Variety (Aug 1933)

VARIETY P I C T ■ R E S The Most bportaiit A^ts of Qiahor and Wages The most Important ^hase of «codism to t|»e Goyernment—mini- mum wages, maximum hours and labor conditions—was compiaratiVifeT easist fbr the film business, was no "Worry about correla- tion, production-disitribution. and exhibition wrote their own tickets: Whether, howeyeri the Goyerii- ment will take an exception isi the Question of .filindom, generally, par- • ,ticulp,rly in regard to the ex- hibitors' proposal for a,52-hour week and 25c hour Tjvhlcb is" aboiit four hours higher than, the fiposevelt maximum tihd a couple of dollars^ the minimum^ . _ ^. L, All-three branches avail tfiiem- selves the . Government's edict that no employee shall be discrimi- nated against. That whether, the ~€iriplbyiee IrTiiiion 'or nonrTinion: .he tihall enjoy the siame privilege ' when it comes to picture hiring, if'jlm lawyers ovei^ the weekend did not. have ainy fear for this pro- tision, siaying that the President liaia virtually approved; the same condition in the newspaper code. "The Labor- Classifications tiabor classiflcatioiis as, speoified |h° the .production code contain; SECTION 1.—Hodro of Employment. (a) Ifo-employee sball worji more than 46 bonni In any onie weelr. (b) No employee, of the following ciassee. «ba1l w«rk more tban forty (40) -7-^iourB-ln-*ny-bne-week-:— ~ — '■ — '■ Gardeners; Janlt^n; Ubrarlana; mall derka; messengers; mimeograph opera-t tora^ porters; nestaniant workers; Beam-< stresses: watchmen; accountants; acr counting machine operators; bookkeep- ers; clerks; flie clerks; firemen; garage clerks; -readeM; .secretaries (ex<;luBlve of - Btecutlves' secretaries); stenog- Tapbiers; telepta<nie.:and telegraph opera- tors: ' timekeepers; typists; laborers; l)osltlye a^eaiblers; positive developers;: positive ,pr]nters: -.release, aasemhiers; -splicers;' swing, gang; alrcbltectff; 'art"dU— rectors; cbmposeiip; positive cutters and assistants; draftsmen; Wardrobe fitters; f modelers, artists and sculptors; musl- olans; negative timers; <9tlcal. experts: '* process projectionists; drapers; sound * jnalntenance men; negative developers; ^ refrigerating and ventilating mainte- nance men. <c) No employee of the following classes shall work more than 36 hours In any one week: ' Car Planters; electrical workers: -lamp.'. operators; cbautte-ui^ and truck drivers.; -The maximum hours fixed in the fOre-, going paragraphs (a)-/-^ <b) and (c) sbaU . not apply to. employees .on emergency, maihtenance and repair Irork; nor to cases where restriction bf hours of skilled workers. on continuous processes would hinder, reduce or delay produc- tion; nor to (1) employees In executive. «r managerial capacities, professional persons, actors (exclusive of so-called ^extras') ; attorneys and their assistants; department beads and' their -assistants;- - directors; doctors; mahaeers; ^ecu- tlves, their assistants and secretaries; professional nurses; producers and their assistants; purchasing agents; unit business managers; and writers; nor to (2) employees engaged directly in pro- duction work whose working time must neoessarlly follow that of a production unit, including assistant directors: cam- era men and their assistants; company wardrobe, men: and their asslataihts; make-up artists and hair dressers; script'clerks;" sound grips;, sound-mix- ers; Bbuiid stage engineers; sound re- corders and ^stand-by',or 'key men'; nor to (9) employees regardless • of. jclassl- flcatlon assigned on location work; ' nor to (4) employees engaged directly in news reel prodUctlort -work In the fol- lowing classifications r editors, and . sub- editors: film cutters and film Joiners; '• Camera :iaen, sound men and type set-, ters; nor to (5). emlployees .of producers of animated motion picture' cartoons in. the following classifications: animators; assistant- anlmaitors; tartooii . photog? liaphers; story and- music department employees; tracers and opaaiiers. (d) No 'extiaiB' or 'extra talenf^ to the .. 