Variety (Sep 1933)

46 VARIETT EVILLE Tuesdays, September 26, 1933 ABA^s Vaudeville Code I Aimee an up uftcr {following n Ihe text of the ABA'a vaudeyill'c code qmnJing the exhibitoti codel da aubmilled to Wfuhingfon m part of the motion pkiure code. Jthlendt vnoit of the\ features of the firs( ABA iode tfith that of the exhibiton'.) ARTICLE 43 COLLECTIVE BARGfAINING Eipployees ln this industry shaH have the right to organize anS bar- Aiihee Senaiple Hiitton's ar- rival in the varieties 'revives stories, of how the.Itos Ahg<eles evangelist borrowed liberally from show, business foi* use in the pulpit. ' : ' About four years agOiWhlle oil the coast inakihg plbtures Jack Benny heard Sister Aimee ih: Angelus Temple doing; an entire routine of hi s about Gal- organization or in other concerted activities for the purpose, of coUective bargaining Or othier mutual aid or protection. 2. lio employee in this industry and no one seeking.employment shall be required as a condition, of employment to join any company union or to refrain from joining, organizing, or assisting a labor organization of | his own choosing. ; ■ 3. JEml)16yeri3 in this industry shall comply with the maximum hours of labor, minimum rates of pay, and other conditl(>ns of employment, approved ^r prescribed by the President. ■ ARTICLE^ 44 FREE PERFORMANCES OR AUDITibNS it shall-be a;n unfair" trade practice for apy manager or Iridependeht contractor of theatrical talent, ulider the guise of a public audition, bk«ak->in pr try-out, to require an artist to render services gratis, at any public place of amusement which is operated for iiroflt, or any perform- ance given for a prbiflti This shaill not prohibit, however, the iippearance of the artist or his partltslpatlon in benefit performances which have been aplproved by an association of artists yrho perferm in vaudeville and motion picture presentation'theatres,, which .association shall be chosen by a fair method of selection by ballot, such method to be determined by the Administrator, and such voting to be con fitted to bona fide/members of the professioh. representing only such artists whp.se employment comes within the jurisdiction pf vaudeville and motipii picture presentation the- atreis, and the association dcslgna,ted by the greater number of such ballots shall have the right of finarapproval of all ben<iAt performances. iforhia. And Sister Aimee was putting it oyer heavy. 21/2 M ORE WEEKS POT RKO AT 10 Three HKO theatres, comprising "■wp and a half weeks of playing; Ume, are turning to vaude, all ,06t-. 6/ They are Providence, Cleveland (Palace)," and. Paterson, ' two .ZuU .weeks ai^nd latter & split. . Additions .increiase.. the KKO book to about 16 Weeks, tip tp now; Bos- von has been the only additioii •)inc9 the beginning .of the, seisisPn ARTICLE 45 REHEARSALS The principals.and specially artists under the Jurisdlctipii bit this code.I The stage shows are gptting Pver ^exclusive of the chorus, provlsiphs filftectltig .M'hpm .are to -be as' sub- I thisre. Last week the- house record mltted by the Chorus Equity Association) vshall not be required to re> was broken by the ^Vanities' tab's hearse without compensation for a longer iierlod. than two Weeks, after 529 ttOO gross, Which period, for each additiona:i week oi rPhearsals, the Independent Cleveland talace's will c<mtractoror employer^hall pay A^ ihinlmum salary-of hot less than on eoinnlieatfr imattet-a" ther the half the minimum wage specified herein for artists jperfPrmln^ in Class A | ARTICLE 46'A MAXIMUM HOURS AND MAXIMUM PERFORMANCES There shall be a maximum of tien. (10) hours work, per day, . ?irid. there, shall be included and considered'as part of the work-day all of the time necessarily required of the artist in the theatre, which shall include a rea- sonable period;to niake up and remove J»akeTup, and in no event sh^l I and Class B theatres. doing ilAe bushj^s of the town with the ,bnly stage sbiow.' BKO theatre's stage