Year book of motion pictures (1941)

Guild establishes a New York office, at which time it will come under the terms of this agreement. 25. The operation of this agreement shall be limited to motion picture production within the territorial limits of continental United States of America exclusive of Alaska, provided, however, that the committees provided for in paragraph 14 shall attempt to work out rules covering motion picture production outside the United States of America by any Producer and if the committees cannot agree the matter shall be settled by arbitration and the agreement of the committees or the decision of the arbitrators shall become a part of this agreement in like manner as provided in paragraph 14. 26. In the event that children of tender years are unable legally to join the Guild, the Guild will issue the necessary permits so that any Produce: will not be hampered in using children in any production. (The committee has agreed that the Guild will not accept as members children under fourteen years of age, and that the agreement shall not apply in any respect with reference to such children.) 27. The Guild agrees that if there is anything in its articles of incorporation or its by-laws which will prevent it from performing its obligations hereunder that it will take proper steps to amend such articles or by-laws so as to correct any such defect, and the Guild further agrees that during the term of this agreement it will not adopt any code for actors or any amendment to its articles or by-laws which will be in conflict with its obligations under this agreement. The Guild agrees that it will cause its by-laws to be amended to provide that each of its members shall be bound by the provisions of this agreement. 28. Any person now or hereafter engaged in the business of producing motion pictures in the United States, shall be afforded the opportunity of becoming signatory to this agreement either by signing this agreement or counterparts thereof. Nothing herein contained is intended nor shall it be construed as intended to prevent the Guild from entering into contracts with any such persons on terms more favorable to such persons than are afiforded to the signatories hereto. 29. Unless otherwise specifically defined herein terms shall be given their common meaning in the motion picture industry. "Actor" includes "extra." The masculine gender includes the feminine and neuter, and the singular number the plural, when such construction is a reasonable one. "Day player" is a player employed by the day other than an extra or stunt man. A "stock player" is a player employed for more than a specific picture and for a term of at least twelve weeks (with or without lay-offs) who receives less than $150.00 a week. A "contract player" is a player employed not for a specific picture but for a term of at least twelve weeks (with or without lay-offs) who receives $150.00 a week or more. The committees referred to in paragraph 14 hereof shall work out appropriate rules for actors who do not come within any of the foregoing definitions or within the definition of a "free lance player" hereinabove in paragraph 6 set forth and the same provision as to agreement and arbitration shall apply as in other cases to be determined by the committees under paragraph 14. 30. Wherever provision is made herein for the appointment by the Producers of committees oi arbitrators such appointment shall be made by the mutual consent of the Producers signatory hereto. However, if any such Producer shall not agree as to any such appointment, such Producer, either separately or jointly with any other Producer or Producers who are unable to so agree, may appoint committees or arbitrators, as the case may be, of its or their own choosing, and in such event the committees or arbitrators so separately appointed shall function for and in behalf and only for and in behalf of the Producer or Producers who shall have made such separate appointment, and the discussions, negotiations and arbitrations with respect to which such separate appointment shall have been made shall, as to the Producer or Producers who shall have made such separate appointment, be conducted with the committee or arbitrator so separately appointed, and the agreement or decision reached thereunder shall be binding upon the Guild and the Producer or Producers who shall have made such separate appointment but upon no other Producer or Producers. The Guild in such a case may appoint a separate committee or arbitrator, as the case may be, to deal with each separate committee or arbitrator appointed by the respective Producers but need not do so, and if it so desires may designate one committee and arbitrator to deal with the several committees or arbitrators of the several Producers. Arbitration as herein referred to does not mean the kind of arbitration covered in paragraph 16. 31. Except as joint action by the Producers in the appointment of committees or arbitrators is provided herein (but limited by paragraph 30) this agreement shall be construed as a separate agreement between the Guild and each Producer signatory hereto, and it is expressly agreed that no default or breach of this agreement by any Producer shall constitute a default or breach hereunder by, or impose liability on, any other Producer, and it is further expressly agreed that a default of the Guild as to one Producer shall not constitute a default of the Guild as to any other Producer. This agreement is a several agreement as to each Producer, and is not joint and several. 32. Whenever the Producers are entitled hereunder to a permit or waiver from the Guild, the Guild agrees to issue the same without cost. 33. News reels, travelogues, news and sports commentators and persons rendering similar services in short subjects shall be exempted from the operation of this agreement; provided, however, that the committees provided for in paragraph 14 shall attempt to work out rules governing such productions and persons, and if the committees cannot agree the matter shall be settled by arbitration and the agreement of the committees or the decision of the arbitrators shall become a part of this agreement in like manner as provided in paragraph 14. 34. In any arbitration pursuant to the provisions of this agreement, the decision of a majority of the arbitrators shall be final, and such decision shall be in writing. IN WITNESS WHEREOF the parties hereto have executed this instrument. Hal Roach Studios, Inc., by Hal E. Roach, President ; R.K.O. -Radio Pictures, Inc., by Samuel J. Briskin, Vice-President; Paramount Pictures, Inc., by Henry Herzbrun, Vice-President; Warner Bros. Pictures, Inc., by Herbert Freston, Assistant Secretary ; Twentieth Century-Fox Film Corporation, by Joseph M. Schenck, Chairman; MetroC'loldwyn-Mayer Corporation, by Louis B. Mayer, Vice-President; Universal Pictures Co., Inc., by J. P. Normanly, Vice-President; Walter Wanger Productions, Inc., by Loyd Wright, Secretary; Selznick International Pictures, Inc., by Loyd Wright, Secretary ; B. P. Schulberg Pictures, Inc., by B. P. Schulberg; Major Pictures Corporation, by Loyd Wright, Secretary; Columbia Pictures Corporation of California, Ltd., by Harry Cohn, President; Samuel Goldwyn, Inc., Ltd., by Sam uel Goldwyn, President; Screen Actors (^uild, Inc., by Robert Montgomery. 729