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 1193 Los Angeles, Cauf., January 10, 19Jf7. Fox West Coast Thelvtees Corp., Los Angeles 7, Calif. Gbntlkmen : In connection with the oniployment agreement of January 1, 1947, being executed by you and the nndeisigned concurrently with the delivery of this letter, the undersigned hereby expressly acknowledges that he is familiar with the opinion of the court directing the entry of a decree in those certain proceed- ings in tiie United States District Court, Southern District of New York, entitled "United States of America v. Paramount Pictures, Inc., et al.." being No. 87-273 in the files of .said court, and particularly with those provisions thereof enjoining Nation;il Theaters Corp., of which y<ni are a wholly-owned subsidiary, and its several subsidiaries from operating any theater or theatrical enterprise or buying or booking motion pictures through any agent or employee who is also acting in such matters for any other exhibitor of motion ])ictures, which injiinctive pro- visions, amongst others, when incorporated in the final decree will be binding upon said National Theaters Corp. and its subsidiaries and each and all of their resi>ective otficers. agents, servants, and employees. The undersigned further acknowledges that he understands that when said decree is entered and final, any violations of any of the injunctive provisions thereof, including the injunctive provisions specifically referred to in this letter, may result in an adjudication that you are in contempt of court and subject to penalties therefor; and the undersigned represents, warrants, and agrees that he is not now and during the term of said employment agreement will not act or participate in the operation of theaters or theatrical enterprises or the book- ing or buying of film for any exhibitor of motion pictures other than National Theaters Corp. and its subsidiaries, and that he is not now violating and during the term of said employment agreement will not violate any of the provisions of said decree. Any willful or grossly negligent breach of any provision of said decree or of the representations, warranties, and agreements of the undersigned above set forth sliall be conclusively deemed to be sufficient cause for you to terminate said employment agreement at any time after tiie occurrence of such violation without notice to tlie imdersigned. Very truly yours. Joseph P. Tuohy. Mr. McCann. There are some questions, Mr. Michel, that have been submitted by Mr, Bodle of the painters' union in Hollywood. INIr, ^IiCHFX. I never met the man. Mr. McCann. He is counsel for the painters. I will ask you these questions. Did Mr. Meyer check with you regularly during the period follow- ing the carpenters' ultimatum ? Mr. Kearns. He answered that question, I think. Mr. Michel. Yes; I answered that. I said I went out there the first part of October. I was out there until almost the end of October. In fact, I came back here just before election so I could vote. Mr. McCann. Were you advised of the plans for the mass discharge of painters and carpenters on September 23,1946 ? Mr. Michel. I clon't remember that. I don't think I was. I told him to do everj'thing possible, everything in his power to keep every- thing operating. Mr. Kearxs. Mr. Meyer is right when he said he was calling the signals out there? Mr. ^Michel. Oh. he called them; yes. I gave him the policy. ^Ir. McCaxn. Did you know that plans for mass discharge were worked out by the labor committee in conjunction with the lATSE? Mr. Michel. I didn't know that. Mr. McCaxn. Does Mr. Skouras own or control West Coast Theaters ?