posted 12-08-2005 10:30 AM                       

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Letters : Published December 7th, 2005 News & Opinion

YOU LEFT BEFORE THE ENDING
In an article that appeared in your Nov. 23 edition (“Project This,” City Chatter), James Renner reported on only a portion of a recent ruling that the National Labor Relations Board made in a matter between Local 160, the union that represents projectionists, and several theaters operated by Cleveland Cinemas. What was not reported in the article was that the NLRB ruled in favor of Cleveland Cinemas and its decision to eliminate the position of “dedicated projectionist.”

We are very pleased that the judge recognized that our decision to eliminate all of the outmoded dedicated projectionist positions at Chagrin Cinemas, the Cedar Lee Theatre, Shaker Square Cinemas and Tower City Cinemas was based upon legitimate business reasons and entirely lawful. As the judge himself noted, there was no evidence that our elimination of the dedicated projectionists had any negative impact on the quality or timeliness of our presentations. We are certain our loyal patrons would agree.

We also find it ironic that the only thing for which the judge criticized us was for failing to unilaterally impose our alternative service technician proposal on the union over the union’s strenuous objection. Had the union been willing to accept our service technician proposal when we first proposed it during our negotiations (as the union had with one of our major competitors), this whole case would never have been necessary. In that regard, we respectfully disagree with the judge’s ruling and intend to exercise our right to seek review before the full National Labor Relations Board. We remain confident that, in the end, our position will be fully vindicated.

In the meantime, we look forward to continuing to serve the Greater Cleveland area by showcasing the best in motion picture entertainment, including films from around the world that you won’t find at other local movie theaters

Jonathan R. Forman
Cleveland Cinemas

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posted 12-08-2005 10:51 AM                       

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...outmoded dedicated projectionist positions...

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Skilled people that assure presentation quality are never "outmoded", at least not if they are dedicated to maintaining their technical skills and learning new technology. The best of equipment can fail, and certainly presentation quality needs the "human touch" regardless of the technology being used.

posted 12-08-2005 02:26 PM                    

quote: John Pytlak

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and certainly presentation quality needs the "human touch" regardless of the technology being used.

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posted 12-08-2005 05:03 PM                    

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As the judge himself noted, there was no evidence that our elimination of the dedicated projectionists had any negative impact on the quality or timeliness of our presentations.

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posted 04-08-2006 10:35 AM                       

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NOTICE: This opinion is subject to formal revision before publication in the bound volumes of NLRB decisions. Readers are requested to notify the Executive Secretary, National Labor Relations Board, Washington, D.C. 20570, of any typographical or other formal errors so that corrections can be included in the bound volumes.

Cleveland Cinemas Management Company, Ltd. and International Alliance of Theatrical Stage Employees of the United States and Canada, Local 160



Cleveland Cinemas Management Company, Ltd., Cleveland Cinemas, LLC, Shaker Square Cinemas LLC, and Cedar-Lee Theatre Company, Single Employer and International Alliance of Theatrical Stage Employees of the United States and Canada, Local 160. Cases 8-CA-34971-1 and 8-CA-35072-1

March 31, 2006

DECISION AND ORDER

By Chairman Battista and Members Liebman
and Walsh

On November 10, 2005, Administrative Law Judge Martin J. Linsky issued the attached decision. The Respondent filed exceptions and a supporting brief, the General Counsel filed an answering brief, and the Respondent filed a reply brief.

The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

The Board has considered the decision and the record in light of the exceptions1 and briefs and has decided to affirm the judge’s rulings, findings,2 and conclusions and to adopt the recommended Order as modified and set forth in full below.3

ORDER

The National Labor Relations Board orders that the Respondent, Cleveland Cinemas Management Company, Ltd., Cleveland Cinemas, LLC, Shaker Square Cinemas LLC, and Cedar-Lee Theatre Company, a single employer, Cleveland, Ohio, its officers, agents, successors, and assigns, shall

1. Cease and desist from

(a) Failing to bargain in good faith with the Union, International Alliance of Theatrical Stage Employees of the United States and Canada, Local 160, as the representative of the employees in the appropriate unit described below, by unilaterally implementing a proposal at impasse that is different from its last, best offer to the Union.

(b) In any like or related manner interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them by Section 7 of the Act.

