Boxoffice (Apr-Jun 1939)

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RIGHTS OF "IN MIDDLE" PARTY ESTARLISHED BY UNION INABILITY TO HALT FILM IN N. Y. Settlement Is Viewed as A Clean-Cut Victory For Distributors New York — Illegality of efforts by Local 306, projectionists union, to stop the flow of product to theatres employing operators other than 306 men is seen as establishing an important precedent in setting forth the rights of a third party, in this case the distributor, in a jurisdictional issue involving two unions. The issue was resolved in the New York strike which was settled at 11 p. m. Saturday night and marks a clean-cut victory for distributors. Second point scored by them is a contract covering projectionists at the home offices and exchanges and leaves 306 with only one satisfied demand. A 13-Day Walkout The strike ran 13 days. When it was called March 27, Local 306 insisted exchanges cut off their service to theatres using operators other than this union’s. Nicholas M. Schenck, George J. Schaefer, J. Robert Rubin and William J. Donovan hurried to Washington and conferred there with Thurman Arnold of the department of justice. Two investigators were assigned to check up and, in their findings, reported the strike illegal. The union, thereafter, persisted in its demands, not having received official instructions from the government. However, at a two-day session at the Hotel Astor, April 7-8, the jurisdictional angle, precipitated originally by 306’s campaign to dislodge the Empire union and replace Century and Cocalis houses employing Empire men with 306 men, was dropped. The meeting then turned to wages and hours for operators at home offices and exchanges. State Official Instrumental At the eight-hour Friday session and the 13-hour Saturday meeting, Commissioner Arthur S. Meyer of the State Mediation Board was chiefly instrumental in bringing about a harmonious understanding among the 20 home office executives and lawyers and ten union executives, including Joseph D. Basson, president of 306; Matthew Levy, attorney; Richard Walsh of the IA; Charles Bickman, secretary of the local; Dick Cancellire, Wallace Burns, Charles Keilhurn, Frank Ruddick, Joseph Kelbin and Richard Scott. Distributors for months had been trying to get a contract covering projectionists in home offices and exchanges without success. Pathe News six months ago signed an agreement and, at about the same time, operators at the 20th-Fox home office and laboratory walked out when their demands for increases were rejected. The strike was short lived and the increases granted. About 14 men were involved. Newsreels Make Separate Pact New York — Newsreel companies are included in the distributor-Local 306 agreement settling the local strike, but will negotiate a contract separately from that embracing home office and exchange operators. With the strike over there is a general sigh of relief. Home office screenings are back on schedule after a twoweek lapse and exchange booths are operating on a 35-hour-a-week basis as provided in the new contract. Under the terms of the contract agreed upon for home office and exchange operators, these men will be given back pay for the period from Sept. 1, 1937. The pact, which, in effect, is retroactive to that date, runs until Sept. 1, 1940. Increases under the contract vary from 5 to 15 per cent according to the companies involved. Columbia and Paramount have been paying 10 per cent from Sept. 1, 1937 and will now pay an additional five per cent. In the instance of 20th-Fox, the men will be given a five per cent hike and back pay retroactive from the time the last increase went into effect about six months ago. Virtually all other distributors are within the 15 per cent classification and also will give back pay to the men who have not received increases until this week. Original Demands Shaved Local 306 originally demanded increases of 10 and 10 per cent, but settled for 10 and five. The two men-in-a-booth and Empire angle did not enter into the Astor Hotel discussions. Neither did the wage scale for operators in theatres. Under the new scale, home office and exchange operators are receiving $87.50 whereas, in some cases, the men have been getting as low as $63.74 and as high as $84.15. The hour schedule has been reduced from 38 hours a week to 35 for five days a week. Distributors granted this concession because the majority do not use the men the extra three hours. With the settlement and signing of the contract, the wage scale is now uniform. Heretofore, the men at different companies received varying scales. In securing the increases and back pay, the union won its only demand. Night shifts at exchanges returned to work late Saturday night and home office projectionists reported back to work Monday. Lawyers were busy over the weekend rushing through the contract which was signed several days later. Loew’s was compelled to delay the opening of the Olympia, on upper Broadway, from Thursday to Sunday because of the strike. The theatre was taken over by the major circuit in a partnership deal in May Settle Vital Point In Jurisdictional Rows in Future volving the Stoddard which continues under Skouras management. Less than 50 operators will benefit by the increases and back pay adjustments. No figures are available on how much it will cost major companies because of the different increases along the line. Members of Local B-51 have also returned to their back room posts. This union, affiliated with the IA, joined the operators walkout when picket lines were established at exchanges. Each exchange service employee received $7.50 a week for the two weeks he was out, the local contributing $5 and the IA $10. The men met Wednesday at the Capitol Hotel and Lou Johnson, president, outlined conditions of the settlement. Threatened Theatre Pickets With the arguments focused on wages and hours for operators, the union delegates threatened to set up picket lines in front of theatres, contending the dispute came within the provisions of the Norris-La Guardia Act. The union delegation occupied suite 342, while distributors and attorneys deliberated in an adjoining room at the Astor with Commissioner Meyer acting as intermediary. Both union executives and distributors declined to comment on the settlement until the contracts were signed. Boxoffice, however, reached Commissioner Meyer at his home in Scarsdale Sunday when he said, “It was a ticklish situation and simply settled,” adding, “I am glad everything is over in so short a time.” Here For Meetings Joseph Bernhard flew in from the coast especially for the meetings. Also from the Warner organization were Gradwell L. Sears, Carl Leserman and H. I. Levinson, attorney. Representing 20th-Fox was William C. Michel. From Loew’s and M-G-M were C. C. Moskowitz, Marvin Schenck, Irving Greenfield, Mike Rosen and Tom Connors. Leslie E. Thompson represented RKO. Arthur Schwartz of Schwartz and Frohlich acted for Columbia. A. Montague attended the Friday session, but not the Saturday one. Harry D. Buckley, UA; Leonard Goldenson, Paramount, and Adolph Schimmel, Universal, rounded out the distributor representation. Supreme Court Justice Ferdinand Pecora has referred an application by the New York State Labor Relations board to punish the United Long Island Theatre Corporation, the Cross Island Amusement Corp., the Northern Amusement Corp., the Laurelton Amusement Co., the Linden Operating Corp., and the Merrick-Gabler (Continued on page 58-E) BOXOFFICE :: April 15, 1939 E 51