Walt Disney Productions, Employer And International Alliance Of Theatrical Stage Employees And Moving Picture Machine Operators Of The United States And Canada, A. F. L., Petitioner, 121 (1948)

In the Matter of WALT DISNEY PRODUCTIONS, EMPLOYER and INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES AND MOVING PICTURE MACHINE OPERATORS OF THE UNITED STATES AND CANADA,

1. F. L., PETITIONER Case No. 21-R-3999.-Decided February 11, 1948 Mr. Bonar Dyer, of Los Angeles, Calif., for the Employer.

Messrs. Michael G. Luddy and R. W. Gilbert, both of Los Angeles,

Calif., for the Petitioner.

Mr. E. W. White, of Los Angeles, Calif., for the Intervenor.

DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Los Angeles, California, on December 1, 1947, before George H. O'Brien, 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 the case, the National Labor Relations Board 1 makes the following:

FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER Walt Disney Productions, a California corporation, is engaged in the production of motion pictures and animated cartoons at its studio in Burbank, California. The Employer's annual purchases of raw material exceed $100,000, of which over 75 percent represents shipments from points outside the State of California. Its annual production is valued in excess of $100,000, of which over 75 percent represents sales to points outside the State.

The Employer admits and we find that it is engaged in commerce within the meaning of the Act.

SPursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members [Houston, Murdock, and Gray].

2. THE ORGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer.

   International Association of Machinists, herein called the Intervenor, is a labor organization claiming to represent employees of the Employer.

3. THE QUESTION CONCERNING REPRESENTATION In April 1942 the Employer and the Intervenor executed a collective bargaining agreement covering the employees involved herein.

   This agreement was terminated in accordance with its terms on March 26, 1947, at the request of the Employer. On that date, the Petitioner notified the Employer of its claim to represent these employees. The Employer, however, indicated that it would not recognize either labor organization as the exclusive bargaining representative...