New York Exchange of the Twentieth-Century Fox Film Co.

National Labor Relations Board - Board Decisions

Jan 8, 1943

46 N.L.R.B. 875 (N.L.R.B. 1943)

In the Matter of NEW YORK EXCHANGE OF THE TWENTIETH -CENTURY
Fox FILM CORPORATION and SCREEN OFFICE & PROFESSIONAL EM-
PLOYEES GUILD, LOCAL 109
In the Matter of LOEW'S INC. FILM EXCHANGE, A SUBSIDIARY OF LOEW'6
INC. and SCREEN OFFICE & PROFESSIONAL EMPLOYEES GUILD, LOCAL
109
In the Matter Of UNITED"ARTISTS CORPORATION, NEW YORK EXCHANGE
and SCREEN OFFICE & PROFESSIONAL EMPLOYEES GUILD, LOCAL 109,
UOPWA, C. I. O.
Cases Nos. R-44.97, R-4498, and R-4.P9, respectively.-Decided
January 8,1943
Jurisdiction : motion picture film producing and distributing industry.
Investigation and Certification of Representatives : existence of question :
refusal to grant recognition without certification of Board; election necessary.
Units Appropriate for Collective Bargaining : all front office employees at each
exchange office of several companies, with specified inclusions and exclusions.
Mr. Edwin P. IKilroe, by Mr. Harry F. McIntyre, of New "York City,
for Tw€,ntieth-Century Fox.
Mr. Irving H. Greenfield, of New York City, for Loew's Inc.
O'Brien, Driscoll cC Ra f tery, by Mr. Paul D. O'Brien, of New York
City, for United Artists.
Boudin, Cohn cC Glickstein, by Mr. Leonard B. Boudin, of New
York City, and Mr' David Golden, of New York City, for the C. I. O.
Mr. Matthew M. Levy and Mr. David Halper, of New York City,
for the A. F. of L. ,
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS -
STATEMENT OF THE CASE
Upon three petitions' duly filed by Screen Office & Professional
Employees Guild, Local 109, C. I. 0., herein called the C. I. 0.,
alleging that questions affecting commerce had arisen concerning the
46 N. L R B ,No 96.
875.
876 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
representation of employees of Twentieth-Century Fox Film Corpora-
tion, New York City, Loew's Inc. Film Exchange, a subsidiary of
Loew's Inc., New York City, and United Artists Corporation, New
York City, herein collectively called the Companies, and separately
,called, Twentieth-Century Fox, •Loew's Inc., and United Artists, the
National Labor Relations Board. consolidated the. cases, and'proyided
for an appropriate hearing upon-due notice before Frederick R. Liv-
ingston, Trial Examiner. Said hearing was held at New York City
on October 22, 26, 28, 29, 30, and November 2, 4, and 9, 1942. The
Companies, the C. I. 0., and International Alliance of Theatrical
Stage Employees and, Moving Picture Machine Operators of the
United States and Canada, and Film Exchange Employees Union,
Local F-51, A. F. -of L., herein together called the A. F. of L.,
a'j peared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues.
The A. F. of L. moved at the hearing to dismiss the three. petitions
filed by the,C. I. O. on the ground, that they seek to establish iniip-
propriate units. The Trial Examiner reserved ruling. In view of the
findings set forth in Section IV, infra, the'motion is hereby denied.,
The Trial Examiner's rulings made at the hearing are 'free from
prejudicial error and are hereby affirmed. On December 3, 1942, the
C. I. O. and the A. F. of L., and, oil December 5, 1942, the Company
filed briefs which the Board has considered.2
Upon the entire record in the case,a the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF I FfE COMPANIES
Twentieth-Century Fox Film Corporation is a New York corpora-
tion, maintaining its home office in New York City. It is. engaged
in the production and distribution of'motion picture films. In connec-
tion with the distribution phase oft its business, Twentieth-Century
Fox and its subsidiaries maintain exchange offices in 32 cities through-
out the United States. During the year 1940, this Company shipped
43 negatives of feature pictures from its California studios to its
offices in New York City. From , these ' negatives, approximately
10,750 prints were made and shipped through its exchange offices to all
'A motion was made by, the C 1 0 to strike from the exhibits a copy of a contract
between certain motion picture distributors and the A F of L The Tiial Examiner
ieseived ruhne The motion to strike is hereby denied
z The A F of L also flied a reply brief 11
3 On December 3, 1942. the 'A F of L filed a letter with the Board suggesting the
coirection of certain typographical errors in the record The corrections suggested therein
are hereby ordered to be made
N. Y. EXCHANGE' OF THE TWENTIETH-CENTURY FOX FILM CORP. 877
parts of the United States. Twentieth-Century Fox admits that it
is engaged in commerce within the meaning. of the National Labor
Relations Act.
