The film daily year book of motion pictures (1941)

14. The Guild shall forthwith appoint a committee and the producers shall forthwith appoint a committee to perform the functions specified in subdivision (g) and (h) of paragraph 3, subdivisions (h) and (j) of paragraph 5, paragraph 25, and paragraph 29 of this agreement. In default of agreement between the two committees the matters left open for clarification and further definition in said paragraphs shall be settled by arbitration 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 to be arbitrated under this paragraph shall be final and the conditions and definitions fixed by them shall become a part of this agreement from the date of the decision of the arbitrators, or from such date as they shall fix in said decision for the conditions and definitions to become effective. 15. The Guild agrees that during the term hereof it will not call or engage in a strike affecting motion picture production against any producer signatory hereto, and will order its members to perform their contracts with the Producers signatory hereto even though other persons or groups of persons are on strike. 16. A joint conciliation committee of four, two to be appointed by the Guild and two by the Producers shall sit within seven days after call to attempt to conciliate any dispute between any Producer and any actor with respect to which dispute arbitration is herein provided for. If conciliation fails all such disputes shall be settled by arbitration in accordance with the laws of the state of California, to be supplemented or modified by such rules as may be agreed upon by a committee to be appointed by the Producers and a similar committee to be appointed by the Guild. Pending the agreement of such committee the arbitration shall be by three arbitrators, one to be selected by the Guild, one other by the Producers, and the third to be chosen by the two first selected. In the event of the inability of the first two arbitators to agree upon the selection of the third, the third arbitrator shall be designated by the American Arbitration Association. It is_ understood that this agreement provides for arbitration only in the case of extras, stunt men, day players, and free lance players. Recognizing with respect to stock players and contract players the desirability of arbitration in connection with disputes not involving the right of termination of the contract or the right to injunctive relief, the joint committee provided for in paragraph 14 will endeavor to work out and recommend the adoption by the signatories of a proper basis for the arbitration of such disputes^ but such basis shall not be the subject of arbitration. The Guild and the Producers agree to cooperate in facilitating the prompt settlement of disputes without resort to the machinery provided for. in this paragraph. Any complaint may ,be prasented for any member of the Guild by the .Guild; , The Producers agree not to discriminate ■ in aiiy way against an actor presenting a complaint. 17. All future contracts entered into by the Producers shall, in so far as they are aiTected by any • of the provisions hereof, be deemed to include such ■applicable provisions for the benefit of the actors or Producers who are parties thereto. This contract may be referred to as the "Producer-Screen Actors Guild Basic Minimum Contact of 1937." 18. Nothing herein contained shall be construed to prevent any actor from negotiating with and obtaining from any Producer better terms than are herein provided for. 19. This contract does not apply to contracts now existing between the Producers and actors. Within sixty days after receipt by the Guild of the written notice provided for in paragraph 2 hereof any actor under such written contract who is or has become a member of the Guild may give the Producer written notice that he elects to come under the terms of this contract and thereupon he shall be subject to the terms hereof applicable to such contract and such terms hereof shall be deemed incorporated in the existing contract between the producer and the actor and shall supersede all conflicting provisions in said contract. Any actor notifying any Producer, pursuant to the provisions of this paragraph, of the actor's election to come under the terms of this contract, by such election agrees that any resignation from the Guild, or suspension or expulsion by the Guild, shall be equivalent to a failure, refusal or neglect on the part of such actor to comply with his existing contract with the Producer and shall give to the Producer the same rights and remedies as are provided in such existing contract in the event of failure, refusal or neglect by the actor to comply with his obligations thereunder. 20. This contract shall be ineffective for any purpose as to any corporate Producer until ratified by the Board of Directors of such Producer, except in the following respects, namely : (a) Subject to the qualifications hereinabove in paragraph 2 set forth, the Producer agrees that from and after the date hereof every contract it enters into with an actor for a period of twelve (12) weeks or more, or which gives the Producer an option on the services of the actor for a period of twelve (12) weeks or more, shall provide that the actor agrees that the actor shall be a member of the Guild in good standing and shall remain so for the duration of said contract. (b) Beginning June 1, 1937, the Producers shall operate under the terms of this contract. On or before June 10, 1937, each Producer shall notify the Guild in writing whether or not its Board of Directors has ratified this contract. If a Producer notifies the Guild that its Board of Directors has ratified this contract, then from and after such date the contract shall be in full force and effect, except that the June 1, 1937, commencement date of working conditions shall apply. If the Producer notifies the Guild that the Board of Directors has refused to ratify this contract, then immediately this contract shall be ineffective for all purposes. 21. Subject to the limitations hereinabove in paragraph 2 set forth, nothing herein shall be so construed as to prohibit the Guild from disciplining its members under rules and regulations to be established by it, but the imposition by the Guild of such discipline, shall in no manner or to any extent deprive the Producer of such rights as it may have under any contract with any player who may be subject to discipline or from enforcing the provisions thereof as against any such player. 22. With respect to all pictures in production on the date on which this agreement goes into eflfect, the Guild will issue all permits necessary to avoid interference with production. 23. This agreement shall be binding on the signatories hereto and all parties who by reason of mergers, consolidations, reorganizations, sale, assignment or the like shall succeed to or become entitled to a substantial part of the production business of any signatory. Each Producer agrees that its signature to this agreement shall likewise bind subsidiary and controlled companies engaged in the production of motion pictures to the terms cf this agreement. This agreement may be executed in any number of counte*T)art originals, each counterpart to have the same effect and all such counterparts shall be construed together as one agreement. 24. With respect to motion picture production in and around the city of New York, New York, by any Producer, such motion picture production shall be exempt from this agreement until the 728