2. Take the following affirmative action necessary to effectuate the policies of the Act.

(a) On the Union's request, bargain in good faith with the Union as the exclusive representative of employees in the following appropriate unit:



All employees employed by the Respondent at its Tower City, Shaker Square and Cedar Lee motion picture theaters as moving picture machine operators and projectionists, but excluding managers, assistant managers, chiefs-of-staff, chief ushers, concession attendants, ushers, doormen, ticket sellers, maintenance crews, cleaners, guards, supervisors and all other employees.



(b) Within 14 days from the date of the Board's Order, offer the projectionists whose jobs were eliminated on June 1, 2004, full reinstatement to their former jobs or, if those jobs no longer exist, to substantially equivalent positions, without prejudice to their seniority or any other rights or privileges previously enjoyed.

(c) Make the projectionists whole, with interest, for any loss of earnings and other benefits resulting from the Respondent’s unlawful implementation of the elimination of their positions. Backpay shall be computed in the manner prescribed in F.W. Woolworth Co., 90 NLRB 289 (1950), with interest to be computed in the manner set forth in New Horizons for the Retarded, 283 NLRB 1173 (1987).

(d) Within 14 days from the date of the Board's Order, remove from its files any reference to the unlawful elimination of the projectionist positions, and within 3 days thereafter, notify the projectionists, in writing, that it has done so and that it will not use the elimination of the projectionists’ positions against them in any way.

(e) Preserve and, within 14 days of a request, or such additional time as the Regional Director may allow for good cause shown, provide at a reasonable place designated by the Board or its agents, all payroll records, social security payment records, timecards, personnel records and reports, and all other records, including an electronic copy of such records if stored in electronic form, necessary to analyze the amount of backpay due under the terms of this Order.

(f) Within 14 days after service by the Region, post at its facilities in Cleveland, Ohio, copies of the attached notice marked “Appendix.”4 Copies of the notice, on forms provided by the Regional Director for Region 8, after being signed by the Respondent’s authorized representative, shall be posted by the Respondent and maintained for 60 consecutive days in conspicuous places including all places where notices to employees are customarily posted. Reasonable steps shall be taken by the Respondent to ensure that the notices are not altered, defaced, or covered by any other material. In the event that, during the pendency of these proceedings, the Respondent has gone out of business or closed the facility involved in these proceedings, the Respondent shall duplicate and mail, at its own expense, a

copy of the notice to all current employees and former employees employed by the Respondent at any time since June 1, 2004.

(g) Within 21 days after service by the Region, file with the Regional Director a sworn certification of a responsible official on a form provided by the Region attesting to the steps that the Respondent has taken to comply with this Order.

Dated, Washington, D.C. March 31, 2006

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posted 04-08-2006 11:19 AM                       

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including films from around the world that you won’t find at other local movie theaters

Jonathan R. Forman
Cleveland Cinemas

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posted 04-08-2006 03:36 PM                       

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Until the mid-1970s, Cleveland was something of a wasteland for people interested in film. Foreign films played in just one commercial theater, the Heights Art Theater. But things changed in 1976 when Jonathan Forman decided to put together a film festival. Forman had come to Cleveland to study architecture at Case Western Reserve University. He changed his major to speech and communications and began working at the student-run CWRU Film Society. A friend, who owned an ad agency, suggested that Forman do what he loved and put on a festival. By the third year, the festival had grant money from both the Cleveland and the Gund foundations, and a full-time staff of three, plus Forman and lots of volunteers. They mounted a 30-day festival. Eventually the festival settled down to its current span of 10 days, and in 1991 it moved from the Cedar Lee to the Tower City theaters. Soon the Cleveland Film Society board, uncomfortable with Forman's dual role as a theater businessman and director of a nonprofit arts organization, named David Wittkowsky executive director.

Today, he says, "I'm just the founding director, and all I do is answer the occasional question from David."

"Just" the founder is hardly the way most film lovers in Cleveland would put it. The Cleveland Film Society offers education and outreach programs in addition to the annual festival. "As much credit as I will be happy to take for founding the festival, there were an awful lot of people who worked together to get it going," Forman said. "We have created this monster, but it's a nice monster."

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Cleveland Cinemas was created in 1977 when founder and current president Jonathan Forman purchased the Cedar Lee Theatre.

First opening its doors in 1926 as an 1,100 seat, single-screen theater, the Cedar Lee Theatre was transformed into a twin-screen theater in 1983 to compete with the increasing number of multiplexes and to meet the demand to play an ever growing number of specialty films. Two Hollywood-style screening rooms were added in 1991 - allowing guests to the theater to enjoy truly specialized films. Finally in 1994 two modern stadium-style theaters were added to bring the current screen count to six.

