Motion Picture Daily (Oct-Dec 1933)

MOTION PICTURE DAILY Friday, October 6, 1933 Battle Begun on Labor Clauses Labor Terms Start Heated Discussions (Continued from page 1) as one of the committees designated to settle disputes which may arise on wages and hours in towns where the I.A.T.S.E. has no local. They say there is no reason why the I.A.T.S.E should be invited in, and tonight they repeated the statements made Wednesday night that this would open the door for the international to attempt to organize in hundreds of towns where operators today either are non-union or axe drawn from rump unions which owe no allegiance to any international. If the I.A.T.S.E. scale is to prevail, the contention is that many houses will be compelled to darken. A case in point was made by an important exhibitor who said that in four southern states where he operates the I.A.T.S.E. is in only 19 towns. Like other exhibitors, he viewed the extension of the right of the I.A.T.S.E. to help adjudicate disputes in which it has, or can have, no concern, as nothing more or less than granting to I.A.T.S.E. officials NRA sanction for a nationwide membership drive. Speculate on Intent Whether Rosenblatt realized this, or whether the clauses, as framed, carry interpretations which go far beyond his intent is not known. Lobby talk leans toward the idea that he did not intend the labor provisions to be as far-reaching as exhibitors now diagnose them. Exhibitors met with Rosenblatt this morning to take up the NRA draft clause, but failed to get beyond the labor provisions. The first meeting broke up for the World's Series game, to resume at 5 o'clock. This session ran for 90 minutes, and was Circuits Left Out Washington, Oct. 5.— Affiliated theatres, Motion Picture Daily learns, are not satisfied with the reported line-up for the code authority. They point out their combined interests, representing an invested capital of $500,000,000, are completely passed up on the board as it stanfls at present and indicate unofficially strong protests will be presented to have one of their number included. They are known to feel that the presence on the code authority of men like Sidney R. Kent, Nicholas M. Schenck and Harry M. Warner, whose companies have large exhibition holdings, is not sufficient, on the theory all of them are distributor and not theatre-minded. Affiliated Theatre Men Shying Clear of Arguments Over Labor Washington, Oct. 5. — Affiliated theatres are shying clear of the fight on operators. In practically all instances they use I.A.T.S.E. men and therefore the proposed plan permitting I.A.T.S.E. men to sit in on the settlement of disputes involving non-union, or rump union operators, is no direct concern of theirs. In their initial excitement exhibitors, other than affiliated, hurled many direct charges at producer-controlled representatives. Several insisted the labor provisions, as drafted by Deputy NRA Administrator Sol A. Rosenblatt, were influenced by affiliated representatives with the express idea of forcing many small houses to close. One exhibitor remarked: "No more theatre mergers are necessary if this stands. Major circuits won't have to buy more houses. Those houses simply will pass out of the picture." followed by a committee meeting with Rubien, but minus the presence of Rosenblatt, who shifted the scene of his operations to a producer meeting on the ninth floor of the Mayflower. At 10 :30 tomorrow morning the interminable sessions will resume in the hope that by that time some sort of in-between compromise will have been effected between exhibitors and Rubien. The clause which has theatre men so hot and bothered appears in Section 1, headed "Labor Other than Actors" and starts with Clause 6. Article 6. A. Employes associated with organizations of or performing the duties of carpenters, electrical workers. engineers, firemen, motion picture machine operators, oilers, painters, theatrical stage employes, theatrical wardrobe attendants, or other skilled mechanics and artisans, and musicians, who are directly and regularly employed by the exhibitors, shall receive the minimum wage and work the maximum number of hours per week fixed as of Aug. 23, 1933, as the prevailing scale of wages and maximum number of hours of labor by organizations of any of such employes affiliated with the American Federation of Labor with respect to their respective type of work in a particular class of theatre or theatres in a particular location in a particular community, and such scales and hours of labor with respect to any of such employes in such community shall be deemed to be, and hereby are declared to be, the minimum scale of wages and maximum number of hours with respect to such employes in such communities in such class of theatre or theatres. B. In the event that there exist in the particular community organizations of such employes above mentioned, whether such organizations are affiliated as above set forth or otherwise, and (1) no prevailing scale of wages and maximum number of hours for such employees exist in such community with respect to such employes, or (2) any dispute should arise as to what is the minimum scale of wages or the maximum number of hours of labor with respect to any of such employes for a particular class of theatre or theatres in any particular community, then and in either of those events: Boards to Decide (a) If the question at issue arises with the organization of such employes affiliated with the American Federation of Labor, then a