Loew's Inc. is a Delaware corporation, maintaining its principal-
office in New York City. It is engaged in the distribution of mo-
tion pictures in every State of the United States through the medium,
of 32 exchange offices. During the period from October 1, 1939 to
October 1, 1940, Loew's Inc. released 50 feature motion pictures, 70°
short subjects, and 104 news reels, the prints of which were shipped,
to its various exchanges for distriibution to exhibitors. Loew's Inc.
admits that it is engaged in commerce within the meaning of the Act.
United Artists Corporation is a Delaware corporation, maintain-
ing its home office in New York City. It is engaged in the business
of distributing motion picture films and licensing them for exhibi-
tion. United Artists maintains exchange offices in the District of
Columbia and 15 States through which prints are distributed. It
distributes approximately 450 prints annually through these ex-
changes. This Company admits that it is engaged in commerce
within the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
Screen Office-& Professional Employees Guild, Local 109, is a"
labor organization affiliated with United Office and Professional
Workers,of America and with the Congress of Industrial Organiza-
tions. It admits to membership employees of the Companies.
International Alliance of Theatrical Stage Employees and Moving
Picture Machine Operators of the United States and Canada is a
labor organization affiliated with the" American Federation- of Labor
which, through its locals, admits to membership employees of the
companies.
Film Exchange Employees Union, Local F-51, is a labor organiza-
tion affiliated with the International Alliance of Theatrical Stage
Employees and Moving Picture Machine Operators of the United
States and Canada, and with the American Federation of Labor.
It admits to membership employees of the Companies.
III. THE QUESTIONS CONCERNING REPRESENTATION
Each of the three Companies has refused to bargain with the
C. I. O. unless and until the C. I. O. is certified by'the Board as the
collective bargaining representative of the employees in the unit which
the C. I. O. alleges to be appropriate.
Statements of the Regional Director, introduced in evidence at the
hearing, and a statement of the Trial Examiner made at the hearing,
'878 DECISIONS OF NATIONAL LABOR RELATIONS BOARD -
indicate that the C. I. O. represents a substantial number of em-
ployees in each of the three units which it contends to be appropriate,
and-that the A. F.'of L. represents a substantial Dumber of employees
in two of these units.4 Further statements of the Trial Examiner
made at the hearing indicate that the A. F. of L. represents a sub-
stantial number of employees in the company-wide units which it
claims to be appropriate.b
We find that questions affecting commerce have arisen concerning
the representation of employees of the Companies within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNITS
The C. I. O. contends that the front office employees in the New
York City exchange offices of each of the three Companies constitute
three appropriate units. The A. F.- of L. contends that the front of-
fice employees of all the exchange offices of each of the three Companies
constitute three appropriate units; or'in the alternative, that the 'front
office employees of all the exchange offices of the eight major motion
picture distributing Companies constitute a single -appropriate unit.'
Of the Companies party to these proceedings, only Loew's Inc. ex-
4 The statements of the Regional Director and the Trial Examiner may be summarized
as follows •
Company Cards sub-
mitted
Employees
in unit
Cards in
unit'
Twentieth Century-Fox:
C. I. 0 ------------------------------------------------ 28 35 27
A F of L------------------------------------------------ 0 35 0
Loew's, Inc
C I 0 -------------------------------- 34 67 34
A F of L---------------------------------- ----------- 20 67 20
United Artists:
C. I 0 --------------------------------------------------- 9 17 9
A F. of L------------------------------------------------ 9 17 8
6 These statements of the Trial Examiner may be summarized as follows.
Companies Cards
Nu
front-
empl
mber
room
oyees Cards insubmitted i
the
n
unit
unit
Twentieth Century-Fox ------------_-_-_--------_-------- 208 423 170
Columbia------------------------------------------- ------- 112 211 88
Loew's,Inc------------------ -------------------------------- 296 677 241
Universal----------------------------------------------------- 154 267 100
Warner's-------- -------------------------------------------- 441 561 360
United Artists ------------------------------------------------ 68 137 50
Paramount ----------------- ---------------- ----- 267 464 203
R. K. 0------------------------------------------------------ 210 322 169
1 1 3,062 1 1,381
The A F of L filed a letter with the Board on December 3, 1942, in which it suggested-that the Trial
Examiner's tally of-these cards did not correspond with an A F of L. tally. Since the Trial Examiner's
figures clearly indicate that the A F of I, represents a substantial number of employees in the units it
contends to be appropriate, any further increase in the number of "cards in unit" would not affect
the results of our decision. We shall, therefore, not incorporate in the record the suggested changes of
,the A F. of L
N. Y. EXCHANGE OF THE TWENTIETH-CENTURY FOX FILM CORP . 879
pressed its view as to the appropriate unit, it favoring the first of the
alternative units proposed by the A. F. of L.'
