D-4834 UNITED STATES OF AMERICA

BEFORE THE NATIONAL LABOR RELATIONS BOARD In the Matter of

TELEVISION FILM PRODUCERS ASSOCIATION, AND ITS MEMBERS; 1/ APEX FILM CORPORATION: BING CROSBY ENTERPRISES, IN C.: CISCO KID PICTURES, INC.; FLYING A

PICTURES, INC.; AND HAL ROACH STUDIOS, INC. Employers and SCREEN ACTORS GUILD, INC., AFL Petitioner *

In the Matter of

ASSOCIATION OF MOTION PICTURE PRODUCERS, INC., AND ITS MEMBERS 2/ * Employers and
SCREEN ACTORS GUILD, INC., AFL *

* * Case No. 21-RC-1473

Petitioner

************************** In the
Matter of *

INDEPENDENT MOTION PICTUREPRODUCERSASSOCIATION,* AND ITS MEMBERS 3/ * Employers SCREEN ACTORS GUILD, INC., AFL Petitioner
*

* Case No. 21-RC-1491 and

1/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. 2/Herein referred to as the Association. 3/Herein referred to as the Independent.

93 NLRB No. 155

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*************************************** ** * * * * * * * * * * * In the Matter of * SOCIETY OF INDEPENDENT MOTION PICTURE PRODUCERS, *

AND ITS MEMBERS 4/ Employers and SCREEN ACTORS GUILD, INC., AFL Petitioner

* * Case No. * * * * 21-RC1492

DECISION AND DIRECTION OF ELECTIONS

Upon separate petitions duly filed under Section 9 (c) of the National 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 meaning of the Act.6/ 2. The Petitioner, and the Intervenors, Television

Authority, AFL, 7/ and Screen Extras Guild, Inc., AFL, 8/ are Labor organizations Employers. 3. Questions affecting commerce exist concerning the claiming to represent certain employees of the

representation of employees of the Employers, within the meaning of Section 9 (c) (1) and Section 2 4. (6) and (7) of the Act.

The appropriate units:

The Petitioner seeks separate multiple-employer units for all members of the Association, the Independent, and the Society, respectively, and separate unitsfor the individual producers in Case No. 21-RC-1286, 4/Herein referred to as the Society. 5/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. 7/ Herein referred to as TVA. 8/Herein referred to as SEG.

93 NLRB No. 155

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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 motion picture producers in this country. Although the bulk of motion picture production is intended primarily for theatre exhibition, films are also Produced for commercial, industrial, and educational purposes, for use by government agencies in training and information programs, and also for exhibition over television. Members of the three employer-groups involved produce films chiefly for the theatre field. Less than 1 percent of the total film footage produced by Association members is released for initial television exhibition. This percentage is even lower for members of the Independent and the Society who only occasionally make pictures for 10/ television. 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

9/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.

D-4834 who are available for such work. Relatively few actors are under contract 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. Minimum 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 featured 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 producer for a variety of markets. I t is clear from the record that the same technical processes are involved in the production of motion pictures 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 industry 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 Petitioner has negotiated separate contracts for actors with the unaffiliated producers; in some instances, such producers have voluntarily complied with the minimum provisions of the Petitioners 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 11/"Extra" work has best been defined as the human background before which the story is produced end 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.

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to Board certifications in 1946, the Board having clearly recognized 12/ the appropriateness of a separate unit for "extras" in the RKO case. Current contracts between SEG and practically all the Employers involved herein do not expire until 1953. Both the Petitioner and SEG are chartered affiliates of the Associated Actors and Artistes of America, AFL (the 4 A's). In 1943a movement was started within the 4A'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 specifically empowered to organize performers engaged in making films for television 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 television 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 identifying performers with product; and, in the case of singers, the necessity for greater precision because of the absence of musical accompaniment 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

12/ R. K. O. 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.