show revival was made pbs sible by settlement, of union dl.s putes, after house had been in straight .pictures all summer, That ^ Iipew's State, . Cleveland, the artist be required to play niore than four (4) performances per dayKl will return to yaude is held.unllke- «Thbre shall be a reasonable time allowetl for the. artist to dress and un- dress. ARTICLE 46-B MINIMUM WAGES FOR CLASS A THEATRE^ Class A theatres shall be all those theatres having a seating capacity of at least 1,600, with an admission price of $0;6.6 minimum. Definition: A Principal in an act. as hereinafter referred to shall be one Who is the main feature in the act,.or'bWn^r-.omployee. ■ A Specialty Artist in an act as hereinafter referred to shall be one who Is. an important piember of an act but not a. principal or owner-employee or Its main feature, as differentiated from a principal in the act; Best Towns for Radio Acts on Stage Balto.y Wash^y Phila. and New Havenl ' Named—Acts with Bands, the Problem Albee m Royalty Jam^ RKO ..Albee's, Brooklyn, lihau- l^horized use of Victbr Herbert's FPrtune Teller,'■ a copyright work' as ah overture this week brought a demand, for ii.OOO in royalties front, the publisher, Taina-Witrhark Music Co. It nearly resulted in the theatre being forced to. scrap the hiimber, along-with .prpduqtlon and lobby .display costs .incurred. Milton AbOrn^ rfepresenting, the publisher, and the theatre's man- ager, J. J. Franklin, Harold Fraink- lln's brother, finally reached a com- promise at ? 5 00. Theatre figured the $.60 fine per performance and cost of ■changing the show and; bill- ink would. amount to more anyway. Number was staged by Alex'Ou- mansky as one of a series of^ pp- eretta overture, conducted by Phil Faibello. Oumansky was imported from .Chip to stage the Albee's house stuff by J'ranklln. ly. lipew recently disposed, of the Stillmah, giving the State an. ex- clusive break oh 'picture product. Loew is understood to have decided tp continue with films only unless forced into something else by the Palaqis and HiPP. ppposish. .RKO's bther former yaude house In Cleveland, the .105th St:, stays; straight pix. Palace prbbably will play the same shows as the !Pal A Principal in Class. A theatres ishall receive a minimum of $ip.00 net per ace, Chicago, which means nanies When available.' CU RKO Office Move Chicago, Sept. 26. Move of the RKO office from the Sta^e-Iiake building to the Metro politah (Palace theatre) building is set for Oct; 31. This takes in everything from theatre pperation to vaude booking- Agents all ready to follow the RkO exodus with niost of the vaude agents already Setting them selves for space in . the Woods buiiding tb be closer to the center of yaude' activity. day. i ASpecidlty Artist in .Class A theatres shall receive a minimum cf $40,00. Diet per:.week, plus transportation expenses. ARTICLE 46-C I IMUMWAGES FOR CLASS B THEATRES Class B theatres shall include all theatres, having a seating capacity of less than 1,500, with an;admlssion price, of leas than $0.50. A Principal in Class B theatres: shall receive a minimum of $7.50 net per day. . , . A Specialty Artist In Class B theatres shall receive a minimum, of $35.00 net per week, plus transportation expenses. (Provisions affecting the chorus to be as submitted by the Chorus Equity Association.) ARTICLE 46-p BREAK-IN PERIODS During periods when an act is being tried oiit, known as 'break-in' periods, thef length of such periods shall not -exceed three weeks in dura- tion. The salaries of all artists during such 'break-in' periods shall not be less than half the minimum salaries prescribed, herein, and. In no event less tha $15.00 net per week. , (Provisions afltecting the chorus to be as submitted by the Chorus K-R Circiut GtOWS Equity - Association.) ARTICLE 47 Seattle. Sept. 25. y A «x^A^a.