Radio annual and television yearbook (1940)

is complained of and any prosecution, civil or criminal, private or governmental, shall follow, Producer agrees at his expense, to defend the performer and to pay all charges and judgments so incurred. 10. Alterations: Producer agrees that he will make no contract with any performer at terms less favorable to such Performer than those contained in this Code and make no changes or alterations of these provisions without the written consent of AFRA, nor, without such consent, shall any performer be deemed engaged upon terms which would commit such performer to do any acts after this Code expires, which would violate any rule of AFRA. 11. Bond in Certain Cases: AFRA reserves the right, in the event it determines that a particular Producer is not reliable or financially responsible, to require the posting in advance, of an adequate bond, cash or other security. 12. Unfair Producers: Producer agrees that he has notice that the AFRA Code of Fair Practice represents the minimum terms and working conditions of performers in Network commercial broadcasting. Anyone engaging performers in this field who breaches or violates conditions of the Code may be regarded as unfair and performers may be instructed not to work for anyone who is unfair. 13. Notice of this Code will be given to AFRA members, and they will contract subject thereto, and as to such producers who either sign this Code or signify their intention to abide thereby, the member will sign any contracts subject to the fulfillment of all obligations of such producer hereunder. 14. Any representative of AFRA shall be admitted to the premises of the producer or where the rehearsal or broadcast takes place, at any reasonable time, to check the performance by the producer of this Code; but such checking shall be done so as not to interfere with the conduct of the producer's business. 15. The producer agrees, for the benefit of AFRA and all performers employed by the producer, that existing contracts with all performers are hereby modified in accordance herewith, but no terms, wages or hours now had by any such performers which are more favorable to such performers than the terms, wages or hours herein specified, shall be deemed so modified. If there are any other contracts between or among signatories to this Code or those who signify their intention of abiding thereby, which require performers to work under terms, wages or conditions less favorable to such performers than this Code, then, notwithstanding such contracts, it is agreed that this Code shall, nevertheless, apply for the benefit of all such performers and of AFRA. 16. The terms and conditions covered by this agreement are for the engagement of radio artists on commercial "network" broadcast programs produced under the auspices of the producer, on the "network" facilities of the National Broadcasting Company, Inc., the Columbia Broadcasting System, Inc., and the Mutual Broadcasting System, Inc., originating in New York, Chicago. Hollywood, Los Angeles or San Francisco. "Network" means two or more stations joined by wire for simultaneous broadcasting. On major stations in New York and Chicago, the network rate shall apply to a broadcast from one such station. 17. Nothing in this Code shall be construed as preventing the producer from buying package shows from fair independent contractors; provided that the producer must, in its agreement with the independent contractor, include a provision requiring such contractor to sign, adopt and conform to AFRA's Code of Fair Practice, and further provided that such independent contractor becomes a signatory to such Code. 18. Signature voices on dramatic shows shall be paid a minimum of $50 for five programs a week and $12.50 for the re-broadcasts; $10~~for single broadcast and $2.50 for re-broadcast; and 15-minute rehearsal: dress rehearsal included. If). The fee for a record made prior to the live broadcast on a 15-minute program shall be $10 and $0 per hour for first hour of rehearsal. $3 per half-hour or part thereof for additional rehearsal. 20. Audience participation is excepted. 21. Extras and supernumeraries who do not speak individual lines shall be paid not less than $7.50 for the program and $5 for re-broadcast, including 4 hours of rehearsal time in two sessions. 22. The re-broadcast fee on 15-minute shows includes a 15-minute dress rehearsal immediately preceding re-broadcast. This applies both to actors and announcers. In cases of lateness for rehearsal or other breach by any member of AFRA, AFRA will invoke its disciplinary power under its Constitution. In the event of a collection of any fine due to such disciplinary action, AFRA may reimburse the producer who has suffered loss due to lateness or other breach. 23. Children on adult programs shall receive the minimum applicable fee for adults. Special children's programs where more than 75 per cent of the cast are children come within the provisions of the waiver clau«e and shall be so trpat^d. RESOLUTIONS PASSED IN 1939 Rule 5(a). "AFRA" or "Union" Shop Defined. AFRA members shall render services (1) only where all the actors, singers and announcers on the program or in the performance are members in g-ood standin gof AFRA and work under AFRA conditions and regulations, and (2) only for employers who enforce AFRA shop and who have agreed to and abide by AFRA terms and conditions. Rule 5(b). "AFRA" shop applies to recorded programs as well as "live" broadcasts. Where a record or electrical transcription is broadcast, all actors, singers and announcers who took part in the record or transcription, as well as all actors, singers and announcers on such part of the program as may be "live," must be members of AFRA in good standing and work under AFRA conditions and regulations. Rule 6(a). The National Board may, from time to time, place on the unfair list any employer or other person who refuses to abide bv union conditions established by AFRA, or is otherwise unfair to organized labor. Rule 6(b). No member of AFRA may work for any employer or other person who is on the unfair list, nor may any member of AFRA accept an engagement to work on a "live" or recorded broadcast originating at any radio station that is xtnfair. Rule 6(c). The term "employer" or "person," as used herein, includes any sponsor, advertising agency, radio station, network, individual contractor, producer and any other person, firm or corporation which is unfair. Rule 6(d) . The unfair list shall be binding upon all locals of AFRA. When any Local Board proposes to place employers or other persons on the unfair list, such proposal must be submitted to the National Board for approval, together with a statement of the reasons therefor. Rule 7(a). The Code of Fair Practice for Commercial Broadcasting Minimum Terms and Conditions for Radio Artists shall be applicable to all network broadcasting and to all commercial programs broadcast on any network system or its stations. Explicitly, the Code applies not only to programs broadcast over the facilities of the National Broadcasting Company, Inc., the Columbia Broadcasting System, Inc.. and the Mutual Broadcasting System, but in addition applies to any new network or stations from which commercial programs shall originaate, and which shall, in the opinion of the National Board, be classified as coming within the terms of the Code. 7(b). No member of AFRA may accept an engagement or make a contract requiring the performance of services on any network system until such system has been classified by the National Board or permission to accept such engagement and make such contract has been granted by the National Board. 691