Variety (Aug 1933)

SO VABIETY LEGITIMATE Tuesday, AafiiBt'22, 1933 TEXT OF CODE FOR LEGITIMATE THEATRE (Continued froih; pajge 53) tee with I'espect to theS dlatri^utiori of theatre tickets, two duly author-- ized representatives from the Na- ~£Iohjfl~7rReatt*e~TiT;ket Dlstribiitors; Inc., shall thereupon and only with reference to sUch questions hecom© nxembers of said, Nation«il Leffitl- mate Theatre Committee^ ARTICLE III Genera] Labor Proyi 1. The employers agree tliat ©m ployees of erhployers subject to the jurisdiction of this dode shall have the right to organiz© and baifgain collepttvfy t*''''^"g^^ repre sentatives of their own choosihg,. and sbaJl be free from the interiCerehce, restraiint •or coercion of . employers of labor, or. their agents, in the designiatioh of such repiresentaitives or in self-r organization or in other concerted activities for the purpose of collec- tive bargaining or other mutual aid or, protection; no employee «»f eim- plojjrers subject to the jurisdiction of this Coder aiid ho one seeking employment from such eiriployers, shall be required as a coridltion of employment to join any company uAlon or to-refrain from: joining, or- eanizing, or assisting- a. labo^ .organ- -ization of his own' chooising;. em- ploj^ers^Ubject to the jurisdiction of this, code shall comply wit h. .. th e maximum houri^ of labor, mfnimiun; pates-of-payr-and-oth er c nTiditi . i ma_fl£ employment, approved or-prescribed by the Ptesldeht. ^ 2. To efteictuate section 7 of the Intiustrlal ReSoVery Act tihd in the interest of an American standard of living, the employers declare, them- selves in favor , of fair, scales of ^ages, proper hours and working conditions for all of their employees. ■ j.~~Thwe"' are-a^umber-of-rutes- and regulations presently existing: in respective or collective agree- ments between the employers and their organized ©mployees. The 'employers and employees pledge themselves to work for a readjust- ment of any and' all conditions or rules or regulations which prove either to result in prohibitive pro- -^duetion costs or in iny loss of eb- ployment among all the,employees of - the-omployers. ARTICLE IV Actors , 1. For actors with more tljan two years' theatrical experience, the ARTICLE y MMsiciahs, Etc. For those employeeis. associated -W;it4i--orga|ii3allons—of--<>r-^erfoim.-^ ing the dutien of theatrical stage employees, moving picture, machine operators or mUsiciaiis, there, shall be a minimum wage, of thirty dol- lars (^30.00) per week for eight per- formances per week and pro rata per performance or for jeheai^sals, a.nd a forty-ho.u.r- -week. However> where the prevailing wage scale as .of July 1, 1933,. enforced by the American Federation" of Musicians or any of its locals with riespect to mu s icians and enforc e d, by. th e I ft ternational AHiance of v Theatrical Stage Employees and Moving Pic- ture Machine Operators or any of Its locals with respect to theatriciU stage ■ employees or. motion picture machine operators, whether weekly 'or. dally, and the division of hours of labor, whether weekly or dklly, are :at/.a rate exceeding the mlhi- mum weekly /wag« scAlie herein pror .vided for or less than, the maximum number of hours per week herein provided for, such ptevailing scales and hours of labor throughout the country'shall; , be deemied to be and hereby are declared .to be , the : mini7 mum scale of wages and mjaxlmum number of hours with rfespect to such em ployees under this section of the: -GodeV '' ' ' —ARtlCLiS-VI Scenic Artists 1. Since the relatiphs of the, em-, pioyers are with firms, of- Scenic: Artists having" contractual relations with organizations of such labor, no minimum wage or. maximum num- ber of hours of labor with respect to such labor is -fix^d herein. ""^"ARTICLE'Vir - -' Transfer Men 1. The situation' above set forth with respect to th© Scenic artists prevails also with respect to trans- fer men. ..The employers declare in- favor of revision of the afereements of the Theatrical Truckmen's Union, and the Allied Theatrical Transfer Associatltxn and pledge themselves to work for a readjustment of their present-transfer-costs. . ■. ARTICLE VIII Wairdrobe AtiencTants employers agree to pay a minimum wage as follows:—"Where the box- olhce price of. the theatrical attrac- tion is 14.50 or more top price, the minimum wage ..shall be $50. Jjer week; where the top b0*-pfflce price of the theatrical attraction is $4.00 or more but. less , th^h -$4-50» the. minimum wage shall be $45 per ."Wi&ek; where the top box-office price of the theatrical