Motion Picture Daily (Jan-Mar 1934)

6 MOTION PICTURE DAILY Monday, March 19, 1934 Manual on Grievance Procedure Text of the manual of procedure for grievance boards, as officially released by Code Authority on Saturday : I Appointments Pursuant to the provisions of the Code of Fair Competition for the Motion Picture Industry, approved by President Roosevelt on November 27th, 1933, the Code Authority of the Motion Picture Industry has appointed the following to act as_ members of the Local Grievance Board and the Secretary of such Board, for the -. Exchange Territory, the duration of each of such appointments to be at the will of the Code Authority. 1. Representative of National Distributors with Theatre Affiliation Mr (City) (State) Associated with 2. Representative of Distributors without Circuit Theatre Affiliation Mr , (City) (State) Associated with .... 3. Representative of Exhibitors, Affiliated Mr , (City) (State) Associated with 4. Representative of Exhibitors, Unaffiliated Mr (City) (State) 5. Impartial Representative of the Code Authority. Mr (City) (State) 6. Secretary Mr.-Miss , (City) (State) The members of the Local Grievance Board shall meet promptly after their appointment by the Code Authority at such time and place as shall be fixed by them. Prior to such first meeting, each member shall subscribe to the oath in the form attached hereto and shall forthwith transmit such oath for filing with the Administrator, to the Executive Secretary, Code Authority of the Motion Picture Industry, 23rd floor, RKO Building, Rockefeller Center, New York City. Thereupon the members shall by majority vote select from their number a Chairman, determine the regular intervals at which meetings shall be held and designate the date of the next meeting. There shall be transmitted by the Code Authority to the Secretary a complete and certified list of Distributors maintaining exchanges in, and Exhibitors operating theatres served out of the Exchange Territory, who have qualified to file complaints with the Local Grievance Board pursuant to Article VI, Part 2, Section 8. The jurisdiction and authority of the Local Grievance Board and all requirements necessary to properly make any complaint to such Board should be carefully studied by the members of the Board and the Secretary thereof with particular attention to Article VI, Part 2, Section 4. The Secretary of the Local Grievance Board should become familiar with the provisions contained in the Code which are to be followed in the case of appeal. (Article VI, Part 2, Section 7.) The procedure for an appeal is mandatory and must be strictly followed by the appellant. The Secretary shall be helpful and sufficiently informed so as to answer corrrectly questions as to procedure. Constant reference to the printed text and to any instructions issued by the Code Authority will prevent mistakes and duplication of work. Rules for Local Grievance Boards II Organization Sec. 1. Meetings of the Local Grievance Board shall be held in the city of at such time and place as shall be designated by such Board. Notice of each meeting of the Local Grievance Board shall be given to each member by the Secretary at least three (3) days prior to the date thereof, except that for a meeting called as provided in Article V. D, Part 9 (b), forty-eight hours telegraphic notice shall be given. Any notice to be given any member of the Local Grievance Board shall be deemed given sufficiently and completely if and when delivered or mailed to such member at his address appearing on the records of the Local Grievance Board. The members of the Local Grievance Board shall not be entitled to nor shall they be paid any compensation for their services. For attendance at meetings, each member of the Local Grievance Board shall be paid the amount itemized in writing by such member and approved by the Secretary, as having been expended by him for railroad fare to travel from his place of business or residence, whichever is nearer, if not in the city of and for necessary hotel room expense not to exceed Five Dollars ($5.00) per day. Sec. 2. In the case of the absence, ineligibility or incapacity of any member of the Local Grievance Board to act at any meeting thereof, the Chairman shall appoint as temporary member, a member of the same classification from the Local Clearance and Zoning Board, provided that such member is available to serve. In the event he is not available, a temporary member shall be selected unanimously by the members of the Local Grievance Board from the same general class of the absentee member. In the event of failure to obtain a unanimous choice, the temporary member shall be appointed by the Code Authority. The temporary member shall act only for the time during such meeting that such regular member is absent, incapacitated or ineligible. If a vacancy occurs because of death or permanent ineligibility, or permanent incapacity, the vacancy shall be filled by the Code Authority. At all meetings of the Local Grievance Board the presence of all of the members shall be necessary to constitute a quorum and on all matters the vote of the majority of all of the members shall be deemed to be the action of the Local Grievance Board. (Article VI, Part 2, Section 6b). The impartial representative of the Code Authority shall vote only in case the vote of the other members is evenly divided. (Article VI, Part 2, Section 6a). Sec. 3. At each meeting of the Local Grievance Board the members shall select a Chairman from their number with full voting rights, to preside at the meeting of the Local Grievance Board and any recess thereof. The Chairmanship of the Local Grievance Board shall be rotated among the members and each member shall in turn be selected to act as Chairman. Sec. 4. The Code Authority of the Motion Picture Industry shall appoint and fix the compensation of the Secretary, who shall be a person not a member of the Local Grievance Board. The services of the Secretary may be terminated at any time by the Code Authority. The Secretary shall keep a record of the proceedings of all meetings of the Local Grievance Board and of all other matters of which a record shall be required by the Code Authority. The Secretary shall take minutes of all hearings in such form and to such extent as the Code Authority shall direct, and such minutes shall be part of the record. The Secretary of each Board shall make application to the proper State or Municipal Authority for appointment to administer oaths, and shall at all hearings administer the oath to all witnesses. The Secretary shall issue notices of all meetings and shall perform such other duties as may from time to time be designated by the Code Authority. Sec. 5. Neither the Local Grievance Board nor any member thereof or the Secretary shall make any commitment for expenditures other than necessary hotel room expense or railroad fare as provided for in Section 1 hereof, without first obtaining written approval therefor from the Code Authority. Sec. 6. These rules may be amended and added to at any time by the Code Authority. Sec. 7. No member of the Local Grievance Board shall sit on any matter involving his