For more than two decades the words "Cedar Lee Theatre" and "specialty film" have been synonymous in Cleveland. Ushering in an era when specialty film would transcend art-house appeal, and coupled with its unique concession stand -- the first to offer baked goods, sandwiches, specialty coffee drinks, and imported beer and wine -- the Cedar Lee Theatre continues to be the movie theater of choice for many Greater Clevelanders.

From 1985 to 1995, Cleveland Cinemas operated the Center Mayfield Theater, also located in Cleveland Heights. The Center Mayfield Theater -- the first discount theater in Cleveland where guests could see a relatively recent release for a just $1 -- thrived for many years prior to the advent of video rentals and cable television. In addition, Cleveland Cinemas operated the Berea Theatre which flourished for five years, offering west-side residents a revitalized neighborhood theater as well as innovative programming.

In 1998, Cleveland Cinemas undertook operations and management of Tower City Cinemas, located at Tower City Center. The only multiplex in downtown Cleveland, this eleven-screen theater opened in 1990, as part of the major redevelopment of Tower City Center by Forest City Enterprises. Tower City Cinemas offers guests the opportunity to see all of the latest Hollywood releases, as well as signature specialty films. With first class projection and presentation Tower City Cinemas is the current site of the Cleveland International Film Festival.

In December 2000, Cleveland Cinemas opened the new Shaker Square Cinemas located at the historic Shaker Square in Cleveland. Meticulous renovation of the former Colony Theatre features six new state-of-the art theaters feature stadium seating, ergonomically engineered Australian high back chairs with moveable armrests with cupholders, and digital sound for a satisfying movie-going experience. The restored lobby includes a new concession stand complete with all of the "usual suspects", specialty coffee, food, and beverages.

The growth continued into 2002. Cleveland Cinemas was asked to take on management and operations of a first-run theater in Brunswick. Hickory Ridge Cinemas is a popular neighborhood theater with 8 screens, and continues to show first-run Hollywood films.

In 2004, Cleveland Cinemas added two more locations to their theater family. In April, Cleveland Cinemas took over the management of Chagrin Cinemas, a 14-screen movie theater located east of Chagrin Falls on route 422 in Bainbridge. The area on East Washington street is an entertainment center in Bainbridge, with the multiplex nestled in between an enclosed golf dome with miniature golf and a popular family restaurant. Chagrin Cinemas even boasts a party room available to rent for birthday parties and other special events. Arcade games and a concession stand stocked with every moviegoer’s favorite snacks round out the offerings at this friendly movie theater.

The second addition came in October of 2004 when Cleveland Cinemas took over management of Solon Commons Cinema 16, previously managed by Regal Cinemas since 1991. With 16 screens and a new name, Solon Cinemas becomes the largest multiplex in the Cleveland Cinemas theater chain. Located off of Aurora Road near the Harper Road exit on 422, Solon Cinemas will see some new additions to the concession stand, which will feature all of the usual favorites plus fresh baked pastries and cookies, specialty coffee drinks, juices and bottled waters. Other changes under consideration include a new concession stand, improved seating and the installation of several digital projection systems.

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The first Cleveland International Film Festival (CIFF) was organized by Jonathan Forman and presented April 13 – June 2, 1977. Eight films from seven countries were shown at the Cedar Lee Theatre in Cleveland Heights over an eight-week period. Presented as a subscription series, the first CIFF received substantial media attention, and attendance indicated that Clevelanders wanted a broader schedule.

By its third year, the CIFF had grown to include feature films from around the world, children’s films, retrospectives, and short subjects. A Board of Trustees — consisting of community leaders, film scholars, and film enthusiasts — was assembled to oversee the mission, funding, and growth of the CIFF.

By its fifth year, the CIFF had developed a network of screening locations, establishing itself within the Greater Cleveland arts community as an eagerly awaited annual event. Fund raising was enhanced through the generosity of The George Gund Foundation and The Cleveland Foundation, and educational efforts were strengthened as a result.

In 1986 the CIFF moved its Opening Night to the Ohio Theatre in Playhouse Square, adding to the excitement and appeal of the event. Guest filmmakers regularly attended the Film Festival to introduce their films and answer audience questions. And a fall program of international films became an annual part of the organization’s presentations for a number of years.