attraction is more than $3 but less tKaTl~$4, thfe niiHl- mum wage shall be $42.B0 per week; •Where the top box-^offlce pt-ice of the theatrical attraction is $3 or under, the. minimum wage shall be $40 .per 2. For actors "with less than two years' theatrical experien'ce the em- ployers agree to pay a minimum ■vyage of $25 per week. ' 3. For the chorus there shall be a minimum wage of $30 per Week, the. employers subscribing to the wagfes presently fixed by the Choriis Equity Association. ' ' 4. The employers agree that, at the end of two weelcs of rehearsals they will pay a full week's salary to all actors receiving $100 a week or less; that for the first and second weeks of production half salaries shall be paid. This provisions is designed to aid. and. assist^ act- ors who may require- fundSj dur- ing the rehearsal periods. The pre- payment of such kctors is in the na^ ture of an advance pa3>:me.nt of 5. "There presently exist abuses with respect to the hours of labor of actors during the rehearsal pe- riod. The employers recognize that such abuses exist* and hereby pledge themselves to the Actors' Equity Association and the Chorus Equity Association and through the Kailohal Xegllimate Theatre Com- mittee to adopt and put .Into force - -tiubjeet-to~tK6" a1pip the Na- tional Recovery Administrator owlthin the shortest possible time «tCter the effective date of this Code, regulations of suph hours of labor \luring the riehearsal period which will be fair,, just an?l humane, con- forming to the spirit of -he Na- tional Industrial .Recovery Act, and for . the violation of which rules and •^. Regulations penalties shall, be. im posed. XI G. The employers agree to a week "==of-'not--more^than=40i.hours^for>^tQil employees. By reason of the pecu- liar nature of this industry this pro- vision sha,ll not be binding during the rehearsal periods, such periods Jiavlncr beoh. above, provided for. . . i. Upon the payment of the wocH's salary herein provided for at - the end of the twb weeks.of rehear- .sals.'riny boiid or monies deposited • by the employer shall be reduced by the- amount .of payment actually ma(l(» rigainst such salaries as de- ^ JBCl'll) A ARTICLE XII Stock Production* 1. Anything herein contained to the contrary notwithstanding,, em- ployees ' of einplbyers enga|fed"^In" presenting resident stock company productions shall receive minimum wages and work not . longer than the maximum hours as herealtter In this article provided: A» Actors*' (a) In cities of more than .600,000 population, hot less than six ictors regularly " employed In th© stock company shall receive k minimum wage of $40 per week; other actors shall receive a minimum of $25 per week; jobbers shall receive a mlm mum of $15 p6r week; local jobbers shall be^ employed pursuant to the^ rules of the Actors' EquUy Associa- tion. (b) In cltl^ ot less than 500,000 population or In neighborhood or suburban IbcJilitleis in cities of more than 500^000 population, not lessf than four actors regularly em- ployed In the stock company shall receive ia. minimum wage of $40 per week; all other. actors, excluding Jobbers, shall receiV© a minimum of $25 per week; jobbers and local jobbers shall be employed pursuant, td the ijulea of the Actors' Ecifkity Assbtlation^and shall receive a. min- imum wage of not less than. $14^50 per week In any- city of between- 250 . 000 and 6 00.0 00 popula ti on, of not less thair$13T0 per weelcln any city of between 2,500 ajiid .260,000 population, and of not. less than .$12v00 per. Weelc in towns of less; than 2;600 pcpUlatiom (c) The maximum number 'of. hours for actors In stock companies Shall .be 40'hours per week (re- hearsal periods by reason of the peculia^r jniatur© of. stock company productions not being Included). . .(d) F'or the chorus there shall be a 40-hour week with a minimum wage scale: In. productions present-, ed during the period frotn May 30 to Labor Day in any year, $26 per week where the highest admission price Is $1 or less, and $30 per week 'where th© highest iadmlsslon price is more than $1; and In productions presented during any other period in iany year, $30 per wfek where the higliest admission price is $1 or less, and $35 per week where the V li'For those employees associated with'-organizations of. or. perform-, ing the duties of theatrical ward- robe attendants, there shall be q. minimum wage of $30 per week for a 40-hour week.., However, where the present prevailing'Wage' scale enforced by the Theatrl.caii' "Ward- robe Attendants' Union Is a rate ex- ceeding the minimum weekly wage scale