Variety (Jun 1938)

Wednesday, June 8, 19»8 PICTURES VARIETY NLR6 MAY REGUUTE FILMS Writers Rallies Set Although the National Laiior Relations Board in Washington has called for an election within 25 days: to select a. bargaining repre- sentative lor film writers, several issues remain to be settlied before an actual vote can take place. That is the view, held by several .fll riters at present in New York., . rincipal question remaining unsolved in the NLRB decision Is the dcflnition of a freelance writer, Pointed out that a number of name writers frequently work in Hollywood on one-picture contracts. Whether they would be classed as freelancers arid barred from the election, or rated: as regular employees, if actually wbrkine; at the time set for the poll,.Is an operi issue, it is claimed. Another matter likely to cause disputes is the question of what dates the elections will be made effective. Claimed by several-of the writ- ei's that this question of. determining the date of elections leaves con- siderable leeway for one of the groups .gai ing, an advantage. Thought .likely that Dr. Towne J. Nylander, regional labor board director, will set an eairly date for the' ballot. Members of the Screen Writers Guild see this as a break for themi as they claim it would hinder any possible attempts by the studios to bring pressure on writers to in- fluence the vote. , . Although the SWG pressed the case before the NLRB in demand- ing an election, some of its members have frpm the first been, op- posed' to the policy. Their attitude is that this is a bad time to. pusii a showdown, since the Hollywood writers admittedly' have no vital grievances at present. Idea is that if the scriptei-s had a .sharper issue they would be in much better position to gain support among the ratik and file of writer rank^. Only issue at present is between the SWG and the Screien Playwrights, Inc. SWG members.see little likelihood of the studios openly exerting pressure on tlie-writers this time, although they claim undercover pressure will undoubtedly'be brought. This opinion is basedon the present Hollywood jitters oyer the wave, of anti-trust legislation that has been introduced and,proposed in Congress. The prospect of stirring up more trouble, ither in the form of anti-trust suits or laws,'or-Wiener Act complaints, will i keep the studios. tinder coyer, it is figured. It was clainied by SWG members that pressure from the studios was what broke up the former Guild. ' According , to the-New York view, even if the 'varlous wrinkles are. .Iron out in time and the vote, issue of bargaining representation is settled by the election, any final solution of the. writer-studio problem is far aviray. After, a bargaining representative is selected, negotiations must be held, an agreement reached and a contract signed. After that the writers have the simpile little job of tryihg lo enforce the pact, it is pointed oyt. laywrlghts Balk Hollywood. June 7. That Screen Playwrights, may refuse to participate in elec- tions ordered by the NLRB is intimated iri a statement by John Lee Mahin. SP-prexy. 'We intend to stand on our contract .with the pro- ducers,' he said. 'Every legal phase of the order will be closely scruti- nized so as not to make any inove^ that might jeopardize the pact signed .with the producers in April,^ 1937;' First .determination will be whether election participation would abrogate agreement now in force. Screen • riters Guild .hailed the decision as a victory for its group and declar 'decision restores right of democratic representation to working screen writers of Hollywood.' Eleclibn rally in which; all screen writers are invited to attend is called by the Guild for June 13 at Hollywood Athletic Club. Understood that balloting.-wiU be held at a site adjacent to the studios, rather than oh- lots, to avoid possibility of charges that coercion pr inhacnce was used, by studio heads. Two studios are eli Inated in the election setup a.s Schulberg •lid Major Pictures are no longer active. Attorneys for producers today (Tuesday) refused to con-iment on what action, if any, would be taken.. Most plant execs are making a careful digest, of the decision before offering any statements. It's,freely admitted by leaders in both writer factions and.attorneys for the studios, that considerable confusion rnay result from the Board order. Pointed out that each; organization may be designated • as bargaining rep, at difTerent studios, with resultant confusion, should writers switch from one lot to another. Its also emphasized that one organization might go so far as to demand cl6.sed shop at a specific studio which, if approved, would prohibit members of tlie ■ other organization frorh working at that particular plant. Board has six men available to supervise elections which makes it likely all 16 will be disposed of within two day.. Likely Board will, call all elections for same day, unless ubjeclioiis iiileipo»ed by in- terested parties as polling at smaller studios would require .only few niiiiules. Studios and both writer organizations will be allowed checkers at polls. In event vole of a writer i,--- challenged, ballot will be seated and pa.ssed on to Dr. Towne Nylander. NLRB regional di- recloi'. for determination of eligibility. If election is deci.sive. with- out challenged votes, certification will be made without" passing on tlioin. 