For, purposes of expediting the proceedings in the event that the
Board found the New York exchanges to constitute separate appro-
priate units, the parties respectively affected entered into the follow-
ing stipulations as to the employees to be included in such units :
1. Loew's Inc.-All office, clerical, secretarial, and accounting em-
ployees employed in the front room of Loew's Inc. film exchange at
630 Ninth Avenue, New York'City, excluding executives, officers, the
district manager, the two branch managers, the office manager, sales-
men, private and confidential secretaries to the district manager and
the office manager, traveling auditors, checking supervisors, and
porters;
2. Twentieth-Century Fox.-All office, clerical, secretarial, and ac-
counting employees employed in the front room of Twentieth-Century
Fox Film Corporation exchange at 345 West 44th Street, New York
City, excluding executives, officers, the branch manager, the office man-
ager, salesmen, the private and confidential secretary to the branch
manager, traveling auditors, checkers, and maintenance employees ;
3. United Artists Corporation.-All office, clerical, secretarial, and
accounting employees employed in the front room of United Artists
Corporation exchange at 630 Ninth Avenue, New York City, exclud-
ing the executives, officers, the district manager, the branch manager,
office manager, salesmen, private and confidential secretaries to the
district and branch managers, traveling auditors, checkers, and
porters.
As has been indicated previously, each of the 3 Companies main-
tains approximately, 32 exchange offices throughout the United States
for purposes of distributing motion pictures to local exhibitors.
Generally speaking, the employees of any one exchange are custom-
arily divided into a group referred to as "back room employees" and
a second group known as "front room employees."' For • purposes
of this discussion, it suffices to say that the back room employees are
engaged in the manual or mechanical work involved in handling the
film, whereas the front room employees are engaged in the book and
clerical work essential to the distribution of the films.
The A. F. of L. began organizing the back room employees of the
exchange offices of the major distributors in 1937.8 In that year it
executed a master contract with the major distributors covering the
back room employees in all the exchanges of these distributors. The
U Paramount Pictures Inc., not a party to these proceedings, filed a statement of position
subsequent to the healing in which it also favored the first of the alternative units
pioposed by the A P. of L, and opposed the latter
'A third but considerably smaller group consists of exchange office projectionists
8 Prior thereto projectionists in the exchange offices had been organized into local units
confined to projectionists.
880 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
master contract was modified in 1939 and is still in effect. - In June
1942, the C. I. O. began organizing the front room employees of the
New York City exchange of Twentieth-Century Fox. - In that same
month, the A. F. of L. instituted' a program to organize the, front
room employees of all the exchange offices of the eight major distribu-
tors on a company-wide basis. Originally, the A. F. of L. locals of
'back room employees were instructed to organize the front room
employees. Thereafter the instructions were modified to the extent
that the front room employees were' to be organized ' into locals
separate from the back room employees. The A. F. of L. sent letters
to the eight major distributors on August 17, 1942, requesting a meet-
ing with respect to the front room employees of the exchange offices.
Several conferences were held thereafter, and on `August 31, 1942, the
A. F. of L. requested,the major distributors to sign Nation-wide
contracts similar to the contracts covering back room employees. On
September 9, 1942, seven of the major distributors entered into con-
tracts with the A. F. of L . which ; covered front room employees in,
all exchange offices not_ involved in Board proceedings or covered by
contracts with other labor organizations . Since these contracts not
only, were executed after the C. I. O. filed its petitions , but expressly
exclude from their provisions the three proceedings now under con-
sideration , they cannot be considered either , as bars to these proceed-
ings or as indicative of the history of collective bargaining among
front room employees of motion picture exchanges.
