Motion Picture Daily (Oct-Dec 1933)

MOTION PICTURE DAILY Wednesday, October II, 1933 New Code 85 P. C Completed Salary -Fixing Plan Is Out Of New Code {Continued from page 1) meetings with various groups. What these meetings would be and with whom were something he likewise refused to outline, although one of them will be with the exhibitor committee on labor Wednesday morning. Volunteering the information that some groups had signed, Rosenblatt was silent on details. He refused to list the names or the groups by industry divisions. Another possibility is that some clauses as they now stand will be changed further. This depends on the outcome of the meetings, the nature of which he declined to discuss. Substantial portions of the second revised code have undergone changes in text and position in the docurnent as it now stands. Substantial portions likewise appear as they did in the first NRA draJEt. The preamble now embraces 15 trade definitions as against the original 17 and, while many are identical with those which appeared in the first draft, several are not. Definitions of agents' and artists' bureaus are not included. Also eliminated is the definition of a contract. Authority for Same Exposition of code authority and its function is essentially the same, while, just as the first draft had left blank personnel of this important body, likewise does the second. Rosenblatt stated he was not ready to list the names of those who will serve on it. There are, however, three new clauses in the code authority section. These are listed as Numbers 8, 9 and 10. The first vests in the body the right to prescribe additional rules governing the conduct of producers, distributors and exhibitors among themselves and with each other. These are listed as Numbers 8, 9 and practices if approved by the administrator. Number 9 gives code authority the right to use facilities of regional and local trade associations, if it so decides, to further its operations. Number 10, which exhibitors consider a concession, stipulates no member of code authority shall sit on any matter involving his company or his own interests "directly or as a class." The labor provisions, troublesome clauses in the eyes of the exhibitors, indicate theatre men have lost their fight to have the prevailing wage scale for operators as of July 1, 1933, when summer cuts went into effect, prevail. The code reiterates that the scale as of Aug. 23, 1933, when summer cuts had been restored generally, is to be the rule.' Exhibitors tonight were studying these provisions anew and had not indicated to Rosenblatt whether or not they would accept them. Board for Players An entirely new provision, for which the Academy through Cowan, claims credit, concerns free-lance players, of whom, Cowan says, there are several thousand in Hollywood. The provision calls for a standing committee representative of employers, free-lance players and the public to pass on grievances and problems governing the working conditions under which this type of performer is to proceed. Code authority will supervise this activity. This, therefore, remains the situation to be determined at some future date. Much interest centers around what was Article 9 in the producers' code, which now is listed as Part 4. It places the handling of agents who, producers have insisted, must be controlled in code authority. Producers are forbidden to transact business with agents who offer gifts or gratuities to producers or employes. They are forbidden to alienate or entice employes under written contract from their present employment, to knowingly make false representations to any producer in negotiations. Wide power to control agents is further vested in code authority, which retains the right to license agents, such license to be in addition to any required by state or municipal law, and also the right to suspend, revoke or cancel such license, if the agent is found guilty of code violations. In the offing is a set of fair practices governing the relations of agents and producers. Participation of any producer, or an employe of any producer, in the agency business will be out with the signing of the code unless notice is furnished code authority 20 days from the date on which such an interest is acquired. Administration Favors Plan Failure to set up a salary-fixing commission follows details published in previous despatches to Motion Picture Daily. The Administration, it is known, favors such a plan and by so declaring originally gave major producers a thought which they had not entertained earlier. Efforts to set up a board, however, met opposition from within, the Hays member companies failing to agree among themselves on the much-discussed issue. Indications are, therefore, that producers, by returning to what is essentially their original proposal, have scored a victory. Doubt over the legal aspects of any salary-fixing commission also played a vital part in the decision which tonight was reported to have been furthered along following the meeting which Nicholas M. Schenck had with General Johnson on Monday. No Secret Agreements The article, now listed as Part 5 of the producer section of the code, bars producers from secret agreements or fomenting discord among employes under contract to another producer. It bars negotiations of any description prior to the last 30 days of an expiring contract, but freelance players are covered in a separate clause. Where a competing producer makes a bid for service within the confines of the limiting clause he is compelled to inform the employing producer of his offer and to outline fully the terms and conditions of his proposal. No Cheers on Labor Washington, Oct. 10.