« -xf K. & R. Empire Circuit adds four lOD OF EMPLOYMENT more towns—Miles City, Big Tim- tri view of the fact" that'ft is a fixed'S^^^ theatres IH varlOQa" ber Xbbth In 'Mbhfana);; parts of the country to change the bill dially, bi-weekly or weekly,, no Wenatchee (both In TV;ashIhgtbn). consecutive period of employrhp to be as | Latter two break jump from Bel- . . .. . ^ » ^ linghattii to Spokane. This circuit bbpklng some abts standard in this ' territory,; such as [Hooper and Gatchee, Hector' and pals. Van ..HbrnS. O'Connor family, Les keliors, Tom Kelly, Fred Pisano, • Ju ■ • Fpng^, Emeri9on ' and Baldwin. Edison and LPulse, Claude 1 pe • Carr & Co.; Roy CubimlngS. and Florence Roberts. Billy Elliott Downtown^Uptoivn .■"(Contlmiedrfroni-page- 5) -—- achieving a closer Rockefeller co.h- nectlPn. . Contrpl. of Loew's passing to a group other than Film Securities. Downtown money scouted on the wing for 20th Century, with at least two banking houses known to have been approached. ■An uptown Uhk would figure also , among possible shifts.' War- ners, havb no active . downtown banker connections, as known, ibut uptown the possibility , of .merging Warners theatres with; Par's has been broached. if anything, all these proposals as being^ talked about would Indicate a renewed belief In picture investment downtown. That smacks of a healthy, outlook for the b^js almost immediately. . Pbssibly current imr prdvements in the;, general b-o. Pf the country during the past few months' niay have, much- to do with what's being talked abdut. per con tract.between the; artist and employer, ARTICLE 48 TRANSPORtATlON Any artist receiving less than $10 net per day minimum; wbp is re /Quired to travel, shall receive, railroad transppivtatipn in Addition to .hiis salary, ARTICLE 49 WARDROBE All artists receiving less than $10 net per day nainLmum shall be fur nished 'by the employer with all period or special costumes, wigs, gowns, hats, footwear and other necessary stage wararpbe, not including street wearing apparel. (Provisions, as to the chorus to be submitted by the Chorus Equity Assbciatlon.) ARTICLE 50-A ARTISTS' REPREiSENTATIVE8' CONTRACTS Every manager, agent or artists' representative, or any associate there of, who shall engage the services of ah artist; shall enter Intb a uniform and equitable written 'Play or. Pay' contract withthe artist, setting forth the amount of compensation to be received by the artist for his I "^sSi^Ioesr^^-Xny^faill^ or by any associate thereof, to comply with the provisions hereof, dnd any issuance of a false contract in relation to any act, pi'csentatlon or at- traction shall be deemed an unfair trade.practice ,and a violation of this ARTICLE 50 B INDEPENDENT CONTRAOTORS' CONTRACTS Wherein any contract between the'operator of a theatre and ihdeDend- ent contractor, the latter shall undertake, or agree to do and pei-form, or • not to do or perform acts and deeds required to bo done or performed, or prohibited from being done or performed by this code, the duty, liability arid responsibility for so doing, or performing, or not doing or perform- ing, shall rest solely on such independent contractor. s. F. POX, vAtmniM San Francisco, Sept. .25; Fox will drop Its dual ifilms Sept 30 and take a whirl , at flesh, w;ith Ted FloRItp's band in irtdef for the experiment. House will continue its Ihdie product and also the 15 and 25c top •The chan»p towns lor radio acts are Baltimore, Washington, l?hHa- d(5lphIarwdTS:ew Hayen in th^^Srdor" nAiiied. Latter only affords smaller turns at. the Palacd, but Balto and Wash, go big for air acts of almost any calibre. Radio turns as a' result. If new., are being routed first Into thpse towns py Ltoew'a or Warner Bros.,' and if clllpklng' then to Phllly and. finally. JJewXbrk. 'The-insistence, on the out-of-town break-iii makes It a problem for certain acts Which carry their own .orchestras. One such Instance is a, team which has an $1,80.0 item. for. musicians'which must bo taken into consideration. Otherwise there are no'line, charges as those towns are on the national hookups regardless. OLDKNOW FAVORED FOR SEATTLE ORPH LEASE Seattle, Sept..; 25. Every show outfit from .Boston to Guani seems to have been .dn* gUng for lease on, ■ Orpheum, dark about a year, dating from RKO re-' coivershlp. .That is everyone except the_ Qrplieum.