representative appointed by the national president of such affiliated organization, together with a representative appointed by the disputant, shall exarnine into the facts and determine the existing minimum scale of wages and maximum number of hours of labor for such theatre or theatres in such particular locality, and in the event they cannot agree upon the same, they shall mutually designate an impartial third person who shall he empowered to finally determine such dispute, with the proviso, however, that in the event such representatives cannot mutually agree upon such third pereon. then the National Recovery Administrator shall designate such third person: however. (b) Tf the question at issue arises with the unorganized employes or with an organization of such employes not affiliated with the American Federation of Labor, then a representative of such unorganized employes, or, as the case may be, a representative appointed by the president of such unaffiliated organization, together with a representative appointed by the disputant, together with a representative appointed by the national president of such affiliated organization above referred to, shall examine into the facts and unanimously determine the existing scale of wages and nxaximum number of hours of labor for such theatre or theatres in such particular community, and in the event they cannot agree upon the same, they shall mutually designate an impartial third person who shall be empowered to finally determine such dispute, with the proviso, however, that in the event such representative cannot mutually agree upon such impartial third person, then the National Recovery Administrator shall designate such impartial third person. Stay on Changes C. Pending the determiiiation of any such dispute, the rate of wages then paid by the exhibitor in such theatre or theatres in such community, and the maximum number of hours then in force (and not more than the hours provided for in this code) shall not be changed so as to decrease wages or increase hours. D. In order to effectuate the foregoing provisions of this Section 6 hereof, and pending the determination of any dispute as above specified, the employes herein embraced and provided for shall not strike, and the exhibitors shall not lock out such employees. 7. In no event shall the duties of any of the employes herinabove specified in Section 6A directly and regularly employed by the exhibitors as of August 23, 1933. be increased so as to decrease the number of such employes employed in any theatre or theatres in any commurity. except by mutual consent. 8. With respect to any labor not hereinbefore provided for, such labor when regularly employed by the exhibitors shall be paid not less than 40 cents per hour. O'Reilly Move May Realign Authority (Continued from page 1) co-ordinator, is understood to have disturbed Deputy NRA Administrator Sol A. Rosenblatt considerably by his decision, although the deputy administrator is not believed to have expressed hiinself in so many words. As reported exclusively in Motion Picture Daily, O'Reilly is definitely slated for one of 12 posts on the code authority board. Install Wide Range BiiiKALo, Oct. 5. — Basil Bros, have installed wide range sound reproduction in the Hollywood, Victoria, Genesee and Broadway theatres. Code Parley Splits with Lines Drawn (Continued from page 3) is the final washup on code formulation has been set back for the third time. In the meantime the gags that are being bandied about are growing in nurtiber. Edwin J. Loeb has sent to California for a winter overcoat and tonight Ed Kuykendall received a wire from a Kansas exhibitor who, having read the highlights of the NRA code, wants to know if he can't get the original agreement back again. MPTOA Will Stick 'Till Code Is Set Washington, Oct. 5. — Regardless of what other exhibitor organizations may do, the M.P.T.O.A. will stick it out on the Washington front until the code is finished, or Rosenblatt sends the delegation home, declared Ed Kuykendall, president, today. "We cannot accept some of the provisions as they are phrased. The possibility is strong, however, that we can work them out, and so we propose staying on the job," he said. "Ninety-five per cent of the increased operating cost under the code will be borne by exhibitors and therefore we feel we are entitled to some consideration in framing trade practices which will prevail." Particularly disturbing to the M.P.T.O.A. delegation are the labor provisions. Supply Dealers in Haze on Rejection Washington, Oct. 5. — Supply dealers whose code was the first to be rejected by the NRA, cannot figure it out. Many provisions in the tentative draft were drawn from other codes already approved by the NRA, and, as a matter of fact, were actually clipped and pasted. Despite this, the draft was entirely rejected, necessitating a rewrite. About two^thirds of it is acceptable, but one-third has been ordered redrafted. This work is largely in the hands of J. E. Robins, president of the Independent Theatre Supply Dealers' Ass'n, who now is seeking definitions on unacceptable points from various NRA officials, including representatives of the legal, planning and research, consumers and labor divisions. When clear the new code will be mailed throughout the country and a second hearing will be held here. LT.O.A. Expands Offices Headquarters of the L T. O. A. have been enlarged, but no weekly meetings will be held there. Tuesday gatherings will be continued to be held at the Astor Hotel.