It is clear that the major distributors have bargained jointly with
the A. F. of L. insofar as their back room employees are concerned
aid with respect to the production phase of their respective enter-
prises.9 The record does not indicate , however, that they have bar-
gained through a common agency, with respect to the distribution
phase of their businesses . Rather each Company has participated in-
negotiations through its own representatives who have, when the oc-
casion arose , signed separate though identical contracts on behalf of
their respective principals . There is thus not substantial evidence
in the record to support a finding that a semi-industry-wide unit com-
posed of the eight major distributors to the exclusion of all other
distributors is appropriate for purposes of collective bargaining.
Furthermore, Loew's Inc. and Paramount Pictures Inc. have stated
their objections to such a unit. Thus, the remaining issue in these
proceedings becomes solely one of whether a company-wide unit or
an exchange-wide unit is appropriate.
In support of its contention for company-wide units of front room
employees, the A. F. of L. sets up the history of collective bargaining
in the motion picture industry, the centralization of the management
United Artists Corporation is not considered a producer
N. Y. EXCHANGE OF THE TWENTIETH-CENTURY FOX FILM CORP. 881
over the distributing exchanges, and an alleged Nation-wide com-
munity of interest existing among the employees of the exchanges.
The only evidence in the record substantiating the first argument of
the A. F. of L. insofar as the distribution field of the motion picture
industry is concerned is that the A. F. of L. has organized the back
room employees of the exchange on a company-wide basis. On the
other hand, the short history of collective bargaining among the front
room employees of the eight major distributors, as well as among other
distributors, has been upon a single exchange office basis. Thus, the
Board has previously found such units to be appropriate upon petitions
of the C. I. 0., of unaffiliated labor organizations, and of labor organ-
izations affiliated with the American Federation of Labor.'° In some
instances the A. F. of L. has succeeded to the membership of the labor
organizations duly certified as the representative'of employees in such
units. Of further importance is the fact that not until a month before
the filing of two of the C. I. O. petitions did the A. F. of L. begin to
organize the front room employees of the eight major distributing
Companies.
The history of collective bargaining in the production field and in
the exhibiting field of the motion picture industry does not support
the claim of industry-wide unit. In the exhibiting field, the organiza-
tion of projectionists has proceeded purely upon a local, city-wide basis
rather than upon a company-wide basis. In the production field,
organization has been upon a semi-industry-wide basis." However,
the production field is definitely confined in its geographical scope in
contrast to the distribution field whose units are scattered throughout
10 See Matter of Warner Bros Pictures, Inc, Vitagraph , Inc ,'and Warner Bros Circuit
Management Corporation , and their subsidiary corporations and Warner Boos Associated
Once Employees of Greater New York, 35 N L. R B 739; Matter of Columbia Pictures
Corp and Screen Office, it Professional Employees ' Guild, Local 109, affiliated with
U 0. P. IV. A ., C., I. 0, 38 N L R B. 608; Matter of Monogram Pictures Corporation
and American Federation of Labor, 41 N L R B. 307; Matter of Vitagraph, Inc and
American Federation of Labor, 41 N. L R. B 310; Matter of Paramount Film Distributing
Corporation and American Federation of Labor, 41 N. L R B 358 ; Matter of Pr=oducers
Releasing Corporation of St Louis and American Federation of Labor, 41 N. L R B 362,
Matter of R. K. 0. Radio Pictures, Inc. and American Federation of Labor, 41 N L. R. B
365 ; .Mattor of Columbia Pictures Corporation and American Feder ation of Labor, 41
N L. R. B 369 ; Matter of United Ai tists Corporation and American Federation of Labor,
41 N L B B 385; Matter of Republic Pictures Corporation and American Federation of
Labor, 41 N. L. R. B 436; Matter of National Sci een Service Coi poi anon and Screen
Office it Professional Employees Guild, Local 109, affiliated with UOPWA, C. 1. 0, 41
N L. R. B 1009 ; Matter of Columbia Pictures Corporation and Screen Office Employees
Guild, Local 1391, of Brotherhood of Painters, Decorators and Paperhangers, A F. L,
et al, 44 N L R. B. 1292.
"In Matter of Motion Picture Producers and Distisbutors of America, Inc,-& Nicholas
M Schenck; The Association of Motion Picture Producers, Inc, it Joseph M Schenck it Pat
Casey; and Columbia Pictures Corporation of California, Ltd, et al, and International
Sound Technicians of the Motion, Picture Industry, Local 695, of the International Alliance
of Theatrical Stage Employees and Moving Picture Machine Operators of the United States
and Canada, et al, 14 N L R B 1162 , 15 N L. R B 224-225, the Board, in accordance
with a stipulation of the parties, found a single unit of specified employees of several
motion picture companies , including the seven major produceis , to be appropriate
504086-43-vol 46-56
882 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD,
these United States. Accordingly, the method of organizing the pro-
duction field of the motion picture industry cannot be taken as a model
for organizational activity in the distribution field of the industry.
