Year book of motion pictures (1941)

II. In respect to paragraph 27 concerning general right of termination, in every case of termination of the contract prior to the commencement of the term, the Producer shall be liable for compensation during the minimum guaranteed period, but if the player receives other employment during such period, the compensation received by the player from such other employment shall be applied in reduction of the Producer's liability. Said contract shall be changed accordingly. III. With respect to paragraph 31, the rules of the Academy therein specified shall not apply, but the corresponding rules of this contract with respect to day players shall apply. Said contract shall be modified accordingly. IV. With respect to free lance players receiving less than $200.00 per week, the player shall receive straight pay for overtime in excess of fifty-four hours worked in any week, beginning with the commencement of the contract, and continuing from week to week, and prorated in case of a pro rata week. The overtime shall be paid on the basis of l/48th of the weekly salary for each hour or fraction of an hour worked in any week in excess of 54 hours, and in case of a pro rata week the 54 hours shall be prorated accordinly. Hours of work shall be computed in accordance with Rule 2(a) on page 8 of the Academy Bulletin of February 11, 1935, which rule has been previously incorporated herein for day players. Nothing herein, however, shall limit the free lance player's right to a twelvehour rest period and to holidays as granted by paragraphs 18 and 19 of page 6 of said Academy Bulletin of February II, 1935, and incorporated herein. The rights grranted hereunder are additional and cumulative. Said contract shall be modified accordingly. V. The heading of said contract shall be changed to read as follows: "Screen Actors Guild Minimum Contract for Free Lance Players — Continuous Employment — Weekly Basis — Weekly Salary — One Week Minimum Employment." In bold face type at the top of the contract shall be printed the following: "The actor may not waive any provision of this contract without the written consent of the Screen Actors Guild." 7. Reasonable access shall be afforded the Guild to the records of the Call Bureau or to any similarly constituted substitute owned or controlled by any Producer therefor. 8. The Producer agrees that every contract hereafter entered into with a stock player shall conform to the following rules and contain in substance the following terms, which shall be a part of such contract whether or not contained therein : (a) The minimum rate of salary for stock players shall be $50.00 per week. (b) Return transportation shall be furnished the stock player, if brought to California from outside the stater, if his salary is less than $75.00 a week, if he does not secure other employment in or about Los Angeles, California, and if his return trip is commenced within fifteen days after the termination of his employment by the Producer. (c) Where a contract to employ a stock player has been executed, the player shall not be required to work without compensation after the date of the execution of the contract or after the commencement of employment thereunder. This includes a prohibition against free tests for stock players after the date of the execution of such contract or after the commencement of employment thereunder. Option test agreements are not to be construed as contracts to employ. (d) The suspension period specified in the "Acts of God" clause of stock player contracts shall be limited to four weeks; provided, however, that Producers shall have the right to continue such suspension from week to week not exceeding eight additional weeks at one-half salary. (e) The cancellation period specified in the illness clause shall not be less than a period or aggregate of periods of three weeks per year. (f) Lay-offs shall be for at least one consecutive week, subject to recall for retakes and added scenes. Any lay-off period falling at the end of a contract period may be for a shorter time. 9. Every contract hereafter entered into by a Producer with a contract player shall embody the substance of subparagraphs (e) and (f) of paragraph 8 hereof, and such terms shall be deemed to be contained therein whether so specifically incorporated therein or not. 10. No Producer shall after the termination of the player's employment prevent such player from continuing the use of any stage or screen name used by such player. The name of a role owned or created by the Producer, such as Tarzan or Charlie Chan, belongs to the Producer and not to the actor. 11. Stock players and term contract players, if required to render services on New Year's Day. Decoration Day, July Fourth, Labor Day, Thanksgiving Day or Christmas, or if required to render services on either the Sunday immediately preceding or the Sunday immediately succeeding any usch holiday shall be entitled to an additional onesixth of the weekly rate. The foregoing, however, shall not apply to stock players or contract players whose compensation is paid to them on a picture basis, or whose contract provides the maximum number of pictures in which such actor can be employed per year or other specified period. 12. The Producers agree that no waiver by any actor of any term of this contract shall be requested of the actor or effective unless the consent of the Guild to the making of such request and such waiver is first had and obtained. Such consetit may be oral but the Guild agrees that all oral waivers will be confirmed by it in writing. The Guild further agrees that upon being notified by any Producer that a company is going on location, it will appoint a deputy to be with the company on location, with full power to grant such waivers. The Guild further agrees that it will maintain a twenty-four hour service at Los Angeles, California, for the giving of waivers in accordance with the provisions of this paragraph. 13. The term of this contract shall be ten year? from the date hereof. On April 1st of each calendar year during this contract, commencing in 1938, a meeting will be held at Los Angeles, California, between a committee to be appointed by the Guild and a committee to be appointed by the Producers. The said committees shall at said meeting discuss such modifications of this agreement as may be suggested by either committee, and submit recommendations to the Guild and to the Producers, and if such recommendations are concurred in by the Guild and the Producers, they shall become a part of this contract. If the committees cannot reach an agreement, either committee may demand arbitration on the following subjects, and on the following subjects only, namely: (a) Minimum salaries for extras, day players, stunt men and stock players. (b) Hours of labor for actors receiving $500.00 a week or under. This includes actors employed by the day receiving $83.33 per day or under. The arbitration shall be by a Board of three arbitrators, one chosen by the Guild, one by the Producers and the third jointly chosen, and in default of agreement the third arbitrator shall be chosen by the Board of Directors of the American Arbitration Association. The decision of the arbitrators on the subjects hereinbefore permitted to be arbitrated shall be final and the conditions imposed by such arbitration relating to such subjects shall become a part of this agreement from the time of the decision of the arbitrators, or from such time as the arbitrators shall decide that they shall become effective. 727