'extent consistent with producMon 'P- ^ quIrenienf8--ebirl^-w«»rlrTnore--than-fort-y: (40) hours In any one week; SECTION 2— mimum Wages. (a) No employee of any class shaM Jie paid less than forty cents (.40) per hour. . .. ' (b) The following clerical, office and service employees shall b^-paid-not less than 60c. per hour : Accounts,' accounting, machine opera- tors:, bookkeepers: clerks; file clerks; firemen; garage Clerks; readers; secre- tarles; stenographers; telephone apd • telegraph operators; timekeepers; typists; laborers; positive assemblers; positive - deV.elopers; positive printers; release ae- Kemblers; splicers; swing gang. (c) No employee in aiiy of the follow- "t^lng-'claSSW^TOf-^fffctory-for^mechanlcal-^ Workers Or artisans shall be paid less than $1.10% per, hour: Ctorpentere; woodworking machine jnon; electrical workers performing the duties of construction and maintenance generator and ' shop- men, radio loUd opeakersv telephone, lighting fixtures, . wiremen for Talnlature and explosives, ■-'^ Wind machine, pumpti, compressor, ' panoramic operator;- 'stand-by' or 'key meh'; blacksmiths; casters; fouiidry- -. men; "machinists; moulders; . painters; patten; makers: plumbers; tinsmiths; atieet metal workers and iupHolstcrers.- (d) No Employee-in any of the follow- ing classes of factory mechatiical work- ers «r artisans shall be paid less than •t.' $1.83% per hour, or if on call less^th&o $76.75 per week: . • Foremen of carpenter- construction de- partment; foremen of electrical conr structloh department. With respect to ,'stand-by* or "key men,.' .lit lien of the rate of $1.16% per hour there may be substituted a weekly wage of $68.60 per week of sieven days 'onr calL' . : . . (e) No employee In the following class of factory or me<;hanlcal workers or .artisans shall l>& paid less than $1.00 per hour: Ijamp bpcrators. " WUh r*apect to any factory, mechani- cal worker or artif^n, ' in lieu of the . rata of $1.00 per hpur, there may be snbstluted. a weekly wage of $60,00.per week of-seven days 'on call.' - (f) With respect-to carpenteriB, elec- triclanis. lamp operators, teamsters and truck .drivers,, the -foregoing- scale of minimum wages shall'prevail on'all lo- cations excepting when the following wage-scale'.may be paid Ip lieu .thereof - on distant- locations : if-so., stipulated.' -before employment commences and all suc^ employees' .expehses are'paid: -. Distant loca:tions when employed lees than one week of seven days and sub- ject to.'call' at any time: ..;..E'oreme"D,.J$15.76.pat-.day. _^ ■ Carpenters, electrical workers OnaWf tenahce. construction, generator), gaf- fers ' (company electrician). .$13.75 per day.' Lamp operators, $12.25 per day. Teamsters and - ^ruck drivers. $8.5<) pier dayr ■'in aoysnch case &t 'distant locatldnri the total wage for seven days-shall not exceed, the. following weekly scale:. ' JPoremen, $01.76 per week. Carpenters, .'electrical -worke'rs (maln- tohance,' construction, generator), - gaf- fers (tompany 61ectrlclan)l $81.75 per week. -liainp operatorsi $71.96 per week.. 7^mst<Brs and thick drivers, $51.75 per week. (g) The'minimum wages for 'extras'- - shall be as follows: Class A—Dress Group..{..$7.50 per day Class B—Character.GroUp.. .6.00 per day Class C—Mass Group...... 5.00 per day rCla88-D;.^nregletered-Eea«- ple picked for mob scenes. 8.00 per day , (b)-Tracers and opaquers employed by producers of animated motion picture cartooiis shall be paid straight time tov -all hours of work beyond forty- four (44) hours per week. .Section 8. On and-after-the effective date, producers shall not' employ any person under the age of . sixteen (10) yeairs, excepting as actors, and then only .upon compliance with All appllca-^ ble laws and. the regulations of all -pi^]f>er. authorities' governing the em- ployment of minors In motion picture pro^pction. Section 4. There- are approximately J2,0O0 persons registered In Hollywood, California, as available for employment in motion . picture: productions as 'extras,; whereas the requirements of all -the studios there located averaged 631 a day during then six mohths' period; ending June 80, 1983; The producers undertake to seek to , alleviate.. the conditions of 'extras' seeking employment as far as ls~ 'pes-' slble by the spreading of sivallable op- portunities for employment to greater numbers. In that effort they shall (a) Not knowingly ... employ ae an 'extra' any member of the Immediate family. of any employee or any person who. Is hot obliged to depend upon 'extra' work as a means of livelihood, unless the exigencies of production re- quire an exception to be made. P i* o due e r s-Distribs Have One Code* Ihe Esdiibs Have Another—The Age- Old Feud of the Industry, Exhitis vs. Distribs, Crops Out as Both Factions Can Only Concur on- but Six Clauses — Nuinerous Ex- ceptions to All Others— 90% of It Will Probably JBe Cut UP TO RdSENBLATT telegraph NRA (b) Request- the Academy of Motion Picture -Artd^-a'nd- Sciences promptly - to. appoint a representative committee to Investigate fully the conditions among th0 ranks of the registered 'extras' istribB* l,.abor Prop.osals Distribution's labor proposals are Section 1.