1INTOSM EBCE "0. S. Coverninent Thus Maintairit Its Piawer to Regulate Labor Disputes Betweien Studios and Crafts— • Writers re Just 'Hired Hands' Li Any tjher Filni. Laborers HISTORICAL LUBITSCH'S 'WOMEN' j THEATRE WORKERS' WITH SHEARER NEXT?! 4g-H0UR DEMANDS Washington, June 7. Interstate character of the film in- dustry was set forth this week as the reason why the Federal Government must use its powers to prevent labor dispute.s and avoid; interruption of the. screen entertainment supply, in a lengthy decision;, writing film history, the National Labor Relations Board handed the - Screen. Writers Guild a material although hot com- plete, yictbry, over producers and paved the way for intensive national regulation of most industry opera- tions. It's the first decision assert-, ing' labor relations iii Hollywood studios are subject to control from Washington. The lengthy ohrbnicle oif . rowing between studio heads and crafts drew hear a climax , when the NLRB directed Regional Director To\yne J. Nylander to hold a series of .elec- tions within 25 days at 18 studios to see whether scribblers want to deal with their bosses individually or via either the Screen Writers Guild or Screen Playwrights. Latter is an offshoot of the Academy of Motion Picture Arts and Sciences which has been denounced as a company union. Outside of Hollywood, the chief in- terest lay in. the manner in which the New Deal board made light, of the claim that film production is a 'local activity,' exempt frorh Federal super- vision. Other important issues set- tled by the decision were that writers are 'employees,' not indcr pendent contractors, creative genir uses,. artists, or some .other type of talented mechanism; that the size of the check does pot alter the em- ployer-emplbyee relationship; that the Motion Picture Producers Asso- ciation is not the proper Vehicle tor labor negotiations; that.only the per- sons on the payroll of, a particular studio at a certain time are entitled to a say in determining conditions of employment; and thai regardless of their contributions to the plot, ex- ecutives cannot a.<;sume the same status as idca-shapers. Iz Tried Hard, But— The i portance of the case from a legal viewpoint grew out of the lengths to which the producers went in their ellorl tu assure independence of Washington dictation. Chief ern- pha;!is vas placed on the idea that production—taking place entirely in one state, with imported materials representing only a minute propor- tion of the cost—is nol part of 'ihler- I state commerce.' ! Reviewin.:; in clemcntai-y. fashion I the financial and operating .structure of the industry, tlie Board justined I its decision with the remark tiiat ■ lilms move back and forth acra.s's (Continued on paije 2.t) Some Exchanges and Few Exhibs Would Be Mected by Wages-Hours Bill, but Only to a Mild Degree Their Sour Week Hollywood, June' Stbrtny sailing foi' the Yacht Club Bo.vs last week, Jimniy Kern and Billy Mahn wrecked their autOi Charlie Adler stepped on a stingaree at the beach, and. George Kelly was. stung by the. horses, at Tan- foraii. U.S. Would Tax Bite Doug Sr. 72G, Wasnington, Douglas Fa.irbands and Metro di- rector W. S. Van Dyke are dickering with the U. S. Su reme Court and Board of Tax Appeals to keep pqs- sission of a sizeable chunk of cash. .Largest.and most painful tax-bite is being readied for the screen actor, .who has paid it once already, and won it. back in the form of a re- fund. Tax sleuths are now trying to get back the $72,185 from Fair- banks, pius $36,456 from Van Dyke. ' Film star last week appealed to the supreme.Court to help him hang on to the money which Uncle Sam says, he owes on his incorhe tax for 1927, 1928 and 1929^. Wants the high-: est tribunal to kick over a, decision by the Ninth Circut Court of Ap- peals that he must.pay the amount, plus 6% iriterest from Jan. 26, 1932. Fairbanks dilemrna started with the sale in 1925 of Doug's interest in nine.films. for bonds having a par value 'of more.than $4,0p0,0(K). Some of the bonds were redeemed in each of the three, years involved in the tax struggle. Former husband of Mar.v Pickford filed a claim for a refund, after pay- ing his income tax for three years, on the ground he had not deducted a proper cost for the bonds re- deemed, Commis.sioner of Internal Revenue, in Januai-y, 1D32, gave back the $72,185, but later decided the refund was erroneous and brought suit to recover. PliSht of Van Dyke grows out of an attempt,by the Government to .snaffle S3G.456 in taxes on his income for 11)35—Jhe period when he was seeking a divorce from Zina 'Van Dyke. Von D.ykc's attitude, is-that, j since he and his wife were not divorced dull • the period, equal divi.vion of hi..; income for that year should have been 'permitted under the C.'ilifoinia 'Coniinunity property law. TMAT Beefs at F-WC Hollywood-, June 7. .rnst Liibitsch. who is here ,make one feature for. Metro before in^ to Encland, is being consid- ired af 1 rector, for 'The Women.' •Ill produce. If he there is a possibility Shearer, who lias in ' nloinotte. i^ht the load in an elTort to tiaija a rcliiiji in the light comedy r)le.