Year book of motion pictures (1940)

Producer -Screen Actors Guild MODIFICATION AGREEMENT OF 1938 (Text of the Basic Minimum Contract of 1937 appears on page 773) AGREEMENT executed at Los Angeles, California, September 26, 1938, between SCREEN ACTORS GUILD, INC., a California non-profit corporation, hereinafter called the "Guild," and HAL ROACH STUDIOS, INC., RKO-RADIO PICTURES, INC., PARAMOUNT PICTURES, INC., WARNER BROS. PICTURES, INC., TWENTIETH CENTURY-FOX FILM CORPORATION, LOEWS INCORPORATED, successor to METRO-GOLDWYNMAYER CORPORATION, UNIVERSAL PICTURES COMPANY, INC., WALTER WANGER PRODUCTIONS, INC., SELZNICK INTERNATIONAL PICTURES, INC., COLUMBIA PICTURES CORPORATION OF CALIFORNIA, LTD., SAMUEL GOLDWYN INC., LTD., and such other parties who are producer signatories to the Producer-Screen Actors Guild Basic Minimum Contract of 1937, who with the consent of the Guild may become signatory hereto, hereinafter called the "Producers," WITNESSETH: The "Producer-Screen Actors Guild Basic Mini mum Contract of 1937", as amended and/or supplemented by the report heretofore rendered by the committee under paragraph 14 of said agreement with respect to children of tender years, weatherpermitting calls, travel time for extras, and travel time for day players, is hereinafter for convenience referred to as the "Basic Agreement." In consideration of the mutual agreements herein contained, the Basic Agreement is hereby amended and supplemented, as between the parties hereto, as follows : 1. Subdivision (b) of paragraph 13 of the Basic Agreement is hereby stricken and deleted therefrom, except as to extras; it being agreed that hours of labor (including, but not limited to, the twelve-hour rest period, overtime and any limitation or restriction of hours of labor) shall not be arbitrable (except of course individual disputes under paragraph 16 of the Basic Agreement to the extent the same are arbitrable thereunder) with respect to any class of actors, other than extras, during the term of the Basic Agreement, and the Guild agrees that it will not at any time during the term of the Basic Agreement make any re quests concerning hours of labor (including, but not limited to, the twelve-hour rest period, overtime and any limitation or restriction of hours of labor) with respect to any class of actors, other than extras. The right to so arbitrate shall extend to all persons employed as extras and adjusted tn some other basis during such employment. Forthwith upon the execution of this agreement the arbitration now pending between the Guild and the Producers signatory to the Basic Agreement shall be continued as to each producer herein pending final ratification of this agreement by such producer and if and when ratified shall be dismissed as between the Guild and such Producer. 2. A Standing Committee shall be appointed to begin functioning on November 1, 1938 and to perform, so long as it shall be in existence, the following duties, and to have the following powers to be exercised from time to time : (a) To arbitrate on the demand of any party hereto all the arbitrable matters under Basic Agreement paragraphs 13(a), 13(b) except as deleted by paragraph 1 of this agreement, 14, 3(g), 3(h), _ 5(h), 5(j), 25, 29, 33 and any other provisions relating to arbitration. Unless otherwise specifically indicated, arbitrate and arbitration as used throughout this paragraph 2 means arbitration of the kind specified in paragraphs 13 and 14 of the Basic Agreement and with the same force and effect, and subject to paragraph 34 of the Basic Agreement, but the Standing Committee until its dissolution shall be the arbitrator. The Report of Committee Appointed Pursuant to Paragraph 14 of the Basic Agreement is incorporated herein by reference as to weather-permitting calls for extras, weatherpermitting calls for day players, travel time for extras, travel time for day players and children of tender years, and the Standing Committee shall have the same power of continuing arbitration over these subjects (except travel time for day players) as is heretofore given for the other subjects heretofore mentioned in this subparagraph. The report of such Committee under paragraph 14 as to travel time for day players is not subject to arbitration either by the Standing Committee or otherwise, and is in effect stricken out and new provisions substituted therefor by subparagraph (m) of paragraph 7 hereof. (b) The parties hereto realize that there is a need for a solution of the extra problem, taking into consideration the economic necessity of the extra player and the economic conditions of the Producers. Without authority to bind either the Guild or the Producers, the Standing Committee shall investigate conditions of the motion picture industry in an effort to solve the problem of the extra player (with due regard for economic conditions in the motion picture industry) and from time to time shall make reports containing recommendations to the Guild and to the Producers concerning such matters. Nothing in this subparagraph shall be deemed an admis sion by the Guild that it has not the right to arbitrate the subject matter of this subparagraph,