herein provided for, such .pre- vailing scale throughout the coun-^ try shaill be deemed" to-be and here- by is declared to be the mlnimuioii scale of wages wltti r"especl to siicH employees under this Code. ARTICLE IX Company. -Managers, HbUsie) Treas-. •urera' •■ 1; There shall be a minimum, wage of $40 per week for a 40-hour week for compiany .managers and house tveasurer.s/ - ARTICLE X Press Representatives i. There shall be a minimum wage of $5D per week for press represen- tatives sta:tloned in any particular locality and $75 per Week for press representatives who are traveling. The employers agrree that they will give on6 Week's notice of dismissal and agree that the employment of any press representative wiU be for not less than one week. Uue to. the Varied nature of the Work of the press representatives," It is nOt prac- tical to fix a - maximum number of- hoUrs per week.. .. ARTICLE XI Other Employees . 1. For all: other emplbyees. of. the employers sUch as ushers, ticket takers, scrubwomen, theatre at- tendants, etc.,. there, shall be a mlnimuih wage of 30 cents per hour for a 35i;Ti6ur week. There shall b^ a minimum wage of 30 cents per hour for porters foir a'40-hour week. '." 2. ElectfIdal "workers, eng'Ineers, .flrem:en,...oilers, ...or p.ther ^killed mechanics who are directly em ployed by the employers as defined in this Code,', shall, receive a mini- mum wage at the rate of thirty dollars ($30) per week for a 40-hour week whether sUch wage, shall be computed hourly; daily or weekly If the prevailing wage scale artd maiimum number . of hpurs per week as ot July I, 1933, as fiiced in any contractual agreement between the employers and associations of any of such- employees, however, shall -b6_at;- a-rate exc eeding^ the minimum wage scale herein pro- vided for or .less than the number of hours per week herein .provided for with respect to. any of such em- ployees, such scaled and hours Of labor in "the localities where same- were enforced shall be deemed, to be And .hereby are. declared to be the minimum scale of wage's and the maximum number of hours with re- spect to such employees in such lo- calities under this section o* the Code. 16% In all monies received by, the dramatist when th© drama,tlat sells or otherwise didposeb of the motion picture rights In such play; if the manager closes th© play at th© end ofTwo'rimnr<nisecuitV67^«eks*Tpfro=- ductlon/'he shall pay. to. th© dra- matist his royalties in tvXL to . the date of closing and thereupon his" share of the isaid proceeds from the sale or other disposition of the mo- tion picture rights shall b© 25%. If the Play fails to run thre© weeks the obntroi bt the sale of th© mo* tiort pictur© rights, shall b© with the dramatist but the sale shall be made through th© motion picture Arbiter In order to protect th<j_ man- ager. This amendment snau oe- come operative upon the. eflectiv©. dat© of this Code, provided thoinan- agers signatory to th© Minimum Basic Agreement shall have ratified Kiich .ame.hdment at a meeting. ARTICLE XV Participation in Cod© - . Any - existing employers v as herein defined, or employer who shall become such hereafter, whether members of any; association or not, may ^participate in the Cod© and a:ny subsequent revisions, additions, or amendments, thereof, by Indlcat-- ing their intention'of fully subscrib- ing to th© proVl«ioh8-^f th© Cod©, ahd"by assuming the TOTponsIblll- ttea .of such p ai rtlclpatl on. '_ _Z ^ highest admission price Is more than $1; Bs Stock comi^alny managers shall receive a minimum -wage of $25 per week for .a 40-hbur week; C. 'Stock treasurers shall receive a minimxmi ot $20 i)er week for a 4a-hour week..,. - _ D. press representatives shall re-- deive a minimum wage of. $25 per week for rendition: 6f exclusive ser- vices to the-employer.■ "By reason of the varied nature of the work, of isuch employees it is hot practical .to. .fix. a maximum number of hours per weeic. ' E. The provlaions of Article. XI,. section 1> of this Code are hereby incorporated, herein. " F. The provisions of Article.V and* Article XI, section 2, of this Code are hereby incorporated .herein in all respects, saving to the stock company eirnployers however the ad-, vantages of any special provisions in their favor enforced by or pro- vided for in collective bargaining^ agreements with associations of such employees. 