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)

2044 MOTION-PICTURE JURISDICTIONAL DISPUTES cent 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. 18. Testimony to establish the responsibility and professional nature of work by interior decorators was introduced by local 1421, showing the differences between their work and that of property men. A copy of the jurisdictiort granted to local 1421 by its international union^ including jurisdiction over interior decorators, was introduced in evidence as well as membei'ship cards purporting to show that all interior decorators had designated local 1421 as their bargaining representative. It was not denied that at least a majority of interior decorators were members of local 1421. 14. The charter granted in 1939 to local 44 Iby its international union gave it jurisdiction over property men and set dressers, and its contracts with producers included references to the emergency origination of set dressings by property men as well as the handling of all "props" and property men. There is no inconsistency, however, between the origination and designing of sets by interior decorators, except in emergencies, and the manual handling of "props" for such sets by property men. Evidence is conflicting on the question of the number of interior decorators with cards from local 44. No petition, however, has been filed or is now pending with tlie NLRB on behalf of local 44. OPINION 1. Acquisition of bargaining rights by local 11^21. Aside from any question of representation, as discussed below, it appears to be clear that local 1421 not only succeeded to the bargaining rights of the society under its contract with the producers, but also was given at least some degree of de facto recognition by the producers as the bargaining representative for interior decorators. It may be true, as argued by the producers, that the society did not "affiliate" with another labor organization in the strict sense of the word, since it retained its funds and continued in existence as a "cultural" organization. It is not disputed, however, but a majority of the interior decorators designated a different bargaining representative, as provided for in the first sentence of section 10 of the contract. This placed the burden upon the producers of either recognizing local 1421 as the successor to the bargaining rights or else of declaring the contract void. It is admitted by local 1421 that the company was entitled to notice of this change in bargaining representation. It may also be true that the producers were not required to take cognizance of notice given by local 1421, a stranger to the contract. But the producers do not deny that they did acquire knowledge of this change and by their silence and their entrance into negotiations with local 1421 without objection to the change, they are estoiiped now to object to the lack of adequate notice. Moreover, even after receiving formal notice from the society by letter dated July 28, 1944, the producers still did not and never have declared the contract void. Consequently, they are bound by its terms to recognize the successor to the society as the bargaining agent for interior decorators, aside from any question of representation. This conclusion is further supported by the fact that the producers, by dealing without objection with local 1421 as the representative of interior decorators to the extent of requesting the union to issue work permits for interior decorators ; meeting with a committee of local 1421, including representatives of interior decorators, and discussing wages for such employees ; as well as dealing with local 1421 in the .settlement of at least two grievances, accorded at least a substantial degree of de facto recognition to that union as the bargaining agent for interior decorators. Moreover, it is not denied that at least a majority of interior decorators are members of local 1421.