com-
plied with the minimum provisions of the Petitioner's basic contract in
the industry. All of the Petitioner's contracts expired on December
31, 1950, and negotiations for new contracts were suspended because
of the pendency of these proceedings.
"Extras" 11 have been separately represented by SEG pursuant to
Board certifications in 1946, the Board having clearly recognized the
appropriateness of a separate unit for "extras" in the RICO case. 12
Current contracts between SEG and practically all the Employers in-
volved herein do not expire until 1953.
Both the Petitioner and SEG are chartered affiliates of the Associ-
ated Artists and Artistes of America, AFL (the 4 A's). In 1948 a
movement was started within the 4 A's to form a separate organization
to represent television performers. The Petitioner and SEG refused
to participate in this movement, and in 1949 TVA was organized by
5 other affiliates of the 4 A's as a "trusteeship" within the 4 A's. 13
In addition to the "live" television field, TVA is specificially em-
powered to organize performers engaged in making films for tele-
vision showing.
The principal issue in this case is whether the Board should find
appropriate a separate unit limited to actors engaged in making
motion picture films for television exhibition. TVA seeks to justify
its unit position by testimony designed to show a peculiar community
of interest among actors engaged in making television pictures. These
witnesses emphasized the limited budgets of films intended for tele-
u "Extra" work has best been defined as the human background before which a story
is produced and before which the actor works An "extra" rarely has a spoken part, and
when he does , the part relates to background material and does not involve essential story
dialogue.
12 R K 0 Radio Pictures, Inc , et al, 61 NLRB 112 , supplementing 59 NLRB 132
13 These unions, all in the "live " entertainment field, are Actors Equity Association,
Chorus Equity Association , American Federation of Radio Artists , American Guild of
Variety Artists , and American Guild of Musical Artists.
932 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
vision release , and pointed to certain differences alleged to exist in the
working conditions of performers on such films : Lower wage rates;
longer working hours ; increased nervous tension because of shorter
shooting schedules ; greater need to memorize lines in advance of
production ; commercial advertising limits employment by iden-
tifying performers with product ; and, in the case of singers, the
necessity for greater precision because of the absence of musical ac-
companiment and the use of smaller groups . The evidence before us,
however, discloses that most of these alleged differences do not in
fact exist . On the contrary , the record affirmatively shows that many
of these conditions are present in the production of all low-budget
films, whatever the medium of release. While it is true that, at the
present stage of television film development , many of the factors
relied upon by TVA as justifying a separate unit are more peculiarly
applicable to actors engaged in making television pictures , we are
aware of no Board precedent or other persuasive reason for disregard-
ing a well-established bargaining unit merely because of the exist-
ence of a new outlet for the prochict. Moreover, it is uncontroverted
that the making of television pictures requires no change in the tech-
nical processes either in front or in back of the motion picture camera,
and that the hiring of actors from the "employment pool" is the same
for all types of film productions . Finally, a separate unit for tele-
vision productions would be impractical as it is frequently very diffi-
cult to determine in advance whether a picture will be initially released
to television .14 Evidence at the hearing indicated that the decision as
to the initial distribution outlet for many low -budget films is not
made until the production is well under way , or in some cases, com-
pleted. For all these reasons , and upon the record as a whole, we
conclude that a separate unit restricted to actors engaged in making
motion pictures for television is inappropriate . For the same rea-
sons , we shall not hold self- determination elections , as TVA requests
in its alternative unit contention , among television film actors.
With respect to "extras ," we find, in accordance with the, Board's
previous determination ," that such employees are properly excluded
from a bargaining unit of actors . Not only are the conditions of
employment for the two groups of employees substantially different,
but "extras" have been bargained for in a separate unit for 5 years.
We shall exclude "extras" from the bargaining units herein found
appropriate.16
14 Properly analyzed, TVA's request for a separate unit of performers engaged in the
production of motion pictures for television exhibition means pictures intended for inntiat
distribution on television , inasmuch as pictures originally released to theatres or other
outlets could ultimately be used on television
6 See R K. 0 Radio Pictures, Inc, et al, supra.
16 For this reason we do not reach the question of whether the existing contracts bar a
present determination of representatives as to "extras."