—Honrs of Employment. (a) No employee except outside sales- men shall work for- more than forty (40) hours in) any one week. ',<b) This provision for .working hours, shall hot-apply f6 professional'persons . ..employed , III their profession nor to employees-'in a managerial. or an . ex- ecutive capacity or in - any other ca-, paclty .of' dllftlnctlph or sole responsi- bility -who ,nbw receive more than $8pi per week; nor to employees on emer- gency or malhthahce find repair work. Section 2.-^MinImum - Wages. No. employee shall be paid: . (a) . Less than $15 pier-Week In any city- over 500,000 population or In the Imme- :diate trade area of such clty^ (b) Less than $14.60 per week in any- city between 260,000 and 600,000. popu- lation Or' in the Immediate trade-area'of such .city; . (c) i;6!3a"than"$l4 per we ek l i t-^a-nyclty^— up- to 50,000 population or in the -lmme-^ 'diate trade area of such city. Sectlott-flir-After-Affgust 3in0'33, no. person under 10 . years of age shall be employed In the distribution of motion pictures except that persons between the age of .14 and 16 years of age may be. employed for not to'exceed three hours' a'day and those hours'between 7 a. m. and 7 p. m.-Jn such -work which will not Interfere with hours of day'schooL- The Exhibs' Labor Proposals The exhibitor labor proposals in: elude: ^'^"Teir=^(10)"^dttyff"aftw="epproval==^of=t Code by the President: ' No person, under 10 year^ of age shall be employed. 'No employee of any department shall work for more than 62 hours in one wecjt, ; The maximum hours prescribed In the foiiegoliig pariRgraph ^hall. not apply to contract .labor, to professional persons employed In their professions, or to em- plo^'eeB In a maixagerlal, .executive or As $ept. 12. apprQaches>'filhridom evidences an tncreasi con^fusion over. -;mft9.til»frAw,hait _ .. r*PI*?.*i?.** 1 tives, designated by Deputy Admi - istratoi^ Sol A. ftostilhblatt, have submitted as codes to the. goverrr- meiit. They read and.weep. Those who are attempting to conscientiously.compare and impar- tialiy analyze the fruit of the two weeks' furore (abruptly snipped by the government while little more than in the bud, because filibuisters threatened to make it a winter convention) are stymied. The committeemen admit they were alzzynftroi- thelr-writlngs-inore- than substantiaite this. No matter how It Is Cut and pasted, the indi- cations from the .submitted record are that there is a generous 90% of it. in principle—lawyer language, minor 4^tails and minority excep- tions—^which will be ■■ ^washed In 'Washington, and cleaned aiid. dried there Just two! weeks from today.' The Industry's battle of battles then Is a. certainty. No one any longer Is trying to dampen the lire- works, but all orgaihizations, from the largest to the smallest, are now exerting . all ■ strategy to give their own ideas of the future constitu- tion a united front.'. The pen la In tjae government's fingers. The machinery by which code law will be administered has been left to the government—at least exhibitors .couldn't agi'ee with the set-up proposed by the producers and distributors. -One calls.,.it the M. P. Code National'Authority and the other the. National Control Board. In the Interests of accuracy and falrnesis to all. sides, .none can chronologically present the indus- try's attitude toward all clauses In the codes. Their status is too con- .flictlng a.t th^s time; they are oiily proposals of star chamber incep tlon. This and other code reports In this issue win. give some Idea of the existing formula picture. Wash ington alone will paint the real pi.: ture. Lawyer language hetis. broken up more than onei fllril cbriventlph which seeme<3, until that stage, to be agreed principle. There's plenty of tha,t thing now. —^n-1;he-meant-lme-i>.eople-who-wan-t- to make the trip and advance their own theories are being advised- to get it in writing, and to - Adminis- trator Rpsenbljatt early, ind be pr-e par^d to back uP what they want with facts and representation. The distrlbiltor and exhihitot' code reports presented the most