Year book of motion pictures (1941)

or an admission by the Producers that the Guild has such right. (c) To arbitrate the matters referred to in paragraph 10 of this agreement concerning multiple picture and limited term players (as therein defined) as to which and to the extent arbitration is therein provided for. (d) To arbitrate and make rules for, if requested by the Producers, any extension to other types of conveyance of the rule contained in paragraph 7(m) hereof, concerning transportation on a boat or train where a berth is provided. (e) To arbitrate and make rules for, if requested by the Guild, the subject of pre-recordings as treated in paragraph 8 of this agreement. (f) To discharge the functions provided in paragraph 13 of this agreement concerning waivers for extras, so long as the paragraph is in force. (g) To discharge the functions provided in paragraph 16 of this agreement. (h) To conduct all arbitrations pursuant to paragraph 16 of the Basic Agreement, but the Guild or any Producer may give notice in writing at any time that it elects to have an individual arbitration held pursuant to paragraph 16 of the Basic Agreement, and on such notice (if given in writing to the other party (but not to the Standing Committee) within seven days after the demand for arbitration) the arbitration shall be held under paragraph 16 of the Basic Agreement and not by the Standing Committee. (i) To conduct all arbitrations provided for in paragraph 2 of the Basic Agreement. After any dissolution of the Standing Committee, the matters arbitrable under paragraph 2 of the Basic Agreement shall be arbitrable in like manner as any dispute under paragraph 16 of the Basic Agreement ; it being agreed that the Producers shall have a continuing right of arbitration with respect to any matters as to which arbitration is provided for in paragraph 2 of the Basic Agreement. The Standing Committee shall consist of three members, one to be appointed by the Guild, one by the Producers and the third by the two first appointed. The power to appoint shall include the power to remove or substitute from time to time. The appointment of the Producer representative on the Standing Committee shall be made by the mutual consent of the Producers signatory hereunder. However, if any such Producer shall not agree as to any such appointment, or shall at any time desire to withdraw from any Standing Committee created hereunder, such Producer either separately or jointly with any other Producer or Producers signatory hereto who are unable to so agree or who desire to so withdraw, may elect not to be subject to the jurisdiction of such Standing Committee, in which case a separate Standing Committee shall be created with respect to such Producer or Producers, such separate Standing Committee to consist of three persons, one to be appointed by the Guild, one by the Producer or Producers, making such election and the third by the other two members. All of the provisions of this agreement with respect to the standing Committee shall apply to any such separate Standing Committee as between the Guild and the Producer or Producers signatory hereto represented thereon, and as between the Guild and such Producer or Producers such separate Standing Committee shall be vested with all of the powers of the Standing Committee hereunder. On or before October 10, 1938, the Guild shall notify the Producers in writing of its appointment of its representative on the Standing Committee. On or before October 10, 1938, the Producers shall notify the Guild in writing of their appointment of their representative on the Standing Committee. Any representative so appointed may be an employee or interested party. On or before November 1, 1938, the two representatives shall agree on the third member. In default of such appointment by either party by October 10, 1938, or in default of agreement on the third member by November 1, 1938, thereupon and at any time after such default, and prior to such appointment or agreement, either the Guild or the Producers may elect to treat the Standing Committee as dissolved by written notice so stating; provided, however, that such election may not be exercised by reason of the failure of any Producer to make such appointment, except as to such Producer. Either the Guild or the Producers may dissolve the Standing Committee at any time on thirty days' written notice, and the same provision applies as to any separate Standing Committee as between the Guild and the Producer or Producers represented thereon. Upon dissolution of the Standing Committee, the Standing Committee shall complete any arbitrations of the kind described in paragraph 16 of the Basic Agreement then pending before it as to which the taking of testimony has commenced with the same effect as though it had not been dissolved. In the event of any such dissolution, all rules adopted by the Standing Committee within its powers hereunder shall remain in force, unless and until revoked or modified in any arbitration hereinafter in this paragraph 2 mentioned. Until the dissolution of the Standing Committee the work of all committees provided for by the Basic Agreement (other than the Conciliation Committee under paragraph 16 of the Basic Agreement) and all provisions of the Basic Agreement with respect to arbitration of any kind (except under paragraph 16) shall be deemed suspended, but such suspension shall end upon any dissolution of the Standing Committee, and thereupon, upon written demand of either the Guild or the Producers to be made within six months of such dissolution, there shall be a final arbitration pursuant to paragraph 14 of the Basic Agreement covering all the matters presently arbitrable under said paragraph 14 or which the Standing Committee is given specific power to arbitrate under this agreement, and such arbitration shall be final for the life of the Basic Agreement (as modified and supplemented hereby). Within the same period of six months either the Guild or the Producers may demand an arbitration under paragraph 13 on all the matters arbitrable thereunder (except as limited by paragraph 1 of this contract) and on the matter of pre-recordings, and on subdivision (d) of this paragraph 2, and thereafter such matters shall be arbitrable from year to year under said paragraph 13. However, this agreement is intended to be a final settlement for the life of the Basic Agreement of all provisions hereinafter contained, except as hereinafter otherwise specified, and such provisions (except as hereinafter otherwise specified) are not subject to arbitration whether by the Standing Committee or otherwise. The compensation of the Producer representative on the Standing Committee shall be paid by the Producers, and the compensation of the Guild representative on the Standing Committee shall be paid by the Guild. All other expenses incurred in connection with the functioning of the Standing Committee, including the compensation of the third member thereof, shall be borne and paid one-hall by the Guild and one-half by the Producers, unless the parties otherwise agree from time to time. The compensation of the third member of the Standing Committee, the incurring of expense in connection with such committee, and the determination of any other questions arising in connection with the employment of such third member and assistance or clerical help shall be mutually agreed upon between the Guild representative on the Standing Committee and the Producer's representative on the Standing Committee. Such third member on the Standing Committee shall be appointed annually (for the term from November 1st to October 31st of the following year) by said Guild representative and said Producer's representative, and may be removed at any time by said representatives acting jointly. It is agreed that any member or members of the Standing Committee shall have the right, at any time, to make an independent investigation of any facts relating to any matter, claim or controversy before the Standing Committee, and that such investigation need not be made in the pres 731