International projectionist (Nov-Dec 1933)

18 INTERNATIONAL PROJECTIONIST December 1933 THE CODE DEPARTMENT A New Service By INTERNATIONAL PROJECTIONIST NOTE: In this section each month will appear the latest news of and views upon developments in the operation of the moton picture code, particularly with respect to the labor sections thereof. Official interpretations of code language; the results of arbitration proceedings, and news of hearings held before the various local, sectional and national boards — all will be recorded herein. Individuals and organizations are urged to submit reports of their code activities, as an aid to others. As a further service to its readers, International Projectionist has established a Code Department, ably manned and having the benefit of competent legal advice, to which may be referred, on a strictly confidential basis, all questions relating to the motion picture code. This service is gratis, of course, to readers of this publication — Editor. I. A. ISSUES INTERPRETATIONS Elliott Statement Admits Hour Overage Is Labor's Load — Weekly Hour Maximum Affects all Contracts — Arbitration Procedure Outlined — 'Meditation' Agreement Confirmed — Silent On Meaning of 'Prevailing Scale' — Official Release Omits Last Four Sections IN a statement broadcast to every affiliated unit, President William C. Elliott has issued the long-awaited and muchspeculated upon official I. A. interpretations of the labor sections of the motion picture code. Accompanying his statement was what he termed "a correct copy" of the labor provisions, although it is noteworthy that the four last sections of the labor section were not included therein : These sections are as follows: Section 8. With respect to any employee not hereinbefore provided for, such employee when directly and regularly employed by the Exhibitors shall be paid not less than forty (40) cents per hour. Section 9. By reason of the professional character of their employment, the minimum wage and maximum hours of employment of employees performing the duties of musicians shall as heretofore be established by prevailing labor agreements, understandings or practices. Section 10. With respect to disputes arising between employees and employers in the EXHIBITION branch of the Motion Picture Industry, the parties pledge themselves to attempt to arbitrate all such disputes. Section 11. The Administrator after such notice and hearing as he shall prescribe, may revise or modify any determination of any dispute pursuant to Section 6 of Part 1, of division C of this Article IV. The reason for the omission of these last four sections is not quite clear, inasmuch as they relate to important points such as the virtual withdrawal of the musicians from any participation in the code, to the agreement of both labor and employers to arbitrate, and to the right of the Administrator to revise or modify any "determination of any dispute". The final code draft as officially approved differs from that copy of the code which was broadcast throughout the field by International Projectionist in mid-October only in the substitution of three words throughout the entire section, but one of these substitutions is very important and the reason for it is not yet understood. As originally reported Section 6 (a), in dealing with maximum hours of work and prevailing scale of wages, read: "... who are directly and regularly employed by the Exhibitors, shall receive not less than the minimum wage and work no longer than the maximum number of hours per week which were fixed as of August 23, 1933, as the prevailing scale of wages and maximum number of hours of labor by organizations of any such employees affiliated with the American Federation of Labor . . . . " The final code draft substitutes for the word "fixed" above (in italics) the words "in force", which means that the conditions referred to actually had to be enforced and not simply prevailing, on August 23, 1933. In all other particulars, however, the code release by this publication is correct down to the last line, and it had the added advantage of omitting nothing. A verbatim transcript of the release by President Elliott of the LA. follows: For your help, we are outlining some interpretations and methods of proceedure under the Motion Picture Code which may be of assistance to you. Attached hereto you will find a correct copy of C, Part I, Sections 6 and 7, which are the sections that pertain to moving picture machine operators and stagehands. 1. The provision that the A. F. of L. minimum wage and maximum number of hours shall prevail takes effect where, in a community, any of your members were employed on August 23, 1933. 2. Where on August 23, 1933, you were receiving the same amount of money from each theatre, or all operators were receiving the same pay, there can be no difficulty and until the Code expires or is changed that is the minimum wage that can be paid to anybody performing those duties, whether a member or not, under the Code. 3. IN NO EVENT, HOWEVER, ARE OPERATORS OR STAGEHANDS ALLOWED TO WORK MORE THAN FORTY HOURS A WEEK. The limitation of hours of work to forty a week does not apply to maintenance men or to emergencies. What Is Arbitrated and the Method of Procedure 1. REMEMBER THAT THE ONLY QUESTION BEFORE AN ARBITRATION BOARD IS WHAT WAS YOUR