TELEVISION FILM PRODUCERS ASSOCIATION . 933
Upon the basis of the foregoing, and consistent with the long bar-
gaining history between the Petitioner and the Employer-members of
the Association, the Independent, and the Society, we find the follow-
ing multiple-employer units appropriate :
All actors engaged in the production of motion pictures, including
singers and stunt men, employed by the Employer-members of the
Assocation, listed in Appendix A, but excluding "extras" and super-
visors as defined in the Act, together constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act.
All actors engaged in the production of motion pictures, including
singers and stunt men, employed by the Employer-members of the
Independent, listed in Appendix B, but excluding "extras" and super-
visors as defined in the Act, together constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
All actors engaged in the production of motion pictures, includ-
ing singers and stunt men, employed by the Employer-members of the
Society, listed in Appendix C, but excluding "extras" and super-
visors as defined in the Act, together constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act.
In Case No. 21-RC-1286, we find that all actors engaged in the pro-
duction of motion pictures, including singers and stunt men, employed
by each of the Employers listed in Appendix D, but excluding "extras"
and supervisors as defined in the Act, constitute separate units appro-
priate for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.
5. The determination of representatives :
The work of actors in the motion picture industry is occasional and
temporary. An actor may work only a day or two a year for a particu-
lar producer, and yet the actor may get enough work in the -industry
throughout the year to give him a vital interest in the selection of a
collective bargaining representative. In view of these working condi-
tions, we are of the opinion that, with respect to the multiple-employer
units found appropriate, all persons shall be eligible to vote who have
had 3 or more days of employment within any such unit during the
9-month period immediately preceding the date of this Decision and
Direction of Elections 17
17 All parties stipulated as to this eligibility requirement, except that the stipulation
would terminate the 9-month period on the last day of the calendar month immediately
preceding the month in which the Board Decision and Direction of Election issued We
see no reason for departing from our usual practice, in cases similar to this, of terminating
the eligibility period on the date the Board Decision and Direction of Election issues.
See Mario Mercado E Hijos, d/b/a Central Rufiua, 92 NLRB 1509.
934 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
With respect to the single employer units, the Petitioner would base,
voting eligibility on a minimum of 2 days' employment during the,
9-month period, while TVA "would require only 1 day's employment.
The Employers took no position on this matter. As the prospect of
employment by the various Employers in the multiple-employer units
is substantially greater, we. agree that the eligibility requirement
should be relaxed in the case of the individual employer units. We be-
lieve, however, that a single day's employment is too casual to establish
the collective bargaining interest of a prospective voter, and we shall
adopt the 2-day requirement suggested by the Petitioner. Therefore,
in the individual employer units found appropriate in Case No.
21-RC-1286, all persons shall be eligible to vote who have had 2 or
more days of employment within any such unit during the 9-month
period immediately preceding the date of this Decision and Direction
of Elections.
Direction of Elections 18
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employers listed in Appendices
A to D, elections by secret ballot shall be conducted as early as possible,
but not later than 30 days from the date of this Direction, under the
direction and supervision of the Regional Director, for the Region in
which this case was heard, and subject to Sections 102.61 and 102.62
of National Labor Relations Board Rules and Regulations, among the
employees in the units found appropriate in paragraph numbered 4,
above, who meet the eligibility requirements set forth in paragraph
numbered 5, above, including employees in the military services of
the United States who appear in person at the polls, but excluding
those employees who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the elections,
and also excluding employees on strike who are not entitled to rein-
statement, to determine whether they desire to be represented, for
purposes of collective bargaining, by Screen Actors Guild, Inc., AFL,
or by Television Authority, AFL, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Elections.