Although it appears that the labor policies governing the several
exchange offices of each of the Companies is fixed in New York City,
and that vacations and hours are alike for all exchanges , nevertheless
the individual exchange offices function as separate component units
of the whole distribution system. The branch manager of each ex-
change office has authority to hire and discharge within certain limi-
tations. Likewise the office manager may hire and discharge certain
employees . , Wages for the exchange offices tend to vary with their
geographical location , and in the case of the back room employees,
have often been negotiated locally.
Under all the circumstances , we find that a unit confined to each
exchange rather than one national in scope is appropriate . Our ruling
does not preclude a - later finding that a larger unit is appropriate.
We find that the following groups of employees constitute units
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act:
1. Loew's In,c.-All office , clerical , secretarial, and accounting em-
ployees employed in the front room of Iloew's Inc. film exchange at 630
Ninth Avenue, New York City , excluding executives , officers, the dis-
trict manager , the two branch managers, the office manager , salesmen,
private and confidential secretaries to the district manager and the
officer manager, traveling auditors, checking supervisors , and porters;
2. Twentieth -Century Fox.-All office, clerical , secretarial,- and
accounting employees employed in the front room of Twentieth-
Century Fox Film Corporation , exchange at 345 West 44th Street,
,New York City; excluding executives, officers, the branch manager,
the office manager, salesmen , the private and confidential secretary to
the branch manager, traveling auditors, checkers, and maintenance
employees;
3. United Artists Corporation .-All office , clerical , secretarial, and
accounting employees employed in the front room of United Artists
Corporation exchange at 630 Ninth Avenue, New York City, exclud-
ing the executives, officers, the district manager, the branch manager,
-office manager , salesmen, private and confidential secretaries to the
district and branch managers , traveling auditors , checkers, and
porters.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved , as to each Company, by an election by secret
ballot among the employees in the appropriate unit who were employed
N. Y. EXCHANGE OF THE TWENTIETH-CENTURY FOX FILM CORP . 883
during the pay-roll period immediately preceding the date of our
Direction of Elections, subject to the limitations and additions set
forth therein.
Since the A. F. of L. did not make a substantial showing of interest
in the case of the front room employees of the New York City exchange
of Twentieth-Century Fox Film Corporation, we shall not include
its name on the ballot in the election directed among the employees
.of that Company.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section,9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigations to ascertain representa-
tives for the purposes of collective bargaining with Twentieth-Century
Fox Film Corporation, New York City, Loew's Inc., New York City,
and United Artists Corporation, New York City, elections by secret
ballot shall be conducted as early as possible, but not later than thirty
(30) days from the date of this Direction of Elections, under the
direction and supervision of the Regional Director for the Second
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 10, of said Rules
and Regulations, among the following groups of employees of the
Companies who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did
not work during said pay-roll period because they were ill or on
vacation or temporarily laid off, and including employees in the armed
forces of the United States who present themselves in person at the
polls, but excluding any who have since quit or been discharged for
cause :
1. All employees of Twentieth-Century Fox Film Corporation in
the unit found appropriate in Section IV, above, to determine whether
or not they desire to be represented by Screen Office & Professional
Employees Guild, Local 109, U. O. P. W. A., C. I. 0., for the purposes
of-collective bargaining;
2. All employees of Loew's Inc. in the unit found appropriate in
Section IV, above, to determine whether they desire to be represented
by Screen Office & P r o f e s s i o n a l Employees Guild, Local 109,
U. O. P. W. A., C. I. 0., or by Film Exchange Employees Union,
Local F-51, affiliated with the International Alliance of Theatrical
State Employees and Moving Picture Machine Operators of the United
884 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
States and Canada, A. F. of L., for the purposes of collective bargain-
ing, or by neither; and
3. All employees of United Artists Corporation in the unit found
appropriate in Section IV, above, to determine whether they desire
to be represented by Screen Office & Professional Employees Guild,
Local 109, U. O. P. W. A., C. I. 0., or by Film Exchange Employees
Union, Local F-51, affiliated with the'International Alliance of The-
atrical Stage Employees and Moving Picture Machine Operators of
the United Stites, and Canada, A. F. of L., for the purposes of collec-
tive bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of,Elections.
