Harrison's Reports (1934)

HARRISON’S REPORTS for a higher minimum age, no one below that age shall be employed. Section 2. With the exception of those employed in managerial, executive, or advisory capacity now receiving thirty-five or more dollars a week, no employee shall work more than forty hours, notwithstanding the provision in Section 6 (a), which stipulates that certain class of workers shall not work longer than the hours they worked as of August 23, 1933, and shall not receive smaller wages. Nor do the hour provisions apply to employees of general utilitarian character. Section 3. Regular ticket-sellers, doormen, ushers, cleaners, matrons, watchmen, attendants, porters, and office help, employed in towns of fewer than fifteen thousand inhabitants, shall receive an increase over the wage paid to them as of August 1, 1933, not to be less than twenty percent, provided that this increase does not make their wage more than twenty-five cents an hour. Section 4. Persons, as described in Section 3, employed in towns of more than fifteen thousand and of less than five hundred thousand inhabitants shall receive not less than thirty cents an hour, and, in cities of more than five hundred thousand, not less than thirty-five cents an hour. Section 5. Regular ushers in places of more than fifteen thousand inhabitants shall receive not less than twenty-five cents an hour. Section 6. (a) Bill-posters, carpenters, electrical workers, engineers, firemen, moving picture machine operators, oilers, theatrical stage employees, theatrical wardrobe attendants, or other employees either skilled mechanics or artisans, members of organizations that are affiliated with the American Federation of Labor, when employed by exhibitors directly and regularly, shall, if working in their particular type of work, receive not less than the minimum wage scale, and work no longer than the maximum hour schedule, adopted by their organization for a particular type of theatres, in particular locations, and in particular communities, provided such wage scale and hour schedule was in force on or prior to August 23, 1933. Such scale of wages and schedule of hours, with respect to such employees, and under the conditions just mentioned, become under the Code the minimum scale of wages and the maximum number of hours, (b) In the event that, under the circumstances described in (a) of this Section, no scale of wages and no schedule of maximum hours existed on or prior to August 23, 1933, any disputes that may arise as to what is a minimum scale of wages and a maximum number of working hours with respect to any such employees, for a particular class of theatres, and for particular types of communities, shall be adjusted as follows : (1) If the question should arise between employers and members of an organization that is affiliated with the American Federation of Labor, then the representative of the national president of such organization, and a representative appointed by the exhibitors, shall together look into the facts and determine what shall be, for that particular locality, the scale for minimum wages, and the schedule for a maximum number of hours. In case they cannot agree, they shall elect a neutral person to sit with them, with authority to review the facts so as to determine such dispute. If they should be unable to agree upon such a person, the Code Administrator shall designate him; or (2) If the dispute should be between either unorganized employees or with organized employees but whose organization is not affiliated with the American Federation of Labor, and if in such community there exist employees of an organization affiliated with the American Federation of Labor, then the dispute shall be examined by representatives of exhibitors sitting together with a representative either of the unorganized employees or of the unaffiliated organization appointed by its president, or of both, together with a representative appointed by the national president of the organization that is affiliated with the American Federation of Labor. These representatives shall look into the complaint and determine unanimously the existing scale of wages and the maximum number of labor hours for such class of theatres, in such particular community. In the event they cannot make a unanimous decision, all these representatives shall agree upon one neutral person who shall be empowered to sit with them, review the facts, and determine the dispute. If they cannot agree upon the neutral person, then the Code Administrator shall designate one ; or (3) If there should be no employees belonging to an organization that is affiliated with the American Federation January 6, 1934 of Labor, then the dispute shall be determined by the representatives appointed as in (2), without an American Federation of Labor representative. (c) Pending the determination of any such dispute, the prevailing rate of wages and maximum number of hours (if they are not more than the hours established by this Code) shall remain in force, and (d) the employees agree not to strike, and the exhibitor agrees not to lock out any of such employees. Section 7. The exhibitors shall not increase the duties of such employees from what they were on or prior to August 23, 1933, with an intent to decrease the number of such employees in the theatre or theatres in any community, except by common consent. Section 8. Exhibitors shall pay to employees whom this Code does not cover but whom they employ regularly not less than forty cents an hour. Section 9. Exhibitors shall pay to employees performing the duties of musicians not less than the minimum wages and work them no longer than the maximum number of hours established by prevailing labor agreements, understanding, or practices. Section 10. Exhibitors and employees in the motion picture industry pledge themselves to arbitrate all such disputes. Section 11. The Administrator may, after a hearing prescribed by him, revise or modify the decision on any dispute rendered in accordance with all provisions prescribed in Section 6, Part 1, Division C, of this Article (IV). Part 2. This part of the Code refers to Actors employed in Vaudeville and in Presentations in moving picture theatres, defining the conditions under which they shall be required to work, and the scale of wages they shall be paid. Since the language of the provisions in this part is clear, no interpretation of them is made. Article V — Unfair Practices A. GENERAL Parts 1, 2, and 3, are so clear that they need no interpretation, but because of their importance they are reproduced in this article verbatim. Part 1. “The defamation of competitors by falsely imputing to them dishonorable conduct, inability to perform contracts, questionable credit standing, or by other false representations or by false disparagement of the grade or quality of their motion pictures or theatres, shall be deemed to be an unfair trade practice.” Part 2. “The publishing or circularizing of threats or suits or any other legal proceedings not in good faith, with the tendency or effect of harassing competitors or intimidating their customers, shall be deemed to be an unfair trade practice.” Part 3. “Securing confidential information concerning the business of a competitor by a false or misleading statement or representation, by a false impersonation of one in authority, by bribery, or by any other unfair method, shall be deemed to be an unfair trade practice.” (To be concluded next week) NOTIFY DISTRIBUTORS THAT YOU ACCEPT ARBITRATION In order for you to avoid any possible expense consequent to litigation on the assertion of a distributor with whom you have a contract that you have breached the terms of your contract with him, I suggest that you notify every distributor with whom you have a contract that you are offering him to arbitrate any dispute that may arise between you and him under the contract. You may frame you letter as follows : “I hereby offer to settle all disputes that may arise between your company and me under our contract with you by arbitration, as provided for by the Optional Standard License Agreement, which has become part of the Code for the moving picture industry. “This offer for arbitration is not to be withdrawn by me.” Send your letters by registered mail.