— Retention in the second NRA code submitted tonight of Aug. 23 as the determining date on which operator wage scales are to prevail elicited no cheers from the exhibitor committee tonight. They had been moving for July 1 as the date and generally believed they would win their point. Aside from the date, the changes in the labor provisions are slight and generally clarify formulas under which disputes are to be determined. At a late hour tonight the exhibitor committee and other codifiers were still studying the new code and had not signified to Rosenblatt whether they were willing to accept his decisions on labor. They meet with him Wednesday morning in an effort to finally reach a solution. Authority Is Vested with Full Powers If the employing producer meets terms and conditions, the bidding ends, but the player so involved will retain the right to determine whether he prefers to continue with the old employer or join the new one. In the case of talent under written contract for at least one year, or for three pictures, inclusive of options and where the salary is not less than $250 per week, or more than $2,500 per picture, the employing producer is to be given the right to match the competing offer within three months after the contract so involved expires in all of those instances where the player earns less than $1,000 a week, or less than $10,000 per picture. Other classes of players covered are those not under written contract but who earn not less than $250 per week, or $2,500 per picture, as well as those under written contract for a period of less than one year where the salary is the same. Registrar is Provided Replacing the administrative committee proposed originally by producers will be a registrar cloaked "with full power and authority to determine the good faith of any offer made." He will also designate whether the period in which to meet competing offers is to be three or six months. The registrar tonight was likened to the post formerly held by Edwin J. Loeb, prominent coast attorney, under the arbitration agreement signed some time ago between the Academy and major producers. _ If code authority, or any committee, appointed by it for the purpose, discovers any producers or employe has refused to meet the mandate of this clause, it may order all producers to refrain from hiring any such employe for whatever period code authority may designate. The teeth in this provision go beyond and give code authority the right to call it an unfair trade practice for any distributor or exhibitor to sell or to show any picture produced by, or with the aid, of such person regardless of how or where such picture is made. Thus it becomes apparent culprits will be forbidden from leaving one producer for another and continuing the same violation. Section 8 of this division in the code is loaded with dynamite. It empowers code authority to "impose restrictions, prohibitions or conditions" as it may deem proper upon the distributor and exhibitor of pictures produced bv any producer who "deliberately, willfully or persistently violates any of the provisions of this part." The registrar will be appointed and removed by code authority. Other major changes include the readjustment in the personnel or grievance and zoning and clearance boards as announced by Rosenblatt and pub lished in the Motion Picture DailI last Saturday. Likewise the code details terms of the 10 per cent cancellation privilege as reported on the same day. Code Delaying Union Parleys In K. C. Area Kansas City, Oct. 10. — Code discussions are delaying new labor contracts in the Kansas-Missouri territory, according to Felix Snow, stage employes' business agent in Kansas City and regional representative of the I. A. T. S. E. Contracts with unions which expired Aug. 31 have not been renewed by Fox Midwest and other theatres in Kansas, pending completion of the code, said Snow. The same holds in Kansas City, Kan., where theatre owners have presented union demands to the district NRA representative. The operators' union in that city has decided to await adoption of the code before pressing its claims. The I. A. T. S. E. general office has sent out instructions to that effect, it is said. Outcome Hinges on Clauses Outcome of Dubinsky Bros.' fight with the operators' union in St. Joseph, Mo., also hinges on labor clauses in the industry code. A recent attempt to concijiate differences under authority from the National Labor Board, met with failure when the union local refused to waive existing contracts providing for twomen-in-a-booth. Contracts calling for two men to a shift run to Dec. 1. The Dubinskys ask a reduction in manpower at their three houses in St. Joseph and allege they were forced to sign present contracts under duress. To fight the union, they said, meant violence in the form of stench bombs and fire.