The film daily year book of motion pictures (1940)

of this agreement, or with respect to computation of any other compensation of any such player pursuant to the provisions of this agreement, and individual disputes between any Producer and any contract player receiving $1,000.00 per week or less, with respect to the computation of such player's rest period, pursuant to the provisions of this agreement (none of which matters are now arbitrable under the Basic Agreement) shall be subject to conciliation by the Conciliation Committee under paragraph 16 of the Basic Agreement. If conciliation fails with respect to any such dispute, such dispute may be determined by the Standing Committee, and after any dissolution of the Standing Committee any such dispute shall be deemed arbitrable under paragraph 16 of the Basic Agreement. 17. The respective provisions of this agreement shall be deemed incorporated in all contracts of employment whether now existing or hereafter made, to which the same are applicable. It is agreed, however, that should the Basic Agreement or this modification agreement be amended at any time, such amendments shall affect the provisions of such contracts of employment to the extent that the same may be applicable. 18. If the unused portion of any lay-off under any stock player or contract player contract shall be less than one week, such unused lay-off may be availed of by the Producer concerned at any time but only in one consecutive period. 18!^. Of course, whenever a player receives overtime or an additional day's pay pursuant to the provisions of this agreement, such overtime or additional day's pay shall not be deemed to reduce such player's guaranteed employment or compensation. 19. The effective date of this agreement shall be November 1, 1938, except that the provisions of paragraph 1 hereof shall be effective upon the execution of this agreement. 20. In any case where it is impracticable or impossible to fix any definite starting date of any player, to be employed under a free lance contract, because of such player's activities on the stage or in radio or otherwise in the amusement business (except motion pictures), the Guild agrees to waive the requirement of a definite starting date in such free lance contract, provided that such free lance contract contains a reasonable provision for the fixing of the starting date thereof and notice thereof. Any dispute between the Guild and any Producer with respect to the issuance of any such waiver shall be retermined, at the request of either party by the Standing Committee, and after any dissolution of the Standing Committee any such dispute shall be arbitrable under paragraph 16 of the Basic Agreement. 21. This agreement, as to each Producer, shall be subject to the approval of its board of directors, and shall not be binding on such Producer until so approved ; provided, however, that if the board of directors of any Producer shall fail to approve this agreement prior to October 10, 1938, and so notify the Guild in writing by such date, then or at any time thereafter until this agreement is approved by the board of directors of such Producer, and it has so notified the Guild in writing, the Guild may declare this agreement null and void as to such Producer. 22. This agreement is a several agreement as to each Producer and is not joint and several, and shall be construed as a separate agreement between the Guild and each Producer signatory hereto. 23. This agreement shall be null and void as to the Guild until ratified by the Class A members thereof in such manner as the board of directors of the Guild shall determine, and any Producer signatory hereunder may declare this contract null and void as to it unless the Guild has given such notice of ratification in writing on or before October 10, 1938. 24. The term "consecutive lay-off" as used in this agreement shall be deemed to refer to the consecutive lay-off provided for in paragraphs 8(f) and 9 of the Basic Agreement. 25. This agreement may be referred to as the "Producer-Screen Actors Guild Modification Agreement of 1938." The Basic Agreement as amended and supplemented by this agreement may be referred to as the "Revised ProducerScreen Actors Guild Basic Minimum Contract of 1938," or as the "Revised Basic Agreement." 26. Whenever the phrase "at the rate of ten out of thirteen weeks" is used in this agreement, the same shall be deemed to mean at the approximate rate of ten weeks out of three months, twenty weeks out of six months, or forty weeks out of a year. Whenever a weekly player is entitled to an additional day's pay this means one-sixth of his weekly base rate. 27. This agreement may be executed in any number of counterpart originals, each counterpart to have the same effect and all such counterparts shall be construed together as one agreement. Except as amended or supplemented by this agreement the Basic Agreement shall continue in effect. 28. Any person now or hereafter engaged in the business of producing motion pictures in the United States who is or may become signatory to the Basic Agreement shall be afforded the opportunity (if the Guild consents) of becoming signatory to this modification agreement. Nothing herein contained is intended nor shall it be construed as intended to prevent the Guild from entering into contracts with any person, whether a signatory to this modification agreement or otherwise, on terms more favorable to such persons than are afforded hereunder. IN WITNESS WHEREOF, the parties heretr have executed this agreement the day and year first above written. SCREEN ACTORS GUILD, INC., By Ralph Morgan, President, and Kenneth Thomson, Executive Secretary; HAL ROACH STUDIOS, INC., By Milton H. Bren ; RKO-RADIO PICTURES, INC., By J. R. McDonough; PARAMOUNT PICTURES. IXC, By George L. Bagnall, VicePresident; WARNER BROS. PICTURES, INC., By Herbert Freston, Asst. Secretary; TWENTIETH CENTURY-FOX FILM CORPORATION, By Joseph M. Schenck ; LOEWS INC., By E. J. Mannix, Vice-President; UNIVERSAL PICTURES COMPANY, INC., By Cliff Work, VicePresident; WALTER WANGER PRODUCTIONS, INC., By Walter Wanger, President; SELZXICK IXTERXATIOXAL PICTURES, IXC, By David O. Selxnick, President; COLUMBIA PICTURES CORPORATIOX OF CALIFORXIA, LTD., By M. B. Silberberg; SAMUEL GOLDWYX IXC, LTD., By Edwin J. Loeb ; DARMOUR, IXC, By Larry Darmour, President. 789