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 2181 (&) In a willful gamble, after one of its other attorneys had expressed the belief, recited in said minutes of September 23, 1946, that "even though the NLRB might decide producers had engaged in unfair labor practice there was a good chance the Board might not assess any back pay" (supra 17). (c) In a false and fraudulent representation to the California State Department of Unemployment Insurance that "the employee," meaning each carpenter, "left his work on account of a trade dispute," wlien in fact he was locked out by them as aforesaid (supra IS). Said companies, each in conspiracy with the others, thereby induced the said State officials to deny carpenters the unemployment insurance to which they were and are entitled. 3. That concurrently with said conspiracy and lock-out. said major motionpicture companies, and producers association, in conspiracy with said lATSE, Walsh, and Brewer, have refused, and still refuse, to bargain with said Brotherhood of Carpenters, or its said local 946, or any of their representatives, as called for in said exhibit D, interim agreement of July 3, 1946, then and now in effect, although said carpenters have at all times been, and now are, ready, willing, and able to bargain. That said refusal to bargain has been, and is, in willful disregard of the advice given said major motion-picture companies, and producers association, by their attorneys, recited in said minutes of September 20, 1946, that they "can't refuse to bargain" and that the "carpenters situation," created by them, might be "an luifair labor practice" (supra 17). That said refusal to bargain has also been, and is. in willful contempt of law and order, the public interest, and the rights of said cariienters, upon the said gamble so recited in said minutes of September 23, 1946, "that even though NLRB might decide producers had engaged in an unfair labor practice there "was a good chance the Board might not assess any back pay" (supra 17). 4. That said lATSE, Walsh, and Brewer, as parties to said conspiracy between them and each and all of said major motion-picture companies, furnished, and now continue to furnish, lATSE members and permittees to said mfijor motionpicture companies, and each of them, and to each and all of said independent motion-jDicture companies, under the guise of set erectors, posing as carpenters, and said major motion-picture companies, and each of them, have accepted and employed them, and continue to accept and employ them, and to force and coerce each and all of said independent motion-picture companies to accept and employ them, to replace each and all members of said Brothei'hood of Carpenters, Local 946. in any and all carpenter' work to which they are entitled under said exhibits A, B, C, D, and E and other contracts and collective bargaining agreements. CONSPIRACY AND UNFAIR LABOR PRACTICES CONTINUE IN DEFIANCE OF LAW The conspiracy of the lATSE and major motion-picture companies, and producers association, to deprive all carpenters of all carpenter work, in all the studios, and on all the lots and locations, of all the major motion-picture companies, by means of the lock-out upon the fraudulent pretense of a strike, and to force all the independent motion-picture companies to do likewise, and the continuity of the conspiracy and unfair labor practices, to the present time, has been fully shown, and is now referred to, in part, as follows : 1. This conspiracy has its inception in March 1945. "when said Walsh and Nicholas Schenck agreed that the lATSE would run the studios on condition that the major motion-picture companies have no contracts whatever with the cai-penters (supra, 7), although the companies were then under contract with the carpenters (supra. 5-6). This conspiracy was announced on April 14, 1945. when said major motionpicture companies and the lATSE proceeded to put it into effect by the iiublication of the exhibit F letter from said Walsh to all studio employees, fraudulently addre.ssed as "All Former Studio Employees" (supra, 8). 2. This conspiracy was continued and renewed in connection with the three-man committee decision, in part, as follows: (cr) In imposing upon the three-man committee, the purported, but nonexistent, agreement between the carpenters and the lATSE, dated February 5, 1925, and in causing the three-man committee to quote this nonexistent agreement, instead of the true exhibit A agreement of July 9, 1921, to express their actual decision to mantain the historic division of work between the carpenters and the lATSE (supra, 9, 10). (?;) In proceeding immediately thereafter to set up the so-called lATSE Set Erectors Union, Local 468, and to use its members, and permittees, to replace