2. The provisions of Article XI"V bf this Code shall not apply to em-^ pioyers presenting stock company attractions. ARTICLE XIII Child Labor ^ 1. Employers shall not employ any. employee^ under the a^e of six teen years. However, with'the cbh sesr of the nSFOlpepniOyerjimental authority th© employers may em- ploy dn actor under the ag© of six- teen years to fill; a role especially written .for a. child actor or to fill a part requiring the Services of * child actor. ARTICLE XIV ramatists 1. The Diramatlsts' Guild of th© Authors' League of America, Inc., as.a means of ascertaining whether, in the Qliild'S opinion, certain pro- visions Will operate: to encourage theatrical production arid thereby cause employment of actors and other, employees of the legitimate theatre, as a temporary expedient voluntarily agree to.pass an amend- ment to'the minlmurh Basic Agree- ment in substance, as follows: 2. Upon the execution of any pro- duction contract executed between the effective date of this amendment and September 15, 1934, the; drama- tist shall be paid & sum of not less .t han„$M Q.'not r.eturn.ab lejunj^ ■circumstances, which sum shall be shows and tryout attractions not being productions within the mean-* ing of this section 8 hereof). ARTICLE XVII 1. f The relatioii of the theatre to iho public should be srouhded on honesty and a policy of fair dealing. The employers, therefore, relterat© tho need of hoi\.©st and non-discrlm- Inatory sale and distribution of tickets. 2. The employers declaro them- selves In favor of a slhcer© and hon« est adv©rttslng policy. :s. Th© employers agrreo ..not to dli atort r o vlow B by de leti on or o t ah advance'against royalties if the play runs thi-ee consecutive weeks in Now York City and which shall hot be deducted from royalties if the play does nOt ' run.the said three weeks in New York City. If the manager closes the play at the end of the first week's prddiictT6h; "the : manager shall pay to the dramatist his royalties in tull to the date ot closllig and he shall thereupon be I entitled to share to the extent of ARTICLE XVI Trade Practice* .1; The "employers' agree that It shall be an unfair, practice to violate the terms of any booking fi^ree- itient. This declaration. ^S. required by reason of the abuses whi0h have taken pla<S6 in connection -With cah- cellation-of-booklngrbf-road-attrac- tlonsjn direct violation of the terms and provisions of such road book- ing attractions. 2.,Th6 . emjiloyers agree: that It shall be an unfair pi-actlce for any employer to aid, abet, or assist In the yoluntiary release; or "dismissal of ■ any iactbr- -for the- - purpose of- permitting ^uch' actor to leave the cast of an attraction then playing in order to accept employment in -motion- pictures.-. This declaration; is required in order to preserve and proteet^he-righ^^-of-all-^oncerned- in. the presentation of a legitimate prbdUctlbn in such instances where >ne of the °t>layers to' enter motion pictures -with the aid and assistance of the employer leaves the attrac- tion, weakening the same and ner cessitating the. closing of such at- traction and the resultant . unem- ploymeht of other persohs associated in tlie presentatidn of such attrac- tion.. _ ■ 3. The "empTdyers agree that It shall be an unfair i^'raOtlce for any- employer to aid, abet, or assist In the voluntary release ot- dismissal of any author, dramatist, or. actor employed in rendering his exclusive ^rvices in connectioii writh the' pro- duction, of a motion picture for the piirpbse b'f seciiririg the services. of such author, dramatist, or actor. 4; The employers pledge them- selves not to distribute any of their tickets to any .cut-rate ticket agency in the event any such ticket agency Shall discriminate in the handling or distribution of Such tickets in turn to the public. By discrimination is meant the favoring bf -certain at- tractions against others. 5. The employers. pledge them- selves, to eliminate the. abuses now existing with respect to the distri- bution of legitimate theatre tickets to the public. The employers agree that they will not distribute their tickets to the public directly at prices in exce^^s of the theatre bbx- offlce price'fixed for such tickets. The.employers agree that they will not distribute their tickets to the public through ageheles except-^ (a) To recognized bona fide, agencies: regularly and cus- tomarily engaged in the. oiler- irig of thfeatre tickets to" the . public: arid (b) To such agencies which Will not charge the public for . ' such tickets any. sums in. excess of their . ho^'Office price plus, a proper agency fee salisifactory to the National Iiegitima{;e The- atre Committee. ' ' / In the enforcement of tlie foregov ing,. provisions the employers shall treat all agencies equally. . . 