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 1459 Mr. McCaxx. Didn't you know that the War Labor Board wired Sorrell on March 21,1945, that, and I quote, "This strike constitutes a flagrant disregard of labor's no-strike pledge to the President and of the procedures established for the peaceful settlement of labor disputes in time of war?" Mr. LiNDELOF. I was fully aware of that telegram. Mr. McCanx. Didn't you on March 13,1945, as international presi- dent of the brotherhood of painters, issue instructions that all strikers return to work? INIr. LiNDELOF. I believe that was previous to the time that I issued the order and sanctioned the strike. Mr. McCann. Didn't you notify the War Labor Board to that effect ? Mr. LiNDELOF. I did. Mr. ISIcCann. I show you this telegram to Mr. Walsh from the War Labor Board and ask you whether you didn't receive a similar tele- gram on March 21,1945 ? I am now reading the telegram: The following telegram today sent to Herbert Sorrell, president, Conference of Studio Unions, and Edward Mussa, business representative. Local 1421, Set Designers, Decorators, and Illustrators, A. F. of L.: "Re Association of Motion Picture Producers and Local 1421 of the Brotherhood of Painters, Decorators and Paperhangers of America, A. F. of L., and Local 44 of the International Alliance of Theatrical Stage Employees, A. F. of L., the National War Labor Board is advised that members of the Set Designers, Decorators and Illustrators, Local 1421, of the Brotherhood of Painters, Decorators and Paperhangers of America, A. F. of L., employed by the major motion picture producers in Hollywood, are continuing a strike which started on March 12, 1945. This strike constitutes a flagrant disregard of labor's no-strike pledge to the President and of the proce- dures established for the peaceful settlement of labor disputes in time of war. The afore-mentioned case was certitied to the National War Labor Board on October 11, 1944, by the Secretary of Labor as a jurisdictional dispute between Local 1421 of the Brotherhood of Painters, Decorators and Paperhangers of America, A. F. of L., and Local 44 of the International Alliance of Theatrical Stage Employees, A. F. of L. "In accordance with the past practice of the Board the dispute was referred to the labor members of the Board for adjustment. As the dispute was not settled by the labor members it was referred to the president of the American Federation of Labor and to the presidents of the two international unions for settlement. Upon being advised that the dispute had not been settled as a result of this referral in accordance with its established policy with i-espect to jurisdictional disputes an arbitrator was appointed on January 26, 1945; the painters were advised that Mr. Thomas Tongue had been appointed arbitrator. After a public hearing where the parties were afforded an opportunity of presenting evidence and arguments in support of their respecting positions, Mr. Tongue on February 17, 1945, issued his award. Petitions for i-eview of the award have been tiled with the Board by the producers and Local 44 of the International Alliance of Theatrical Stage Employees; the petitions for review of the arbitrator's award were on the Board's agenda the week of March 12 for preliminary determination as to whether or not the award presented a reviewable issue. Your union en- gaged in a work stoppage during that week thereby preventing the Board from acting on the petitions. "On the day of the strike. The Board advised the parties that it had voted not to take any action with respect to the petitions wliile tlie strike was in progress. The Board also stated that after it had been notified of the termina- tion of the strike it would proceed to consider the petitions for review of the arbitrator's award. On March 1.3, 1945, 'Sir. Lindelof, your international presi- dent, issued instructions that all strikers be returned to work. These instruc- tions have not been followed. Now therefore pursuant to the powers vested in it by Executive Order 9017 of January 12, 1942, the Executive orders, directives and regulations issued under the act of October 2, 1942, and by the W^ar Labor Disputes Act of June 25, 194.3, tlie National War Labor Board directs that the strike be terminated immediately and that the Board be advised accordingly." George W. Taylor, Chairman, National War Labor Board.