f
In the Matter of NEW IORK EXCHANGE OF THE TWENTIETH- CENTURY
Fox FILM CORPORATION and SCREEN OFFICE & PROFESSIONAL EM-
PLOYEES GUILD, LOCAL 169
-In the Matter of LOEw's INC. FILM EXCHANGE, A SUBSIDIARY OF
LOEw's INC. and SCREEN OFFICE & PROFESSIONAL EMPLOYEES GUILD,
LOCAL 109
In the Matter of UNITED ARTISTS CORPORATION, NEW 'YORK EXCHANGE
and SCREEN OFFICE Sz, PROFESSIONAL EMPLOYEES GUILD, LOCAL 109,
UOPWA, C. I. O.
Cases Nos . R-4497, R-4498, and R-449.9, respectively.
AMENDMENT TO DECISION AND DIRECTION OF
ELECTIONS
January 19, 1943
On January 8, 1943, the National Labor Relations Board issued
.a Decision and Direction of Elections in the above-entitled proceed-
ing., On January 13, 1943, International Alliance of Theatrical
Stage Employees and Moving Picture Machine Operators of the
United States and Canada, and Film Exchange Employees Union,
Local F-51, A. F. of L., herein together called the A. F. of L., filed
a, motion requesting that the name of the Local be placed on the
ballot in the election directed among the front-room employees in the
New York City exchange of Twentieth-Century Fox Film Corpora-
tion, or in the alternative, that the hearing be reopened to take
evidence on the A. F. of L.'s asserted claim of a substantial interest
among the employees in that unit. On January 15, 1943, Screen
Office & Professional Employees Guild, Local 109, filed affidavits in
opposition to the motion of the A. F. of L., which the Board has
considered.
Since the A. F. of L. demonstrated at the hearing that it had, a
substantial interest among the employees' of the exchange offices of
Twentieth-Century Fox Film Corporation in a company-wide unit
which it contended to be appropriate, and inasmuch as it has sub-
146 N L. R. B 875.
46 N L. R B., No. 96a.
2
885
886 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
mitted with its motion evidence indicating that it has been designated
as their representative by 24 out of the approximately 30 employees
in the unit found appropriate in the case of the New York City
exchange office of Twentieth-Century Fox Film Corporation, we shall
-amend our Decision and Direction of Elections to -include its name
on the ballot in the election directed among such employees. The
Board accordingly hereby strikes paragraph 2-in Section V of the
Decision and amends paragraph No. 1 of the aforesaid Direction of
Elections by striking therefrom' the words "whether or not they
desire to be represented by Screen Office & Professional Employees.
Guild, Local 109, U. O. P. W. A., C. I. 0., for the purposes of col-
lective bargaining," and substituting therefor the words' "whether
they desire to be represented by Screen Office & Professional Em-
ployees Guild, Local 109, U. O. P. W. A., C. I. 0., or by Film Ex-
change Employees Union, Local F-51, affiliated with the, Interna-
tional Alliance of Theatrical Stage Employees and Moving Picture
Machine Operators of the United States and Canada, A. F. of L.,
for the purposes of collective bargaining, or by neither."
The A. F. of L. also moved that the Decision be amended to set
forth correctly the evidence as to the representation showing of'the
organizations involved. Since certain inadvertent errors appear in
the Decision, it is hereby amended by striking from the second para-
graph of Section III the words "Statements of the Regional Director,
introduced in evidence at the hearing, and a statement of the Trial
Examiner made at the hearing," and `substituting therefor the words
"Statements of the Regional Director, introduced in evidence at the.
hearing, as,supplemented and corrected by statements of the Trial
Examiner made at the hearing"; and by striking the table in footnote
4 and substituting therefor the following table :
Company Cards 'submitted
Employees
in unit ^
Cards in
unit
Twentieth Century-Fox.
C I 0---------------------------- 28 30 27
A F of L------------------------- 0 30 • 0
Loew's, Inc
C.I O 34 59 34
A. F of L____ 48 - 59 30
United Artists
C. I. 0--------------------------- 9 15 9
A. F. of L ___________________ _ __ 10 15 7
• The Trial Examiner 's statements indicated fewer employees in the units than
did the Regional, Director 's statements
n The Trial Examiner did not make a recheck o' the C. I. 0 cards submitted to
the Regional Director when he checked the A. F. of L . cards submitted at the
hearing.
MR. GERARD D. REILLY took no part in the consideration of the above
Amendment to Decision and Direction of Elections.