complex and involved record ever scrambled in any chaotic .period of the Indus try's past, Men who had worked on the-report^and^were =su pposedly^fai^ miliar with many of their details encountered surprises at careful scrutiny, several days after they had been turned In to NRA Deputy Administrator' -Sol .A, Rosenblatt. For th&,t matter, lawyers who sat .in on all-Of the ..sessions: find, guided considerable of the writing had to in reams of printed matter, eriss-crocis- iiig and frequently duplicating. Inability of tho two factions -to get together may have' been the.rea- sonrHEven-the-physical prlntln|f of two, drafts were handled In different print shops. At first It appeared that there was only one code. This ■Was headed, ^Submitted Cod^ .of Fa.lr Competi- tion fdr ttie Motion'ipicture Jndiis- try/ which'might easily have ac- counted for many of the- dally news- papers being misled Into, the belief that this was.-the one. and ohly ar- tiele. Reading it through would con- vince any jayman, and many of the lesser informed trade folk, that illmdom 'did nothing but. agree and agree and, that therei would be no need for-this industry to have, a public airing. This draft, contaimed provisions for "ail ' £hree"r picflire 'branohes. ' -It waa -the one presentied- by Coordinator S. R. Kent. KentU Mieimo^— .^^ On .a separate sheet of papep, however,-With this draft repre- sented as the entire industry's was a letter from Kent revealing that 32 of the 61 claCises In the ^industry code' were not' Ironed out, or ex- plained; ot' that the liangua'gO' was settled, or one of a dozen other rea- sons, so that right olt the ba,t an ad- mitted 60% of the Kent draft has yet to be dOcided In detail or en- tity.. Also on the separate sheet were printed only the names of pro- ducer—and—distributor- -committee-' men. By this, time two. other .booklets. arrived. One was headed, 'National' Recovery. . Administration, Code of Fair competition for the Exhibition Division 'of the Motion Picture In-" dustry/ The other was titled,^ 'Ex- ceptions . noted and.l counter ,pro^ posals made in connection with the code' of fialr competition for the ex- hibition branch of the motion pic- ture industry/ The first iinpressloh of the ex- hib code was just as favorable,as that made by the attempted three- In-One presented by Kent, until a casual check-up reveiled that of ^he 42 clauses incorporated In the first exhib book, exceptions to 38 of these clauses were recorded in the sup- plement. After thast^ dizzy hours had to be spent checking the three hooks. This -ivas further complicated by the faict that the Kent formula -dis- pensed with titles and used Roman numerals while the exiilb end in- dulged plain-arable. -What'was XI in the 'industry' (I. e. the distribs and producers) draft often turned out to be plain 15 In the exhibs' draft. "When the doubler check effort was initiated, the Kent explanation had to be constantly compared ..with the exhibitor exception book .and- then, to make sure, the. two main groups of papers hiad to be re-checked for comparisons. Even after.all of that, aniiyists were loath to quit -check- ing. In the finals it began to look as though Deputy Rosenblatt would find only eight clauses. Identically TnTifOTy L io the comma-in-bot-h-dls- tribution and exhibition drafts Checked again it was revealed no.t eight; but only six since the other two, while identical in language had exceptions checked against them in Kent's Araibic and O'Reilly's iRoman. . K. to Both . The six uha.nImously approved and languaged clauses as plucked from the Kent findings i)ecause <5TEemrs Chicago, Aug. 28, Big battle of the film code ha4 ^heH.-local-'^exhibs-—a;hd--^ex<;hiti)gft||--- Uned up Over one ibig - question—th^ booking circuits. Distribs are de« termilned to >ill them off once aii^ for all In the • NRA cod^, while • th^ exhibitor's are just sLs defemlneil- to keep them alive and strongej^ than ever. Fight Oh tills questiori has leif.t^ one large move ;on the part, of -lti^ij- .fllm-salesmen in this section'of , th^ country. Practically to a ma,ii)^,.thd- fiim salesmen have, dispatched ur< ^ent ielegranis to :sdl A. Roeen< blatt, the Industry conta:ct on'ithe' NRA, protesting the existence) of amalgamated film buying where thcj exhii>s'. interests are not amalga<- mated.