Jurisdictional disputes in the motion-picture Industry : hearings before a special subcommittee of the Committee on Education and Labor, House of Representatives, Eightieth Congress, first-session, pursuant to H. Res. 111 (1948)

MOTION-PICTURE JURISDICTIONAL DISPUTES 125 ment of labor disputes anrl has ordered that it l»f immediately terminated; and that the strike was officially disavowed by William Green, president of the American Federation of Labor, who also called nyon Mr. Sorrell to terminate the unjustified work stoppage immediately ; and that this strike is being carried on in direct violation of the no-strike pledge of the American Federation of Labor. "You must also be aware that the producers are the victims of a jurisdictional quarrel between various American Federation of Labor unions and that the producers are powerless to settle this dispute. "After the many years of cooperative associatioi, with you and your organization, we deeply regret the necessity of such action. However, you leave us no alternative." On April 3, 1945, local 40 replied as follows : "Re your wire of April 2, tliis is to advise you that the members of local 40, IBEW, are not on strike, but are observing a basic principle of unionismrefusal to cross a picket line. When picket lines at studios are removed, our members will be glad to return to work. We, too, appreciate our cordial relations of the past and hope they will continue in the future." On April 4, the electricians (except certain men approved by pickets) refused to report for work, and that afternoon each nonreporting electrician was sent the following notice : "You are hereby notified th;it your employment is terminated. Such action is taken because of your failure to report for woi-k and perform services in accordance with your obligation so to do." On April 5 the employers sent the international and local 40 the following wire : "The undersigned producers hereby rescind and terminate the collective bargaining contracts now in effect between the undersigned producers and your union. Such action is taken by us by reason of your breach of your obligations under such contracts and the failure of your members to perform their services in accordance with such contracts." The electricians are still out. Yours very truly, Mr. Cobb (reading) : F. E. Pelton, Producers' Labor Administrator. New York, N. Y., February 26, 1945. Pat Casbtst, Chairman, Producers Committee, Hollywood, Calif.: We are taking appeal to NWLB from alleged award of arbitrator Tongue in screen set dressers matter pursuant to law and in accordance with expressed provision for right to appeal contained in that award. We have consistently maintained our position that neither the War Labor Board nor Tongtie had jurisdiction to decide the controversy involving attempt on part of local 1421 to encroach upon the established jurisdiction of lATSE or local 44 thereof. Accordingly we refused to participate in the hearing before the arbitrator. Moreover we deem his decision not only without jurisdictional basis, but wholly illegal and erroneous and exacted under the coercive threats of strike by local 1421 after local 1421 had instituted a lawful proceeding for certification of collective-bargaining representation before the propert tribunal, the National Labor Relations Board, and withdrew the same when we were permitted to intervene in order to conserve our jurisdiction. We represent set dressers. They are m-embers of our organization and we are the only accredited bargaining agent for these men as determined by the National Labor Relations Board. Under these circumstances we hereby notify you that if the producers take any steps by way of negotiating with or otherwise recognizing local 1421 as the bargaining agent for the set dressers, the instructions heretofore issued by us to local 44 will immediately be enforced directing propertymen of lATSE not to work with any set dresser who is not a member of the lATSE. Richard F. Walsh, International President, International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada.