Jurisdictional disputes in the motion-picture Industry : hearings before a special subcommittee of the Committee on Education and Labor, House of Representatives, Eightieth Congress, first-session, pursuant to H. Res. 111 (1948)

1190 MOTION-PICTURE JURISDICTIONAL DISPUTES Mr. Michel. That is his signature. Mr. McCann. Attached to this there is a contract or an agreement executed this first day of January, 1947, between Fox West Coast Theaters Corp., a Delaware corporation, hereinafter referred to as the company, and Joseph P. Tuohy, a resident of the State of California, hereinafter referred to as an employee. Mr. Michel. That is right. I know that contract. Mr. McCann. This is the contract that you entered into with Mr. Tuohy? Mr! Michel. That is right. Mr. McCann. Mr. Chairman, I ask that this letter from Mr. Spy- ros Skouras, and the attached contract with Mr. Joseph P. Tuohy, be received in evidence and reproduced at this point. Mr. Kearns. No objection. (The documents are as follows:) Twentieth Century-Fox Film Corp., JfU West Fifty-sixth Street, New York 19, N. Y., February 10, 1948. Irving G. McCann, Esq. Committee on Education and Labor, House of Representatives, Wastiington 25, D. C. Dear Mb. McCann: As requested in your letter of February 5, 1948, I am pleased to enclose a copy of the agreement of January 1, 1947, between Fox West Coast Theaters Corp. and Joseph P. Tuohy. Sincerely, S. P. Skoukas. Agreement executed this 1st day of January 1947, between Fox West Coast Theaters Corp., a Delaware corporation (hereinafter referred to as the ''com- pany"), and Joseph P. Tuohy, a resident of the State of California (hereinafter referred to as "employee"). Whereas the company is engaged principally in the business of owning, leas- ing and operating motion picture theatres and related properties and enterprises and in the holding of stock in companies engaged in such business; and Whereas the employee is skilled and experienced in the handling of labor relations arising between employers and employees, and the company for the period and upon the terms hereinafter provided desires to obtain and be assured of the services of the employee for itself and its subsidiaries ; Now, therefore, in consideration of the premises and of the covenants, agree- ments, representations and warranties hereinafter set forth, the pai'ties do hereby mutually covenant as follows : First: The company hereby employs the employee for a period of 7 years com- mencing January 1, 1947, to perform the following duties: The employee shall have the title of director of labor relations and shall handle all matters be- tween the company and labor unions with which the company now has, or here- after may have, contracts and shall handle such additional matters involving the company's relations with its employees as may be assigned to him by its board of directors, or president, or general manager. In his capacity as direc- tor of labor relations, the employee shall have only such authority as may from time to time be assigned to him by the board of directors of the company or any subsidiary thereof, or the board of directors of any assignee and except with the prior approval of such board evidenced by resolution thereof he }3hall not have authority to enter into any oral or written contracts binding or obligat- ing the company. The employee hereby accepts such employment upon the terms and conditions of this agreement and agrees to perform the services herein contemplated to be performed by him. The employee shall devote his entire time, except for a reasonable annual vacation, to such employment. Second: In the performance of his duties hereunder, and in his private life, the employee agrees so to conduct himself as not to impair his capacity to per- form his duties hereunder or to bring public scandal or discredit upon himself or the company; and he agrees faithfully to serve the best interests of the company and to discharge his duties hereunder to the best of his ability with