Appendix A
Case No. 21-RC-1473
Members 'of the Association of Motion Picture Producers, Inc. :
Columbia Pictures Corporation, acid Screen Gems, Inc., its wholly
owned subsidiary.
18 Either participant in the elections herein directed may, upon its prompt request to,
and approval thereof by , the Regional Director , have its name removed from the ballot.
TELEVISION FILM PRODUCERS ASSOCIATION 935
Loew's, Incorporated.
Paramount Pictures Corporation.
Republic Productions, Inc.
RKO-Radio Pictures , Inc., and RKO-Pathe , Inc., its wholly
owned subsidiary.
Twentieth Century-Fox Film Corporation.
Universal Pictures Company, Inc., and United World Films, its
wholly owned subsidiary.
Warner Bros. Pictures, Inc.
Appendix B
Case No. 21-RC-1491
Members of the Independent Motion Picture Producers Associa-
tion :
Belsam Productions, Inc.
James S. Burkett Produc-
tions, Inc.
Cathedral Films, Inc.
Chester Productions, Inc.
Continental Pictures Corpo-
ration
Emerald Productions, Inc.
Equity Pictures, Inc.
Esskay Pictures Corp.
Edward Finney Productions
Fortune Film Corporation
Great Western Productions,
Inc.
Jan Grippo Productions
A. W. Hackel
Hallmark Productions, Inc.
Hygienic Productions
Sam Katzman Productions,
Inc.
Kay Pictures Corp.
King Bros., Inc.
Max M. King Productions
Landres Pictures, Inc.
Liberty Productions, Inc.
Monogram Productions, Inc.
Martin Mooney Productions,
Inc.
Sigmund Neufeld
tions, Inc.
Produc-
Orbit Productions, Inc.
Lindsley Parsons
tions, Inc.
Produc-
Protestant Film Commission
Sandre Productions, Inc.
Jack Schwarz Productions
Supreme Pictures Corpora-
tion
Transworld Film, Inc.
Vinson Pictures, Inc.
Appendix C
Case No. 21-RC-1492
Members of the Society of Independent Motion Picture Producers :
Alcorn Productions, Inc.
Irving Allen Enterprises
Samuel Bischoff
Benedict Bogeaus (Cahuenga
Productions)
William Cagney
Lester Cowan
Walt Disney Productions
Eagle Productions, Inc.
Federal Films
x.936 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Gloria Films
Gloria Film Productions, Inc.
Golden Pictures, Inc.
Robert Goelet, Jr.
Samuel Goldwyn
Edward Gross
Horizon Pictures, Inc.
Stanley E. Kramer
Sol Lesser
William and Edward Nassour
(Nasbro Pictures, Inc.)
-James Nasser (Star Films,
Inc., Strand Productions,
and LeBrea Productions
Seymour Nebenzal
Normandy Productions, Inc.
Mary Pickford
Harry M. Popkin
Albert S. Rogell
Charles R. Rogers
Roxbury Productions, Inc.
Harry Sherman
Edward Small (Reliance Pic-
tures, Inc.)
Robert Stillman
Hunt Stromberg
Vanguard Films
Venture Pictures Corpora-
tion
Walter Wanger
Jack M. Warner Productions
(Phoenix Films)
W. Lee Wilder
Appendix D
Case No. 21-RC-1286
Apex Film Corporation Jerry Fairbanks, Inc.
-Bing Crosby Enterprises, Inc. Flying A. Pictures, Inc.
Cisco Kid Pictures, Inc. Hal Roach Studios, Inc.
-SOUTHWESTERN SALES CORPORATION (RADIO STATION KVOO) and NA-
TIONAL ASSOCIATION OF BROADCAST ENGINEERS & TECHNICIANS (OMA-
HA CHAPTER), PETITIONER. Case No. 16-RC-667 . March 26, 1951
Decision and Direction of Elections
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Evert P. Rhea, hear-
ing officer. The hearing oflicer'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, Murdock, and Styles].
Upon the entire record in this case, the Board finds:
1: The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
93 NLRB No. 157