International projectionist (Oct 1931-Sept 1933)

30 INTERNATIONAL PROJECTIONIST July-August 1933 International Photographer — is a finely printed and beautifully illustrated monthly magazine owned by the West Coast Cameramen's Union. In all matters concerning the professional motion picture photographers of the country it is the official organ. It is designed to appeal to amateur followers of 16mm. cameras as well as to the most advanced technicians. The columns of the magazine recognize the close relationship between the photographer and sound recorder. If your news or kodak dealer does not carry the magazine on its counters write for a sample copy to INTERNATIONAL PHOTOGRAPHER SILAS E. SNYDER, Editor 1605 North Cahuenga Avenue, Hollywood, Calif. 25 cents a copy ^3 the year Eastern Representative: James J. Finn, 580 Fifth Ave., New York ing such membership held as follows: "Such membership is a privilege which the association may accord or withhold at its pleasure; and a Court of Equity has no jurisdiction to compel the admission of a person not regularly elected, even though, as in the case of a political organization or labor union, the arbitrary rejection of a candidate may prejudice his material interests." In this connection, see also White against Brownell (2 Daly's 329, 337-8) and Polin against Kaplan (257 N. Y. 277, 281-2). No Assessment Refund With reference to the alternative relief demanded the plaintiffs urge that should the Court deny their application for membership in Local 306, they are entitled to a return of all of the initiation fees, security deposits and assessments paid by them. As to the weekly assessments, the evidence convinces me that the plaintiffs at all times knew their status to be that of "permit men", that they knew they were not accorded the same rights and privileges as regular members because of such status, and that they paid their weekly assessments under their "permit men's agreement", for the privilege of securing employment under Union auspices, which they could not otherwise obtain. Several of the plaintiffs freely admitted that they had been employed as "permit men" for a number of years and are still employed without interference from the Union. Plaintiffs are not, therefore, entitled to a return of such assessments. As to the sums of money paid by way of initiation fees and security deposits, a different situation arises. Since the change in administration in Local 306 was effected, the International Alliance has adopted a resolution abolishing the classification of "permit men" and the plaintiffs are now designated as apprentices.! Plaintiffs have applications for membership ending for varying periods in Local 306 which have not been acted upon by that body. In equity and good conscience, the Court directs that before any new members are admitted to Local 306 the applications of these plaintiffs should be disposed of in the following manner: Fees, Deposits, Admissions (1). — Such plaintiffs as do not desire their applications for membership to be acted upon by Local 306 may withdraw the same and thereupon receive from such Local all payments on account of initiation fees and security deposits less any offsets by way of claims against the deposits or unpaid assessments; (2). — Such plaintiffs as do not desire to withdraw their applications for membership are entitled upon compliance with the requirements as to initiation fees and deposits, to have the same acted upon by the Local before any new members are admitted thereto. In 'the event of unfavorable action thereon, they are entitled to a return of all moneys deposited by way of initiation fees and security deposits, less any offsets by way of claims against such security deposits or unpaid assessments. The judgment to be submitted herein should contain a provision restraining and enjoining the defendants, their officers, agents, servants and members, from accepting into the membership of Local 306 any new members thereof or designating any additional apprentices thereof until the applications of the plaintiffs have been acted upon as above indicated. The judgment should further provide that the defendants, their officers, agents, servants and members be enjoined and restrained from withdrawing or removing any funds deposited to the account of the defendant Local 306 or any other account, for and in behalf of or in trust for plaintiffs herein, until such time as the applications of these plaintiffs have been disposed of and acted upon as above indicated. Except as herein indicated, the injunction fendente lite heretofore granted is hereby vacated. Submit judgment and findings on notice in accordance herewith. Dated July 11, 1933. [iNote: This statement is in error, of course, as legislation abolishing the "permit man" status was passed at the I. A. General Convention in Columbus in June, 1932, and Harry Sherman did not assume office as president of Local 306 until February 11, 1933. — Editoe.]