The film daily year book of motion pictures (1940)

which findings will, however, become a part of the Basic Agreement only if mutually acceptable. If any party to the proceedings is dissatisfied with the conclusions reached by the Conciliation or Arbitration Committees, such party may, at any time after three years from the effective date of this agreement, terminate this Basic Agreement as between the Guild and such other party by serving one year's notice of cancellation on all parties signatory hereto. Such termination shall not be effective prior to March 13, 1943. 3. This agreement may be modified at any time and from time to time by mutual agreement of the Guild and the producers. 4. This agreement and all provisions hereof are to be effective as of March 13, 1939. SECTION B: The Guild agrees that during the term hereof, it will not call or engage in or assist a strike affecting motion picture production against any producer signatory, and will order its members to perform their contracts with the producers signatory hereto. The Guild and the producers mutually agree that during the term of this agreement they will endeavor to promote goodwill, mutual understanding and real cooperation between members of the Guild and the producers. SECTION C: Subject to the limitations hereinabove in Article II, Section B, Sub-sections 2 and 3 set forth, nothing 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 not deprive the producer of any rights under this agreement. SECTION D: 1. The Guild will take proper steps to provide that its By-laws carry this agreement into effect, and during the term of this agreement, it will not adopt any amendments to its Articles or By-laws or adopt any rules or orders which will be in conflict with this agreement. 2. The Guild will cause its By-laws to provide that each of its members shall be bound by the provisions of this agreement. SECTION E: It is expressly agreed that no default or breach of this agreement by any producer shall constitute a default or breach 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. Termination of the agreement as to any producer shall not affect the agreement as to other producers. SECTION F: All hearings and deliberations of the Standing Conciliation Committee and those of the Arbitration Committee shall be closed to the public. Only members of the Guild, and producers and their authorized representatives, or witnesses called by the committees, may attend. All written communications to and from the committees shall be privileged. SECTION G: 1. All terms are used in the ordinary accepted sense in the industry. 2. "Shorts" for the purpose of the Basic Agreement are defined as any picture which when released is thirty-six hundred lineal feet or less in length other than pictures known as newsreels. travelogues or news and sports commentations if such pictures are originally made and originally distributed as such. 3. Members of the Guild in good standing are defined as members who have not been suspended or expelled from the Guild or who have not resigned from the Guild. 4. The word "year" shall be deemed to be from March 13th to the next succeeding March 12th except where the context requires a different construction. SECTION H: 1. Nothing in this agreement shall prevent any person from negotiating with, and obtaining from the producers better conditions and or terms of employment than those provided for in this agreement. The terms herein provided are minimum, and not maximum. The Guild will not by the adoption of By-laws or otherwise seek to prevent the inclusion in contracts of employment with producers of any terms or conditions not violative of this agreement. 2. It is agreed that it is the intent of the producers and of the Guild that nothing in this Basic Agreement shall be construed so as to give to any producer or to any individual employee the right to terminate or the right to refuse to perform pursuant to any individual contract, or the right to claim a breach of any individual contract of employment by reason of any breach of any provisions of this Basic Agreement. SECTION I: Whenever a producer signatory is to be notified, it will be deemed sufficient for the notice to be sent to such producer at the address indicated opposite its signature on this agreement. Notice to the Guild or any member thereof will be deemed sufficient if sent to the Secretary' of the Screen Directors Guild, Inc., 1525 Cross Roads oi the World. Los Angeles, California. Any party may change these addresses at any time by sending notice of the change to the other by registered mail. SECTION J: Cartoons are not to be included in this agreement. SECTION K: 1. No waiver of the minimum terms herein provided (unless specifically authorized by the provisions of this agreement) may be requested of any director or first or second assistant director except through the Guild. The Guild may issue written waivers of any of the terms hereof when it deems such action appropriate, and unless such waivers are issued to cover waivers specifically provided for in this agreement, may impose reasonable conditions. 2. Whenever any producer is entitled hereunder to a waiver from the Guild, the Guild agrees to issue the same without cost or conditions and to act promptly upon the request for such waiver, and in event that the Guild fails so to do, the producer may proceed as though a waiver had been given. SECTION L: 1: 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. 2. This agreement shall be binding upon the signatories hereto and all parties who by reason of mergers, consolidations, reorganizations, sale, assignment or the like shall succeed to or become entitld to a substantial part of the production business of any signatory. 3. The Guild has no present intention of offering different terms or conditions than herein provided to any producer, but it is understood that it has the right to do so and it is agreed that if the Guild grants different terms or conditions to any producer, whether signatory hereto or not, relating to any kind or kinds of production or type or types of services covered herein, then the Guild shall offer like terms and conditions to the signatories hereto with respect to like product or like services. SECTION M: The provisions of this agreement shall apply in reference to pictures produced with California as a base and to all location work in connection with such pictures and shall apply to pictures made by signatories hereto with other places in the United States as a base when the Guild shall have made proper arrangements to carry on at such places and thirty days after the Guild shall have notified the producer signatory thereof. SECTION N: This agreement shall be referred to as the ProducerScreen Directors Guild Basic Agreement of 1939. SIGNATORIES : SCREEN DIRECTORS GUILD. INC.; TWENTIETH CENTURY-FOX FILM CORP.: LOEWS INC.: COLUMBIA PICTURES CORP. OF CALIFORNIA. LTD.: SAMUEL GOLDWVN INC.. LTD.: WARNER BROS. PICTURES. INC.; PARAMOUNT PICTURES. INC.; RKO -RADIO PICTURES, INC.; UNIVERSAL PICTURES COMPANY, INC. 796