In January 1991, the Board of Trustees voted unanimously to move the Film Festival from the Cedar Lee Theatre in Cleveland Heights to Tower City Cinemas in downtown Cleveland, making the event more accessible to film lovers from throughout the region. During its first year downtown, the Festival’s attendance (14,000) fell slightly. But by 1995 attendance had grown to 23,000. And in 1998 the Festival experienced its greatest one-year increase in attendance: a jump of 16% resulted in 32,000 admissions. At the 28th CIFF in March 2004, there were more than 39,000 admissions.

At its meeting in January 1991, the Board of Trustees of the Cleveland International Film Festival also voted to change the name of the organization to the Cleveland Film Society (CFS). The purpose of the change was to reflect the evolution of the organization’s mission.

Today the Cleveland International Film Festival is the flagship event of the organization, though certainly not its sole function. Year-round programs and services include Film Feasts (mini-fundraising events), film appreciation classes, and membership activities.

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posted 06-29-2006 01:47 PM                       

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Union Buster
Theater owner cited for felonious lack of imagination.
By First Punch
Article Published Jun 28, 2006

Cleveland Cinemas owner Jon Forman isn't the sharpest knife in the drawer. In 2004, he decided to get rid of union projectionists at three of the theaters he runs -- Shaker Square, Tower City, and the Cedar Lee. But a clause in the contract said projectionists could only be replaced by "managers." So Forman made everyone a "manager," including that 16-year-old stoner who butters your popcorn.

Since the scam entailed a felonious lack of imagination, it wasn't likely to have a long shelf-life. But at least it allowed Forman to cut wages in half -- for the time being.

Two years later, however, the union-busting maneuver has boomeranged. And it's coming back to smack Forman.

Last November, an administrative judge ruled that Forman acted illegally. So he appealed to the National Labor Relations Board in Washington, D.C. In March, the three-member panel brought the hammer down on Forman. They ordered him to reinstate all fired employees and provide them back pay and benefits, plus interest. Union chief John Galinac estimates that Forman's final tab will surpass $270,000.

Still, Forman insists on throwing good money after bad. Three months after the decision, he still refuses to sit down with Galinac at the bargaining table, and his lawyers have filed yet another motion to contest the ruling. (He also ignored calls from Punch.)

"He's the kind of guy that keeps hiring lawyers until he gets the right decision," says Galinac. Meanwhile, his tab just keeps getting bigger.

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posted 08-01-2006 02:51 PM                       

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Movie Maven
July 25, 2006
This summer, we're beginning an occasional series about Ohioans and their work. To kick it off, we'll spend a little time with the man who has been bringing movies to the masses in Cleveland for almost three decades.

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posted 05-12-2007 03:15 PM                       

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Cleveland Cinema, projectionists agree to settle dispute
Saturday, May 12, 2007
Patrick O'Donnell
Plain Dealer Reporter

A three-year fight between a local chain of movie theaters and a projectionists union has ended with them agreeing that Cleveland Cinemas does not need to use professional projectionists in its theaters.

The theaters also have paid $115,000 to the projectionists and the union to settle the dispute.

Cleveland Cinemas and the International Alliance of Theatrical Stage Employees have fought since the chain laid off five projectionists from its Cedar-Lee, Shaker Square and Tower City movie theaters in 2004.

Theater management now has other employees run the projectors in addition to other duties, a practice the company says is more efficient and saves money given the ease of using today's projectors. The chain's other three theaters also do not use projectionists.

Union officials say the company is anti-union, was not dealing with them in good faith and is still unfairly trying to exclude jobs from union protection.

After the union filed complaints with the National Labor Relations Board in 2004, an administrative judge ordered the theater to hire the projectionists to repair and maintain the equipment if they are no longer needed as projectionists. Last March, the NLRB told the chain to rehire the projectionists in their old jobs or equivalent ones.

Last month, the union and theaters, through negotiations with the NLRB, agreed that the union would drop the case in return for Cleveland Cinemas paying the five projectionists $95,000 in back wages and paying $10,000 each to the union's pension and welfare funds. The theaters do not have to rehire the employees.

Cleveland Cinemas lawyer Stephen Markus said eliminating projectionists was a needed step - much like eliminating elevator operators years ago - that the company wanted to maintain. He said Cinemas president Jon Foreman chose to pay the workers to end the case instead of paying more legal fees.

John Galinak, business agent for Local 160, said the union wanted benefits for the five employees and will now focus on including more theater employees in the union.

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