__' _:'.:.„ _ . ,. _ . Jack H. McGoldrick of Broderlck Co.; representing bbridholders wlio are handling the bvillcling, say^ a lease is to bo signed pronto. House is well located, one finest theatres in west. , Indications are that Oscar Old- know, possibly with Mike Rosen- berg, will liind lease. Pantages also made strong bid for it. Oldknow regime would mean Arthur-Marco, operation with F&M stage shows. Marco and Oldknow here the past few days, looking into propbsition, Pantages. now looking to Metro- politan for his vaude stand, but thia Up In air. Frank Newman Lining Up 3 Nordiwest Wk& Hollywood, Sept. 25. Three additional weeks of stag». shows are in prospect for. the North* west. Frank ;Newman is now la Los Angeles cpnsultinir. with Fox West Coast executives on possibility of ^booking units frpm Loew's State with variations. Paramouiit, Seattle, and Para- mount and Liberty, Portland, ar# involved^ What a Break for Conucs! Snap of Finger and Up Comes No. 7535 to Floor Patrons Hollywood, Sept. • Hearken you big rhot comedlarii, you' Cantors, . Jolsons, Wynns anu Pearls, no longer do you have to wbrry about material for laugh get- .tlng. Headaches caused by fear of laughS' lost can be banished over- night. 'Comics-rrSales .Agents for all Comical Material;-. Correspbndr; enta in Every Country,' has opened offlces; in Los Angeles-. to flll your funny wants. ARTICLE 50-C EMPLOYER-EMPLOYEE CONTRACTS Persons employing or cb.ritracting for theatrical talent of every nature and description who shall fail or refuse to pay salaries dnd/or transporta- tion expenses of artists as and when due and payable .as per contract shall thereafter be placed under license by the National Recovery Adminr istrator and. shall be required to talce out a bond In. an amount to be fixed by the Administrator in sUch license for the purpose of guaranteeing and protecting the future payment aS and when diie of salaries to all .talent employed thereafter. UNRESTRICTED EMPLOYMENT OF ARTISTS To effectuate the purposes and policy of the National Recovery Ad- ministration and help, increase ehiploymgnt of persons in this industry, no restrlctibns of any. kind .shall be placed on any artist or group of. artists oftdring entertainment in any hall, auditorium or elsewhere in pub- lic performance. Article 52 — SUNDAY PERFORMANCES In towns where artists or theatres are permitted to perform or operate on week-days and the law prohibits Sunday performances, then six days shall constitute a week's work and, the artist:shall not be required to i)lay any other town "for the seventh day. . 'Comics' busy circularizing local funny men, telling them of their service:' '"VVe have literary iaugh bombs your artists just havA to crack 'em on the stage, and the public will explode and rbar with side busting- laughter.' HoW do you like -that? . , And here's mOre! 'We supply your artists with the most laugh producine jokes, giggles, gUffawa^ laugh bursting costumes, all prig* inal, all fresh, all copyrighted stuff. We are. in connedtion with hUh- dreds and hundreds of humprlsts. frpm all over the world, all. eager to serve you, all eager to give your performers the creme de la creme.' Floors rbu Now that 'Coniics' has given a slight insiisht into its service they submit a sample of their work To be exact, Sample No. 7534. ^Herp 'tis. This'lL kni you, ~'Wy 'mSWev sent ' me^ to the" butcher's to see whether he has some pickled pigs feet but I could not see it good. He was wearing high boots!' Sample No. 7535. 'I went in the niorning to ge.t sbm?! sour pickles and it was evening when I came back. '\Vhat did you do there all day?' 'Well,' the guy said, 'Walt a while, they are not sour yet.' •All, ah, boys, remember the stuff is copyrighted.