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)

MOTION-PICTURE JURISDICTIONAL DISPUTES 1191 diligence, sincerity, Integrity and loyalty so as to preserve and promote the reputation and progress of the company. The employee shall act only with such powers and in such capacity as the respective hoards of directors of the company or subsidiary, as the case may be, may determine, and he shall be sidtject at all times and in all respects to the'direction and control of the respective boards of directors of the company or such subsidiary, to such superior oflicers as the respective boards may designate to act in that capacity, to all provisions of the respective bylaws and certificates of incorporation of the company or such subsidiary, and to all reso- lutions and regulations adopted by the resi>ective boards of directors of the oomi)any or such subsidiary. Third: For hi.s services hereunder, the company shall pay the employee and he agrees to accept as full compensation for his services during tlie tei-ni of this agreement a weekly salary payable on any day of the next succeeding week, as follows: 1. For the 2-year period beginning January 1, 1947, the sum of $400 per week. 2. For the next 2-year ]>eriod. the sum of $450 per week. 'A. For the following o-.\ear peiiod, the sum of $500 per week. The company shall also pay the employee a weekly expense allowance payable (»n any day iii the next succeeding week in the sum of $100 per week. Such expense aliowance shall cover all expenses of the employee in connection with the performance of his duties hereunder, and he shall not be entitled to reim- bursement for any such exi)enses: provided, however, that such expense allow- ance shall not include transportation and living expenses of the employee when traveling, in the perfctrmance of his duties, outside the county of Los Angeles; and the company shall reimburse the employee for his reas(mable disbur.sements for such transportation and living expenses. All services performed by the em- ployee in any capacity for the company or any subsidiary slaall be rendered without any further salary or compen.sation other than that above specified. Fourth: If during the period of this agreement the employee dies, this agree- ment shall be deemed terminated at his death. In the event the employee becomes substantially incapacitated, by reason of illness or physical injury, from performing his duties hereunder, the company may. at its option, at any time thereafter during the continuance of such incapaci- tation, terminate this agreement by serving upon the employee written notice of sucli termination. The employee shall be deemed to be substantially incapaci- tiited if by reason of ill health or ac-ident to his person he is unable to perform fully his duties and obligations hereunder for 120 business days (consecutive or otherwise) in any calendar year. Concurrently with the termination of this agreement by the company on the ground that the employee has become substan- tially incapacitated, the company shall pay to the employee a sum equal to the amount of salary which would accrue, except for the termination of this agree- ment, during the 13 business weeks next following the service of said notice. Habitual intoxication or intemperate use of intoxicating liquors (during busi- ness hours or otherwise) by the employee, whether resulting in ill health, or inability to perform properly his duties hereunder, or otherwise, shall be deemed a breach of this agreement by the employee entitling the company to terminate this agreement. Upon such termination by the company, the employee shall be paid ordy the compensation provided for in article third hereof accrued and unpaid at the date of termination, and the employee shall not be entitled or have any right to payment of the amount payable in accordance with the provi- .sions of the immediately preceding paragraph of this article fourth, even though the employee may be partially or wholly incapacitated as a result of habitual intoxication or intemperate' use of intoxicating liquors. Fifth: The employee represents and warrants that at the elate of this agree- ment he has no direct or indirect financial or other interest of any kind or char- acter in any theater or theatrical or motion picture business or related enterprise and has no direct or indirect contractual or other relationships or arrangements of any nature whatsoever for or requiring his sen-ices in the supevision, man- agement, or operation of any theaters or theatrical or motion picture business or related enterprises and employee agrees that, during the term of this agree- ment, he will not directly or indirectly become interested financially or otherwise in any theater or theatrical or motion picture business or related enterprise or become a party to any .such contractual or other relationships or arrangements, but this shall not prevent him fi-om trading in stocks and other securities listed or regularly traded on the New York Stock Exchange or the New York Curb Exchange.