6. "The. emplpyeris pledge them- selves to retain o(n the box-offlce for sale direct to the public a fair per rentage of seats in all parts bf the house; this percentage to be deter mined, by the . National Legitimate Thcitre. Committee .7: It shall" be. ah unfair practice for cmployers^to aid pr ass^ist^trthe Tn ffi^Wimi hate. • dIstrlljuTIb n' of free passes for attractions. 8. It shall bo an unfair practice wise 111 their advertising, and give a false Impression of' what a critic, has said. 4. The employers pledge them- selves to adhere to the, advertised time for Curtain raising; ARTICLE XVIII ^• Declaration .of Policy. -1.-_ To-eliminate sub-standard and sweatshop conditions In stage pro- ductions, and to assure the patrons that th©T-productions have been given under proper standards la. accordance with th© National In- dustrial Recovery Act, all such pro- ductions shall be advertised under an NRA label. 2;~ The- employers - pledge-^-them-- selves to co-operate to establish a "uhiform^sftiffidin'^fOTMr^ with booklne agencies for all legltl-^ mat©' attractions.. .3i Th© employers agree that In all' co'-operativ© productions th© minimum iK^ages; for all employees shall be^ tliose as prescribed in this Code; -U-- -• 4. The employers agree that Iji so far as they can control the dls- tributioih'Of "th«-same, the motion: picture of a currently playing legiti- mate attraction - i^hould not be per- mitted to be released uhtU such at- triactioh has had th© fullest oppor- tunity to ciomplete Its run and enjoy road showing. ' 5. The eriiployers agree to th© employment of actors, feioept wher© they, themselves employ such actors directly, through ag.encles recog- nlijjied arid acceptable to the Actors fiqiilty Associiatioh. A RTICL E X IX for employers to aid or assist in the 'throw-away' tickets system under which adriiission to the theatre may be secured by presentation of a tickoE .slip good for a number of tickets upon payment' of , a shiall charge.. This provision.'shall not apply unless three or more produc tions are beihg presented in direct competition with each other (road Special tryout Attraeti ( -1. Sp^Ial .- tryout attractions (known as 'summer season compa- nleis' or 'Winter season companies.' as the case may .be) «u:e excepted from the operation of Articles I"V. V, Yllt IX, X, XI and XII of this Code; The National; Legitimate "Theatre Committee shall consider and ;recoirimend provisions embrac- ing the subject-matter of isuch' ar- ticles of this Code for such_produc- tion. ARTICLE XX Violati 1. Violations by^ any persons sub- ject'to the publications of this Code, of any provisions of this-Code,, or of any approved rule issued thereun- der, or of any agreement entered into by him with the abovemen- tione.d National Legitimate Theatre Committee to obserVe and conform to this Code and said, rules. Is . an unfair ihethod of competition, and the offenders shall be subject to the penalties imposed by the . National Industrial Recovery Act. ARTICLE XXI Amendments This Code and all the provisions' thereof are expressly mad© subject. to the right of the President, in ac- cordance with the provision ot Clause 10 (b) of the National lndus- trial Recovery Act, from time: to time to. cancel or modify any order, approval, license, rule, or regulation, issued under Title I of said Act, and specifically to the right, ot the. Presi- dent to -cancel or modify his ap-.. proval of this Code or any condi- tions Imposed by him upon his ap- proval thereof.'. Such of the provisions, of .this Code as are not required to. be in- cluded therein by thei National In- . dustrlal Recovery Ac t may, wlith th© apprbVal of the President, be m,0,di- .ifled or eliminated as changes in cir- cumstances, or experlience may Indl- fate. it is contemplated that front time, to time supplementary pro- visions to this Code, or additional Codes, will be submitted for ap- proval of the President to prevent unfair competltlo.n arid other-unfair destructive competitive practices and to effectualte the other purposes and , policies of 'Title I pf the .Na- tional Indt!iStr.ial Recovev\V Act con- .sistent with the, provisions hereof; ^^....ARTICLElXXli.^^. ... Savi rovisioh . If any court of competent jiirisdiction shall finally determine :that any article or section"lof any article in this-Code-shall -be invalid,, all other articles and sections of this Code shrtll nevertheleiss remain and ■ coritiriuc"ih full force and effect m the same' manner as though they had been separately presented for approval and approved by the Presi- dent.