Motion Picture Herald (Nov-Dec 1934)

66 MOTION PICTURE HERALD November 3, 1934 THE CODE QUESTION BOX By JAMES P. CUNNINGHAM No. 83— ART DEPARTMENTS AND THE FILM CODE QUESTION — Please advise if there is in existence a code covering that branch of the theatre kuou'ii as art departments. This should come under the heading of display artists employed by the exhibitor. This ivork consists of designing, creating and originating advertising displays {large and small) for theatre fronts, lobbies, foyers, cards, banners, electrical animated displays, scenic effects for orchestra pits, stage sets for vaudeville units — in other words, a complete art service for the exhibitor. The writer zvorks six days per zveck, on an average of SO hours per zvcek, with a salary of approximately $30 per zt'eek, handling art serz'ice for a group of theatres. I am informed that the sign painters' code calls for a 40-hour zeeck at the rate of $1.25 per hour. Am' I protected by this code a)td what procedure must be taken to secure the difference in salary since the code became effectizv? To become a member of the sign painters' union zvould mean immediate discharge from the company.—FLORIDA. ANSWER — The motion picture code does not specifically provide for sign painters or display artists or art department workers as such. It does provide for a 40-hour maximum working schedule weekly for virtually all theatre employees and this would apply to such art workers. However, Clause Section 6 (a), Paxt 1, Article IV, does say that "skilled mechanics and artisans who are directly and regularly employed by exhibitors shall receive not less than the minimum wage and work no longer than the maximum number of hours per week which were in force as of August 23, 1933," but in no event shall the maximum hours exceed 40 weekly. If the art worker is unable to come to an understanding with the exhibitor employer as to the establishment of a 40-hour maximum working schedule, or as to what constituted the maximum hours or minimum wages as of August 23, 1933, then the employee has the right to present his case to the Regional Labor Board or the NRA Code Compliance Board in his territory. The address of either board may be obtained from the National Recovery Administration at Washington, D. C. Either board would inform the employee as to his rights. In any event either one of the boards is vested with the power to decide whether the worker is entitled to receive any back salary. With regards the inquiring art worker's statement that to become a member of the sign painters' union would mean immediate discharge from the company, the motion picture code offers him protection against such discharge, in Section 1 (b). Article III, which says : "No employee and no one seeking employment shall be required as a condition of employment ... to refrain from joining, organizing, or assisting a labor organization of his own choosing," and if he is interfered with in this connection the employee can bring his complaint to either the Regional Labor Board or to the local Code Compliance Board, referred to in the paragraph next above. V V V No. 84— "DIAMOND BALL" COMPETITION AFFECTING THEATRES QUESTION — IVe haz'e a Z'ery peculiar situation here in our city, in which they are playing ahnost nightly "Diamond Ball," from 7 o'clock to 11 :30, at the city park, and to zi'hich there is no admission charged. Please adz'ise w; the ita)ne end addres<: of the proper person to address in regard to this matter.—FLORIDA. ANSWER — The motion picture code cannot control the nightly "Diamond Ball" competition which is played in the city park and to which there is no admission charged. We do not know whether this situation would come under the Outdoor Amusement Code — which has no relation whatsoever with the motion picture code — and it is suggested, therefore, that the matter be placed before Sol A. Rosenblatt, NRA Division Administrator, who is in charge of all amusement codes and to whom a letter may be addressed at the National Recovery Administration in Washington, D. C. V V V No. 85— REPLACING NON-UNION HELP WITH UNION WORKERS QUESTION — // / were employed in a theatre for four consecutive years, coidd I be discharged zmthout cause and be replaced by a union zuorker if the house signed %ip zi'ith the union?— NEW JERSEY. ANSWER — The motion picture code does not prevent an exhibitor from discharging his non-union projectionist (as in the case referred to above ) and substituting in his place a union projectionist. However, the code does say that no employee shall be required as a condition of employment to join any company union. The code does prevent an exhibitor from interfering with his employee's participation in a union, but it does not protect the employee in a case where the exhibitor substitutes in his place a union operator. Theatres Must Carry Liability Of interest to several hundred New York City exhibitors was the decision made this week by License Commissioner Moss, who held that theatres which do not carry liability insurance cannot escape responsibility for injuries to patrons. The judgment, which was obtained by a Joseph Rockstein of Brooklyn, involved Minsky's theatre in that borough. Mr. Rockstein had fallen into a hole inside the theatre and Commissioner Moss directed the theatre to pay $324 damages. United Air Lines Cuts Coast to Coast Schedule General Airlines has replaced its Fokker tri-motored planes with new Douglas transports between Los Angeles and Salt Lake, connecting there with United Air Lines Boeings to Chicago and New York. The new United Air Lines schedule is two hours faster to Chicago and two and three-quarter hours faster to New York. The Railway Express Agency reports a domestic increase in air shipments of 113 per cent in nine months of 1934 over 1933. Renew Recording License Chesterfield and Invincible have renev\'ed their Photophone sound recording license with RCA Victor for recording with the high fidelity system. Mentone has begun a series of two-reel subjects at the Biograph studios in New York. Immediate reply is being made direct to the many letters which Motion Picture Herald is receiving from exhibitors and distributors in the field, and from others, in which various questions are asked concerning certain doubtful phases of the Motion Picture Code. In addition, such code questions and the answers submitted are published as a regular service. For obvious reasons, the letters will appear anonymously. However, the originals will remain on file. Answers to questions about the Code are submitted only after consultation with authorities familiar with the technicalities of the document. This service is available to everyone. Send questions to the Code Editor, Motion Picture Herald, 1790 Broadway, New York City. Faralla, Friedlander First Division Executives Dario Faralla has been named treasurer of First Division and Henry Reiner appointed short subject sales manager in charge of the "Musical Moods" series in the Metropolitan area and out-of-town circuit houses. Meyer Gruber and Israel Landau were similarly appointed in the Boston and Louisville exchanges, respectively. Al Friedlander, assistant to Harry H. Thomas, president of First Division, and in charge of advertising and publicity, has been elected a vice-president of the company. He has been associated with First Division for 14 years. P. K. Thomajan, formerly associated with Paramount and Harold Lloyd, has joined First Division as assistant to Mr. Friedlander, handling special publicity and advertising on the "Musical Moods" and "Hei Tiki." David J. Selznick has been named short subject branch manager in Pittsburgh, in charge of the "Musical Moods" shorts series, and Basil Brady will be similarly in charge in Buffalo. It is expected the company will open an exchange in Chicago. M. C. Howard is in charge of the new ofiice in Atlanta. Denver Managers Organize, Dennand Freedom of Action Managers of theatres in the Denver metropolitan area, at a luncheon last week, condemned the practice of blanket laws to apply to any and all situations, and demanded of the Code Authority that they be permitted to exercise local autonomy over matters affecting the Denver area. The managers organized Denver Theatre Managers, Inc., and filed incorporation papers. Meetings will be held at the Brown Palace hotel once a month. At their first meeting they voted to permit each theatre to have two giveaways each month. Officers of the organization are: president. Rick Ricketson ; vice-president, H. A. Goodridge ; treasurer, Frank Culp, and secretary and counsel, Emmett Thurmon. Directors are Mr. Ricketson, Mr. Goodridge, B. J. Hynes. B. D. Cockrill, A. P. Archer, Buzz Briggs and N. W. Kerr.