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MOTION-PICTURE JURISDICTIONAL DISPUTES 2209
Now, what was the nature of this contract? It provides for wa^e scales, hours of employment, and working conditions. It provides specifically for them. [Reading:]
For those employees associated with organizations of, or performing the duties of journeymen carpenters, woodworking-mAchine men, and wood turners.
Now. the members of this committee are familiar, of course, with the rule of law
]\Ir. Landis. Are you through with that part? The part I want to know about is the "hot" sets.
Mr. Cobb. I am coming to that.
Mr. Landis. All right, sir; proceed.
Mr. Cobb. This committee, of course, is familiar with the rule of law that a contract governing wage scales, hours of employment, and working conditions is a collectively bargained agreement under section 7 of the Labor Act.
That rule is stated in the case of /. /. Case Company v. National Labor ReUtions Board (321 U. S. 332) .
So here is a collectively bargained agreement, made July 2, 1946, for a period of 2 3^ears, which we contend in law and in fact means to the second day of July 1948.
Now, in the case of /. /. Case Company v. National Labor Relatione Board, in drawing the distinction between collective-bargaining agreements and tlie employment contracts, the court held that except in rare cases one contract would not cover both — that the collectivebargaining agreement is between union and management, that the employment is between management and individual labor; that the collective-bargaining agreement is for the benefit of the individual labor, but that the employment itself is directly between management and labor.
So this contract is one of those rare instances. It provides :
All crafts going back to work Wednesday a. m., July 3, 1946, without discrimination.
Now, the "all crafts'' referred to included the carpenters in local 946. The record will show that the carpenters did go back to work on Wednesda3% July 3, and did continue at work until September 23, except in those rare instances wliere some of them were locked out on varying dates on or about September 23, 1946.
So tliat this, in addition to being a collective-bargaining agreement, is also an employment contract. For how long? For 2 years.
I do not now represent to the committee that that meant every individual carpenter was to work every day of 2 years, but it does mean that as carpentry work was available all carpentry work was to be done by the members of local 946 during the period of the 2 years.
Now, it is very important to take up the question asked by Mr. Landis.
After this contract was made, and while the carpenters were working, the clarification was issued on August 16, 1946; and all parties concerned, the record will show, were notified of the clarification. Mr. Eric Johnston was notified by Mr. Green ; Mr. Walsh was notified by Mr. Green ; the carpenters were notified.
Mr. Landis. The clarification came after the 2-year contract was made ?