> in v.liich she first made hci- rop'.ilation. LuliliiL-ll •o for he Bull ing Service .Employees nion. Local 32-j. which will have'• juris ., cleaners, chai womeii. etc.. in theatres, is de-1 niaiKliiiij a 48-hoiir week for these woi kcMs but pendin,^ further Confer-^ with Clroater Kew 'V'ork i no 'basis of wa.ijcs which . to Ijai'Kfiiii hn.i been .'-rl, j A 48-hour week will le iiioliopolit.in jn' the liii-;;('r fjp'.'iati ..;(iile In he sot ni'),vt nf thp bin Imusos biiil'lii:^' ,s'Mvii;r Scribs' Poll ll.)llywood. ..June 7. Appro.-i'muto hictnhor.'ilvp in the two liliii wiitji.n factions of recent date st;jn(l.s at (ii.') for tlir Guild and ISa for I'lji.Owrinhts. While only tho.sc wnikiiiii. ;),> of .Iiiiv? 4 urc al- lowed to vole if.i i;i"K->r.illv h:,-licvcd ratio ill oll,s \mmiI I ^llll b-v around 5-1. AilliOuiJli Vi.-v is spoUcMlcii f>)l Sccfl.' Inc.. 'if c;i! i vii) ; rli.- U, " .Sii|)i c((j.i. t' )iii'l on! no ■' '" eli;ct-)M Hollywood. June 7. Fox c.^t Coast theatres is eharjicd with rcrM.sin;; to bargain with the Theatrical ana.'jers, A','enls and Trc.nsurrrs union complaint Olcd with tlu; Kjlioiial Labor Ite- Ijlions Boiiid. rHaniz;ition, which chiim,^ nation ;is Ij.n!">;:>ini"'; rop. iiii i;r pr'O- visioii,.; of the W.-i'jiitT atl. iiisi:il., the .'ijorily or l-'-W(,' rriiirl;i-,;(-i's and a.>- ,'.'ist;iril iii;iM;i;;ei'.i iiii: on il,- inpmhci'- rolK. $950 THEATRE.STICKUP .S; ;M!h:iiv;. K. C .hiirr 7. .Ic-.vcli . \':i:ii'-d il. 711(1 L'.VI ..T il |;r:(,'i:(. fi ojii 1!:; IliC > ' :0..'':r,'in tv:n' ri '. rl -j.tlj I, -ft Long dehateil Black-Cohnery-Nbr- ton wages-hours bill, even if passed by the present session bt Congress as now seems likely, has slinri chance Of affecting anybody in fhe industry, except a limited few small exhibi- tors. And. if the current exemptions for designated types of business re- main in. the mcaisurc, it .appears doubtful if ,ahy portion Of the film business, aside 'from a negli ible. nuniber of exchange employes; ill come under the.; legislation. Affiliated circuits, have nothing 1o fear from the bill even if it should be found-applicable to them, now highly • dubious,' because vir- tually all major chains currently are paying above the. $16 weekly , mini- mum and are complying with the 40-hour week. The $16-40-hour setup' would not become' effective until the third year of the law's operation. As the wages-hours measure shapes up at present, only about 1,000,000 wbrkers in the U. S. would benefit by the new legislation arid certainly the picture ^business would have few in this small gr.pup; Distribution phase of the pictur* biz most likely would come under interstate' commerce qualifications in the bill as it now is. drawn up. Whether the theatre br distribution branch is or is hot in interstate trade docs not depend on the manner in which it is incorporated. Belief among industry adherents is that thus far the congressional salons have leaned backwards to keep from putting theatres under provisions of the law. And if ruled as applicable tb exhibition operations, it would touch only • a small group of ex- tremely small and relatively unim- portant houses. Some circuits might have to boost the pay' of u.shers at the end of three year^ of the law's operation but 'the statute might be repealed by that time. Legalists jn the business: contend that tivp exemptions in. the presently constituted bill rhight apply to the theatre branch of the film industry. One is that exempting retail estab- lishments and the other which keeps the law from operating against ser- vice industries. One interpretation is that a theatre operation is a type of service iti'that patrons are taken in and amused for a period of two to three .hours at a specified fee. Other attorneys class a theatre as a retail establishment because cxhibitor.s dp not sell wholesale (buy or sell lb anybody for re-sale) and the c.\hib is hot in the manufacturing bu.sjnc.s.s. Because exchange employes would figure in distribution phase of the industry, a relatively small group, reported.now as being paid less than the minim m or worked more than 40 hours weekly, might in time be benefited by the wages-hours lav/. There seems little doubt in the minds of trade showmen but that eventually a minimum number of theatres might be brought under the statute. They base this belief on past rulings whi^h have cla.'tsed.shipment of film in and out of theatres as interstate com- merce. Even it found applicable un- der the nev/ law. extremely few, ex- hibitors- v/ould find il necessary to boost salaries or change .schedules of. hours. NEWSMEN GAN'T DOUBLE AS ACTORS-SAG TABU