Boxoffice (Oct-Dec 1939)

F&M Fires Eight Anti-Nick Men For Activity on Picket Line Exhibitors Offer Five Cent Pay Boost St. Louis — The labor committee of the local theatre owners representing 60 neighborhood houses in St. Louis and St. Louis county, have offered to grant a five cents an hour increase to about 300 employes who are members of Local B-2 of the lATSE, including cashiers, ticket takers, ushers and other service employes. The union, in demands submitted some weeks ago, csked an increase of 15 cents an hour. It is understood the offer of the theatre owners is contingent upon the withdrawal of pickets from the Bremen ond OTallon theatres, both of which are operated by the Kaimann interests. Members of the union now receive 35 and 40 cents an hour. Union officials have indicoted they will reply to the proposal early next week. Warner and Essaness Conclude New Deal Chicago — It’s a draw! In other words, both Warner and Essaness ended satisfactorily the temporary impasse they had come to over the 1939-40 deal. Boxoffice learns the Essaness deal calls for flat rentals on the top pictures based on what they could earn on percentage dates. And right after Essaness made its deal this week, other independent exhibitors — both circuit and otherwise — started to make deals with Tom Gilliam. The choice is up to the exhibitors: Either four pictures at 35 per cent and preferred playing time of Sunday, Monday and Tuesday, or flat rental computed on what Warner thinks the pictures would do. If the exhibitor plays them flat, he can play them any time during the week. And from early indications, it appears that it will be 50-50, with half playing the top four flat and the other half on percentage. Local deals are coming along fast now at RKO after a holdout spell by exhibitors, according to Jack Osserman, branch manager. RKO is selling “The Hunchback of Notre Dame” and one other film to be designated later as top percentage pictures. In concluding some contracts, RKO has agreed to sell these two separately, but on percentage. Meanwhile, all the other companies are cleaning up odds and ends. Continuing at the top are Universal, with over 400 deals in the city and country; Paramount, with well over 350; M-G-M, nearing the 370 mark; 20th Century-Fox, over 325, most of which are in the country. Columbia is well sold, too. Uhited Artists hasn’t put out much selling effort in the city as yet, although the B&K deal is expected to be closed within the next week. Warner and RKO are both well sold out-state. RKO Holds Wendy Barrie Hollywood — Wendy Barrie has been held for another year by RKO. St. Louis — The differences between the new anti-Nick administration of Operators Local No. 143 and the Fanchon & Marco interests were broadened when Fanchon & Marco Service Corp. discharged eight operators employed at the Ambassador and Missouri theatres because the men, while off duty, had participated in picketing the Fox Theatre, operated by F&M. In paid newspaper ads, reasons for the discharge of the men were given. The ad copy follows: “To Our Friends: Since October 5 last, several of our neighborhood theatres — and our Fox Theatre — have been subjected to mass picketing — the result of a factional dispute within Local 143. “Eight of the pickets who daily endeavor to dissuade patrons from entering our theatres, have been operators at our Ambassador and Missouri theatres — men drawing from us annual wages as fol lows: E. r. Hobbs $ 5,967.43 J. B. Caruso 5,953.57 C. W. Phillips 5,953.57 K. E. Campbell .5,967.43 W. Schaeffer 5,108.55 M. Barco 4,978.57 rf. Anthony 4,959.00 Robert Combs 4,968.24 Total waffes $43,856.36 “These men — and their wives — have picketed our theatres, urging non-attendance, yet have been drawing wages steadily from us of more than $100 per week. “We tolerated these men in their posts in the hope an amicable settlement with Local No. 143 could be made, but settlement is as far away today as it was on October 5. “We’ve had enough. These eight men, as of last night, have been dismissed, their top-flight salaries stopped. “All employes of our theatres have been and now are, members of unions affiliated with the American Federation of Labor. “We feel completely justified in our dismissal of these eight men. We have consistently tried to do the right thing in this dispute. Do you agree with our stand? Comments from you will be appreciated and will serve to guide us in our further steps. “Meanwhile, we thank you sincerely for your continued loyal patronage. “Fanchon and Marco Service Corp. “St. Louis Amusement Co. Theatres.” F&M Rests Suit for a Picketing Injunction Clayton, Mo. — ^Fanchon & Marco Service Corp. has rested its suit for an injunction to restrain picketing at the Fox and six St. Louis Amusement Co. houses, by Local No. 143. The injunction petition, naming executives of Local No. 143, alleges the picketing was begun in an effort to “extort” a contract which had been refused. C. B. Nelson, personnel director for F&M, said James A. McKeown" receiver for the union, called at Fanchon & Marco offices as a result of an invitation. “We told him of certain conditions in the union which needed changing and asked him to try to keep us out of the factional fight,” Nelson asserted. “We wanted the contract to permit us to transfer operators without reducing their salaries and also the right to classify operators so we would not have to pay more for their services than did independent operators of theatres of similar size.” Robert A. Roessel, attorney of the union, introduced a motion for dismissal of the suit, but Circuit Court Judge Julius R. Nolte said he wanted the defendants to produce evidence to show that the operators employed by Fanchon & Marco, who have been suspended by the new administration in Local No. 143, are with John P. Nick, international vice-president of the lATSE, who was removed from control of No. 143 last April. Roessel, in outlining the defense against the suits, said he planned to introduce witnesses to show that picketing was peaceful and not in violation of any laws, and also that the operators now employed by the theatres are Nick’s men. James F. Arthur, brother of Harry C. Arthur jr., president of Fanchon & Marco Service Corp. and attorney for the company, was the last witness called by the plaintiff. On cross-examination, he said the union had offered the Fox an operating agreement similar to that between the union and Loew’s to replace the contract that expired on August 31, last. He also stated that Roessel offered to have the Fox operators, who have been suspended by the union, re-instated if the agreement was accepted. In this connection, he said that Roessel had proposed that each of the suspended men be fined $25 by the union and that the organization would not oppose Fanchon & Marco paying the fines. Arthur said this was rejected because, if the company paid the fines, it would be an admission of blame for the dispute with the union. Will Seek Change of Venue By Recourse to High Court St. Louis — The faction of Local No. 143 friendly to John P. Nick, ousted boss of the union, proposes filing an application in the Missouri supreme court for a writ of mandamus to compel Circuit Judge Ernest F. Oakley to transfer the suit for a permanent receivership for the union to another court. The move follows Judge Oakley’s overruling of a motion for a change of venue on November 14. Nick Faction Moves to Preserve Union Funds Jefferson City — A number of members of Local No. 143 friendly to John P. Nick, who was ousted from control of the union by Circuit Judge Ernest F. Oakley of St. Louis last April, have filed an application in the Missouri supreme court for a writ of prohibition to restrain Judge Oakley from making any orders permitting use (Continued on next page) BOXOFFICE : : November 18, 1939 C 41