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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 disregarding a well-established bargaining unit merely because of the existence of a new outlet for the product: Moreover, it is uncontroverted that the making of television pictures requires no change in the technical 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 television productions would be impractical as it is frequently very difficult 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, completed. 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 reasons, 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, 15/ 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

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 initial distribution on television, inasmuch as pictures originally released to theatres or other outlets could ultimately be used on television. 15/ See R. K. O. Radio Pictures, Inc., et al., supra.

D-4 834 "extras" from the bargaining units herein found appropriate. 16/ Upon the basis of the foregoing, and consistent with the long bargaining history between the Petitioner and the Employer-members of the Association, the Independent, and the Society, we find the following 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 Association, listed in Appendix A, but excluding "extras" and supervisors 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, including singers and stunt men, employed by the Employer-members of the Independent, listed in Appendix B, but excluding "extras" and supervisors 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, including singers and stunt men, employed by the Employer-members of the Society, listed in Appendix C, but excluding "extras" and supervisors 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. In Case No. 21-RC-1286, we find that all actors engaged in the production 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 appropriate 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 16/ For this reason we do not reach the question of whether the existing contracts bar a present determination of representatives as to "extras." 7

D-4834 and temporary. An actor may work only a day or two a year for a particular 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 conditions, 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/ With respect to the single employer units, the Petitioner would base voting eligibility on a minimum of 2 day's employment during the 9month 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 believe, 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 9month 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 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 E Hiles, d/b/a Central Rufina, 92 NLRB No. 222 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.

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purposes 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 a ppropriate 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 election, and also excluding employees on strike who are not entitled to reinstatement, 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. Signed at Washington, D. C. John M. Houston, Member

James J. Reynolds, Jr., Member

Abe Murdock, Member

Paul L. Styles, Member

NATIONAL LABOR RELATIONS BOARD

APPENDIX A Case No. 21-RC- 1473 Members of the Association of Motion Picture Producers, inc. Columbia Pictures Corpcration, and Screen Gems, Inc., its wholly owned subsidiary. Loew1 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 aimed subsidiary. Warner Bros. Pictures, Inc.

APPENDIX B Case No. 21-RC-1491 Members of the Independent Motion Picture Producers Association Belsam Productions, Inc. James S. Burkett Productions, Inc. Cathedral Films, Inc. Chester Productions, Inc. Continental Pictures Corporation 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 Productions, Inc. Orbit Productions, Inc. Lindsley Parsons Productions, Inc. Protestant Film Commission Sandre Productions, Inc. Jack Schwarz Productions Supreme Pictures Corporation Transworld Film, Inc. Vinson Pictures, Inc. (ii) - 11 -

APPENDIX C Case No. 2i-RC-1492 Members of the Society of Independent Motion Picture Producers Alcorn Productions, Inc. James Nasser (Star Films, Inc., Strand Productions, and LaBrea Irving Allen Enterprises Productions) Samuel Bischoff Seymour Nebenzal

Benedict Bogeaus (Cahuenga Productions) Normandy Productions, Inc, William Cagney Mary Laster Cowan Harry Walt Disney Productions Albert S. Rogell Eagle Productions, Inc. Charles R. Rogers Federal Films Gloria Rcxbury Productions, Inc. Films Harry Sherman Gloria Film Productions, Inc. Golden Pictures, Inc. Edward Small (Reliance Pictures, Inc.) Robert Stillman Hunt Stromberg Samuel Goldwyn Edward Gross Horizon Pictures, Inc. Stanley E. Kramer Jack M. Warner Productions (Phoenix Films) W. Lee Wilder Vanguard Films Venture Pictures Corporation Walter Wenger M. Popkin Pickford

Robert Goelet, Jr.

Sol Lesser William and Edward Nassour (Nasbro Pictures, Inc.)

4834DAPPENDIX D Case No. 21-RC-1286

Apex Film Corporation Bing Crosby Enterprises, Inc. Cisco Kid Pictures, Inc. Jerry Fairbanks, Inc. Flying fi Pictures, Inc. Hal Roach Studios, Inc.