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)

24 MOTION-PICTURE JURISDICTIONAL DISPUTES I understand that your company has discharged 71 members of our membership because they requested you to conform to the interpretation as above referred to. I fail to understand why tlie studios you represent do not recognize the interpreted directive. That is the end of the wire. INIr. McCann. Who is that signed by? Mr. Kaiiane. Signed ''AVilliam R. Hiitcheson ;'' I think it is here, ]Mr. McCann. Thank you. No^Y, proceed with the statement. Mr. Kaiiane. In accordance with the award, so reaffirmed by the council, the producers assigned to members of the lATSE the erection or construction of sets on stages. This method of operation continued for 7 or 8 months after January 26, 1946, without any difficulty. However, on August 16, 1946, the controversy suddenly reopened. The carpenters' union advised the producers that the A. F. of L. arbitration committee had issued a so-called "clarification" of its December 26, 1945, award, in which it purported to define the w^ords "set erection" as meaning only "set assembly," and the carpenters' union demanded that the work of set construction thereafter be allocated exclusively to them. The producers were informed by other labor organizations that this so-called clarification, which was in fact a complete reversal of that part of the award, was the result of great pressure put upon the board of arbitrators by Mr. Hutcheson. Mr. McCann. Right there, sir, who was the board of arbitrators? Mr. Kaiiane. I think I can give you all their names. Felix H. Knight was the chairman. Mr. McCann. Wliom did he represent? Mr. Kaiiane. I think the barbers' union, but I am not sure. Mr. McCann. Barbers' union? Mr. Kahane. Or letter carriers. He may have represented the letter carriers. Mr. Price. The railway carmen. Mr. Kahane. He represented the railway carmen; W. C. Birthright, he was the barber; W. C. Doherty, postmen. Mr. McCann. Mr. Chairman, I ask permission to have subpenas served on this group. It seems to me that this is one of the most important groups involved in this whole controversy, and I would like to subpena all of them and have them come here forthwith and tell whether there has been any pressure put on them. Mr. Kearns. No objection. Mr. McCann. You will give me those names at the close. We are going to find out if a barber knows anything about carpentiy work. Proceed with your statement. Mr. Kahane. On August 31, 1946, the lATSE notified the producers that it considered the purported August 16, 1946 clarification a nullity inasmuch as it modified the December award which the lATSE, the carpenters' union, and the producers, had all agreed w^ould be final and binding; that the arbitrators once having issued a decision, had lost any power to reconsider or change that decision except by and with the agreement of all parties to the original agreement for arbitration; that the lATSE would not recognize such purported clarification and threatened economic action against the producers if any effect was given thereto. Counsel for the producers confirmed the validity of the legal position of the lATSE and pointed out the liabilities' that would result from carrying out the so-called clarification.