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 511 of the change in affiliation. This was understood by local 1421 to be regarded as a mere legal formality required by attorneys for the producers. On July 28, 1944, such a letter was sent to the producers over the signature of the secretary and former president of the society. By reply dated August 10, 1944, the producers notified the society that they were not willing to recognize local 1421 until certified by the National Labor Relations Board and that until then the producers would continue to recognize the society. The society, however, had ceased to exist, except for "cultural" purposes and to retain and disburse its funds, which had not been turned over to local 1421. "10. On August 8, 1944, the producers advised local 1421 that as a formality it should be certified by the N. L. R. B., following which, on August 8, a petition was filed by local 1421 with that Board. On August 16, local 44 intervened in this proceeding. Local 1421 concedes that some decorators had cards with local 44, but only in order to work as property men when no work as interior decorators was available. On August 30, local 1421 withdrew its petition, claiming it to be an unnecessary step for the reason that there was no question of representation. "11. There is no evidence that after October 28, 1943, the producers ever actually dealt with the society as the bargaining representative for interior decorators. On the other hand, the producers, by a course of conduct gave de facto recognition to local 1421 as the bargaining representative for interior decorators, at least to the extent of hiring all decorators through local 1421, and to the extent of settling at least two grievances with local 1421 for interior decorators. Recognition also was granted to the extent that representatives of interior decorators were included on the union committee with which the producers met to negotiate a new contract and discuss wage rates for interior decorators. "12. On August 31, 1944, local 1421 notified the producers that it had withdrawn its N. L. R. B. petition, but stood ready to submit proof that it represented 100 percent of the former members of the society, enclosing a list of alleged members. In a reply dated September 13, 1944, the producers requested that local 1421 submit a description of the bargaining unit claimed by it to be appropriate. This was the first time that any reference to this point had been made by the producers. On September 14, local 1421 replied by enclosing a copy of the jurisdiction granted by its international union. By letter dated September 19, 1944, the producers notified local 1421 that they did not agree to the appropriateness of the bargaining unit suggested by local 1421 insofar as it would include interior decorators, did not recognize it as collective bargaining representative of the employees in that unit, and would not negotiate with local 1421 for interior decorators. Relations then deteriorated until a strike on October 5, 1944, following which the War Labor Board assumed jurisdiction upon certification by the Secretary of Labor. "13. On December 7, 1944, local 1421 filed a strike notice in accordance with the provisions of the War Labor Disputes Act. "14. On January 6, 1945, a strike vote was conducted among all of the employees of the producers over whom local 1421 claimed jurisdiction, including set decorators. The overwhelming majority of the voters voted in favor of permitting an interruption of work. "15. On February 17, 1943, a War Labor Board arbitrator Thomas H. Tongue, issued his award in which he held as follows : "'(1) In view of the past history of collective bargaining involving interior decorators between the producers and local 1421, including the transfer to local 1421 of the bargaining rights for such employees from the Society of Motion Picture Interior Decorators pursuant to its contract with the producers dated May 3, 1942, the producers and local 1421 shall proceed to operate under the terms of said contract and to negotiate either amendments to that contract or, if the producers are willing, an entire new contract including interior decorators with other groups operated by local 1421. " '(2) These conditions shall continue until either — " (a) The contract of May 3, 1942, together with any amendments agreed upon, or any agi'eement negotiated to supersede said contract has expired in accordance with its terms ; or " '(b) In the event of disagreement over the terms of such amendment or agreement, until the National War Labor Board has decided such terms and until such contract has then expired in accordance with its terms ; or '"(c) In the event that the National Labor Relations Board should assume jurisdiction to determine any question of representation, until a final determination is made by such Board of a different bargaining agency or unit ; or