own or his company's interest. (Article VI, Part 2, Section 6a). /// Procedure The Local Grievance Board may receive and determine only such matters as are specified in a written complaint, sworn to by the complainant, and filed in triplicate with the Secretary who shall forthwith deliver a correct copy thereof to each party complained of and to each party whose interests may be affected by the determination. IV Hearings Sec. 1. All parties concerned in any hearing may appear in person or by attorney. They shall be notified of the time and place of hearing by the secretary at the same time the secretary notifies member of the Local Grievance Board. The authority of the members of the Local Grievance Board to hear complaints is derived from and limited by the Code of Fair Competition for the Motion Picture Industry. Members are not bound by the technical rules of evidence but should refuse to admit evidence which is immaterial or irrelevant. Members are without power or authority to make any determination which shall be at variance with the provisions of the Code of Fair Competition for the Motion Picture Industry or any interpretation thereof by the Code Authority Sec. 2. In arriving at a conclusion, each member should be mindful that his responsibility is as great as that of a judge sitting in a court of law. Each member should be actuated by principles of justice. Members of Local Grievance Boards must be impartial. They cannot be impartial if (a) they have any private agreements with either party respecting the subject matter in controversy. (b) they have any bias or prejudice in favor of or against any of the parties. It shall be the duty of any member having any bias or prejudice in favor or against any of the parties to announce such bias or prejudice prior to the hearing of the complaint. If the bias or prejudice of a member is established, such member shall be ineligible to sit upon the Local Grievance Board determining the complaint in question. Sec. 3. Members of the Local Grievance Board should avoid (a) acting as conciliators. Their duties are not to seek a compromise but to reach a fair decision and to make a just disposition based solely upon the evidence. (b) acting as an advocate or agent of any party. Their duties are not to argue or to defend but to hear and decide solely on the basis of the evidence submitted. (c) expressing opinions or views concerning the parties or the controversy, except in the written determination thereof. Sec. 4. The members should so conduct the hearing as not to prepudice the interests of either party. They should not receive and should decline to receive private communications, or other information from any source. If any such information is received or in their possession, open disclosure thereof must be made at the hearing, and/or before determination. Each party should be granted an equal opportunity to present his case. Sec. 5. The members shall observe the following rules. (a) all witnesses must be sworn. The following form of oath shall be used: "Do you solemnly swear that in the matter of the complaint of against you will tell the truth, the whole truth and nothing but the truth, so help you God?" (b) hear in the presence of all members, first, the witnesses of the complaining party and then the witnesses of the defending parties. The members should permit the parties or their attorneys to cross-examine all witnesses and present their own witnesses in rebuttal. The members may during the hearing question all witnesses if they so desire, without unduly interrupting the orderly conduct of the hearing. (c) permit the parties or their attorneys to briefly sum up their case. (d) adjourn the hearing to a future date for good reason. Take all possible steps to avoid unnecessary delays to the end that all hearings be expedited. (e) confer immediately at the end of the hearing and arrive at a determination based solely upon the evidence submitted. Sec. 6. Members of Local Grievance Boards are cautioned to (a) refuse to admit evidence which is immaterial or irrelevant. (b) refuse to consider evidence if no opportunity is afforded for crossexamination of the party or witness whose evidence is offered. (c) postpone only for compelling and proper causes a hearing already set. (d) avoid reaching a decision before the close of the case. V Determination Sec. 1. The determination must clearly reflect the decision of the majority of the members of the Local Grievance Board. Decisions of a Local Grievance Board wherever possible should be unanimous and may be publicized. There can be only one determination. Accordingly, the members should never make a determination which (a) contemplates further action of any kind by the Local Grievance Board, except as provided in Article V-E. Part 3, Section 3. (b) reserves to the members further powers or action. Sec. 2. The Local Grievance Board shall not have power to award damages. Sec. 3. Upon a determination directing distributors not to enter into new contracts, and not to deliver further pictures under existing contracts (Article V.E.. Part 3. Section 3) the secretary shall forthwith notify all distributors. Sec. 4. All determinations must be in accordance with the provisions of the Code of Fair Competition for the Motion Picture Industry, and in accordance with any interpretation thereof by the Code Authority. Sec. 5. The determination should be certain in its terms and simple in its language. It should state in clear and simple language the determination of the Local Grievance Board. Each determination should be so phrased as to be possible of performance. Each member shall sign the determination indicating whether he vote* in favor thereof or dissents therefrom. Sec. 6. Members of the Local Grievance Board are not required to state the reasons for the conclusions reached, but may do so if they see fit. The members may incorporate their reasons in an opinion accompanying the determination, if they or any of them so desire. Sec. 7. Any party to a hearing desiring a stenographic transcript of the proceedings and testimony, may employ a competent stenographer approved by the Local Grievance Board. In the event of appeal, such transcript may be used only when certified to be correct by the Local Grievance Board. Sec. 8. Upon the filing of a notice of appeal from any determination of a Local Grievance Board, the Secretary shall notify all affected parties. The manual concludes with the oath form, facsimile of which was published in Motion Picture Daily on March 10. Code Manuals Are Issued; Impartial Men to End Ties (Continued from page 1) will appoint a substitute of the same general class. If no unanimity can be obtained, the authority will wire a selection. Local autonomy is designed to prevail. Each member of the boards will be given a chance" at the chairmanship. Decisions of the boards should be unanimous and may be publicized, the manuals reveal. The interpretation by Donald R. Richberg, chief NRA counsel, in regard to assents is included in each manual. Letters to nominate local secretaries also accompany the booklets, which are being sent out today by Code Authority to all board members.