NAB reports (Jan-Dec 1946)

anomaly. It is reported that 1 of the networks has a staff orchestra of 95 pieces and compliance with this order would require the employment of 190 musicians to needlessly duplicate and embarrass the work of one orchestra. A circumstance that gave impetus to this legislation was an edict directed at a music school in Michigan, which prohibited a broadcast by a school orchestra unless a tribute of three times the usual price of an orchestra of the federation was paid for that privilege. The Vandenberg bill which passed the Senate and the Dondero bill in¬ troduced in the House were outgrowths of that circum¬ stance. Conclusion The coercive character of the methods followed in the name of the American Federation of Musicians is attested by the indisputable fact of the millions of dollars mulcted from the broadcasting industry in recent years. Time after time broadcasters have paid tribute, and otherwise acceded, to these extortionate demands rather than suffer the greater hardships and losses that refusal to comply would involve. These tributes and other exactions were not payments for services or to satisfy an obligation owed to those who demanded them. They were the price paid for the peace of being relieved from the penalties of re¬ fusal. As a reward the broadcasting industry has been confronted with more and greater demands of equal viciousness. It is the responsibility of the Congress to take effective action to stem the rising tide of unconscionable demands upon the broadcasting industry, against which, in the present state of the law, that industry is powerless to de¬ fend itself. To the end of meeting that responsibility, prompt enactment into law of the bill here reported is strongly recommended. Explanation of the Provisions of the Bill by Subsections The bill proposes to add to title V of the Communications Act of 1934 a new section 506, containing subsections (a) to (e) , inclusive. Subsection (a) This subsection makes it unlawful to coerce, compel, or constrain (or to attempt to coerce, compel, or constrain) any radio-station licensee to do any one or more of the things specified in paragraphs (1) to (6), inclusive, of the subsection, whether such actual or attempted coercion, com¬ pulsion, or constraint is exerted by the use, or threat of the use, of force, violence, intimidation, or duress, or whether it is exerted by the use or threat of the use, of any other means (whether or not of the same character as force, violence, intimidation, or duress). It has been necessary to use the broad language “or by the use or express or implied threat of the use of other means” in order to make the legislation effective. It was necessary to use language broad enough to embrace actual or threatened boycotts and actual or threatened strikes, because these, as well as action or threatened action of like character, could well be among the means by which the coercion, compulsion, or constraint prohibited by the bill may be accomplished or attempted to be accomplished. If the language were not this broad the legislation would fail to accomplish its purpose. This subsection does not prohibit the right to strike or to withhold services, or force individuals to work against their will or desire. It will place no limitation whatever on the use of strikes for the accomplishment of legitimate objectives, such as wage increases or better working con¬ ditions. The subsection does not prohibit strikes as such. What it does do is to prohibit the accomplishment, by actual or attempted coercion, compulsion, or constraint, of certain unconscionable and wrongful objectives, regardless of the means used. A strike or threat of a strike is one method by which it is possible to exert or attempt to exert such coercion, compulsion or constraint, and, if it is the method used, the wrongful character of the offense is the same as though other means had been used. The acts or things specified in paragraphs (1) to (6), inclusive, which it is made unlawful to coerce, compel or constrain, or attempt to coerce, compel or constrain, a licensee to do, are as follows: (1) To employ or agree to employ, in connection with the conduct of the broadcasting business of such licensee, any person or persons in excess of the number of em¬ ployees wanted by such licensee; or (2) To pay or give or agree to pay or give any money or other thing of value in lieu of giving, or on account of failure to give, employment to any person or persons, in connection with the conduct of the broadcasting busi¬ ness of such licensee, in excess of the number of em¬ ployees wanted by such licensee; or (3) To pay or agree to pay more than once for serv¬ ices performed in connection with the conduct of the broadcasting business of such licensee; or (4) To pay or give or agree to pay or give any money or other thing of value for services, in connection with the conduct of the broadcasting business of such licensee, which are not to be performed ; or (5) To refrain, or agree to refrain, from broadcasting or from permitting the broadcasting of a noncommercial educational or cultural program in connection with which the participants receive no money or other thing of value for their services, other than their actual ex¬ penses, and such licensee neither pays nor gives any money or other thing of value for the privilege of broad¬ casting such program nor receives any money or other thing of value on account of the broadcasting of such program; or (6) To refrain, or agree to refrain, from broadcast¬ ing or permitting the broadcasting of any radio com¬ munication originating outside the United States. Subsection (b) This subsection makes it unlawful to coerce, compel, or constrain (or to attempt to coerce, compel, or constrain) (Continued on next page) DISTRICT MEETINGS AHEAD 12th District Feb. 4-5 Tulsa Hotel Tulsa, Okla. 6th District Feb. 7-8 Peabody Hotel Memphis, Tenn. Uth District March 18-19 Radisson Hotel Minneapolis, Minn. 8th District March 21-22 Pantlind Hotel Grand Rapids, Mich. 9th District March 25-26 Palmer House Chicago, Illinois 7th District March 28-29 Gibson Hotel Cincinnati, Ohio 4th District April 11-12 Cavalier Hotel Virginia Beach, Va. 2nd District April 25-26 Roosevelt Hotel New York, N. Y. 5th District April 29-30 San Carlos Hotel Pensacola, Florida 1st District May 13-14 Hotel Statler Boston, Massachusetts 3rd District May 16-17 Bellevue Stratford Hotel Philadelphia, Pa. FEBRUARY 4, 1946 73