-# They claim' that the con^ tinuatlon or growth , of block buy** Ing-'wiU. throw-thousands of fllni sa:lesmOn out of emi)loyment,.'aQd. that the killing off of any exbilf buying circuits now operating WO-Rld throw the _exhibs on •theli' _ own as fa,r as buying is concforned and would result, therefore, in an, obvious. Increase' in' the number, of film • salesmen in order to' service the larger number of customers, By the telegraph stunt the film' sialesnien - become the onl^ group of film industry employees to . make any move to see to it that therNRA code works to their Individual adx vantage. a °"whSlv« iTmS'be neccspary.^^ c^t Out and paste tip clauses of emergency, overtime, j»nd extra chart-like formation to keep from ' '" (Continued on page fe^) \ spending the day going through Wei:e'^print§d""'"W""bOtll" sides of each page include: ARTICLE XVII No distributors' emjiloyee shall use his position with t}le distributor to In- terfcr'e with .the free and 'competitive, buying, of pictures by ah exhibitor op- erating a theatre in competition with a theatre In which such employee may have a direct or Indirect financial In- terest. ARTICLE XXVI Any .'exhibitor entering Into a eon- tract for the exhibition of motion plc« turea which permits the exihlbltor. select from'the total number of pictures' licensed, less than .86% of the. total number, and to 'reject, the ^rremalnder - shall by. written notice to the dlstrlb* utor reject each of .such motion plc« tiires not to exceed the number' which .may be rejected within-21 days after its .dAte of availability In. the exchange territory wherein -Is located the exhib- itor's theatre, and falllnig to give such notice of rejection, each of such pic- tures, shall be deemed to have . been either selected or rejected In accordance With the pro'vlslons of said e:Uilbltlon contract; ARTICLE XXVII No exhibitor shall contract for a li- cense to exhibit more , motion pictures than such exhibitor reasonably shall re- quire for exhibition In any theatre' or theatres operated by such exhibitor, with the effect of depriving, a competing ' exhibitor from contracting to exhibit ~ such ' excess motion pictures, provided however, 'that nothing herein contained shall-be deemed'to prohibit any exhlb-' 'Ito'r' from 'contracting for' a- reasonable number of motion pictures In exce'ss of the number which are actually to be exhibited In the theatre or theatres of such, exhibitor in "Ord'er to reasonably protect such -exhibitor' against non- delivery of motion pictures. ARTICLE XXIX No exhibitor shall transfer the owner- ship or possession of a theatre o{)erated by- any such' exhibitor for the' purpose . ..-.of. Jivoldlng. uncompleted, contracts' for the exhibition of motion 'pTctures'" at" such thefttre or theatres. ARTICLE XXXIV Exhibitors shall promptly make and deliver a correct Itemized statement of each day's receipts from the exhibition ' of any motion picture and from eb- callfitl midnight enoWs, if any, upon -the -conclusion of each such dally exhibition .and/or midnight show, when the license fee therefor is based In whole or in part- Upon a percentage of the- czblbr Upr's qdmlsslon receipts. ARTICLE XXXIX. No exhibitor or dUtrlbutbr shall In- duce or seek tb- Induce the' breach ot any - active contract licensing the exhibition .of motion pictures. Exceptions to Two Minority exceptions to .the other- wise two. and '.remaining clauseB alone prevents them from making a perfect score iii the- language class. They are: ^ ^RjElCLE^XXIJIl No distributor. shall divulge or au-.- thorlze or kno'wlhgly permit to' be dl-. vulgcd by any employe or. checker any Ihformatldn received. In the check- ing, of tho receipts of Its motion 'plc- 'tures, except that such infomatlort may. be- divulged In -any nrbltrntlon proceedings ox litigation pertaining to the license .to exhibit. ARTICLE XVI No . distributor shall' ' threaten or coerce, or Intimidate any exhibitor to. enter Intoany contract' for the- ex- hibition of motion pictures, or to pay higher film rental by the commlasron- "^fff^ttHy=6V0Pr-"'irer-ffVldenclng^an=lnten--i.- - tlon to build or otherwise iicdulre ft motion picture theatre for operotlon.-m competition with such exhibitor, but nothing In this article shall In any way abridge the right of a producer or distributor In gtfod. faith to build or otherwise acqulre-'a jnotlon picture theatre In. any lOcatlo'n. Clauses In the exhibitor code not. included' In the distributor bracket, either because the. distribs didn't want th«"i or iaecause the exhibs (Continued on page 29)