Variety (Jan 1939)

?6 VARIETY RADIO Wednesday, January 18, 1939 Agencies Statement (COPY) AMERICAN ASSOCIATION OF ADVERTISING AGENCIES 420 LEXINGTON AVENUE New York, Jan. 10. -f Mfs. Emily Holt, National Executive Secretary, Amer- ican Federation of Radio Artists, 2 Vfest 45th street Keto York, N, Y. Dear Mrs. Holt: The Conference Conlmittee, com- posed both of members of the A. A. A. A. and of non-members, has given careful consideration to the revised proposals presented by you concern- ing radio talent, their wages and conditions of employment. Our opinions which follow are of- fered in the spirit of the last para- graph of a letter addressed to the .Chairman of this Committee by your President, Eddie Cantor, which read . . ."We believe the advertising agen- cies have a sense .of responsibility concerning the ethics of their pro- fession, and that even those who may consider themselves exempt from the foregoing abuses, will join with us in our effort to STABILIZE THE INDUSTRY AND TO PRO- TECT THE PERFORMERS FROM EXPLOITATION." (Caps ours). "We acknowl<edge our concern with- the ethics in biir business. It is not only with those with whom we work, and, their recognition and re- wards, but also with the future i>f Uiat business. This Conference Committee heart- ily concurs with the AFRA in de- siring elimination of any abuses in working conditions in the radio busi- ness. We are happy to tell you that the Committed definitely, favors a minimum wage, tmif orm time limits ft • rehearsals and pay for overtime thereafter, together with a definite rate of pay fo^ rebroadcasts. . The investigation by this Commit- t^^e^ supports the view that radio en- tertainers oil the whole compose an indui^lTy of high pay and satisfac- tory working conditions.- Any indi- vidual abuses:; that may :<Qxist, or Which might later be introduced, y/e b^litvc can be corrected by the sug- gestions which follow. While o\xt concern is to secure for talent conditions under which it can deliver its best performances, we are "MO less concerned with the mainten- liahce of radio's competitive position with other media. We are definitely opposed to any measures that would raise the present cost ot broadcast- ing to advertisers. We believe our .fiuggestioils can cure conditions which you report as existing, with' put raising the average cost of radio broadcasting. In considerin^the wage rates herC' Inafter mentioned, it must be remem bered that they are minimum and include the l6ast important regular performer. The pvlrpose of a mini mUm wage is to protect performers against isolated cases of unreason ably low pay. The minimum is high compared with other industries and other phases of entertainment, even tb,^;^e,with the same risks of irregular employment. It does not purport to equal the hlghfist w&ges paid to non-star per formers, wages which the industry as a whole cannot afford to pay as minimum, especially the tatik and file of smaller advertisers whose re sources are limited. .We do not believe minimum.wages will become the maximiim, any more than they have in the past; in our opinion, agencies will go on paying the maximum rates they have hither to,, regardless o*f ^ny minimum. . The multiple discounts are practi cally confined to multiple day-time shovrs, giving steady weekly employ ment to the artist and enabling a fair weekly compensation with ample time to appear on other programs. As we have informed you from the start, ouf body is'not an employer oil radio talent, nor are we in a position io make any commitment for spon- sors or agencies; furthermore we .have no authority to deal with the 'question of the Guild or closed shop, as indicated by our letter to you ol! September 13, 1938. Not being an employer, our position has been that of it volunteer fact-finding body, to brinK td your attention actual oper ating conditions as they exist be tweeh radio talent and their employ ers and give you our opinion relative thereto. It should be definitely understood .that acting in this Capacity as a fact finding body, we do not take the po »rii jijiHfrn all employers of radio taiWut ddn 'meet tb6 conditions men tioned herein. This is a problem which eaph employer must consider and solve for himself. Each individ- ual employer of radio talent must de- termine for himseU whether our con- clusions of what are fair working conditions are in accordance with his experience and requirements. In expressing our views we cannot put ourselves in the position of com- bining with AFRA to embarrass any employer in regard to. working con- ditions or a minimum wage which might injure his business, nor can we be put in the. position of preventing budding talent from securing em- ployment or handicapping it in any way. The information that we have gathered indicates to us that if radio, as an advertising medium, is to be encouraged, to continue to hold its competitive position and be permitted o grow, .and if at the same time here is to be maximum employment and future opportunity for the great )ody of performers, then these needs can best be met, in our' opinion, by the following working conditions and. minimum rates: Sngirested Minlmami Pay for Actors And Singers on Sponsored National Network Broadcostinir (Does not apply to. regional or local broadcasts) $15 for %-hour show—including 2 lours rehearsal. $20 for %-hour show—including 3 lours rehearsaL $25 for 1-hour show—including 4 lours rehearsal. (25% of base rate additional for rebroadcast.) Rehearsal overtime—$4 per hour, payable $1 for each quarter hoiu: or fraction thereof. Discount for' multiple shows per week: 33%% for 5 or more showsf 25% foir 4 shows, 20% for 3 shows, 10% for 2 shows. Thus the minimum for 5 shows per week would be $50 ($62.50 With re- broadcast). Drama:tized commercials, when ac- tor is not otherwise in the cast, $10 each, regardless of length of show, including 1 hour rehearsal, and with 25% of base rate .additional for re- broadcast Rehearsal overtime—$4 per hour, payable $1 for each quarter hour or fraction thereof. Bit parts $5 minimum per show in- cluding 2 hour rehearsal (crowd ef- fects excepted). For making transcriptions: For single shows, where the program is for transcription only and is not less than fifteen minutes in length, 75% of alsove minima for live broadcast. For multiple shows recorded at the same session, a proper discount to be negotiated between agency and tal- ent and based on time consumed. For taking show off the line for recording: No charge in view of no additional effort being required of the talent (but use of records should be restricted to same sponsor as broadcast, unless otherwise agreed). Where a program is broadcast live on a network and . there is a separate ses.'iion for recording the same pro- gram for transcription broadcast, the' additional fee shall be the same as for a rebroadcast. ' For auditions: 50% of broadcasting minimum rate of pay for program auditions; voice and talent tests should be free of charge. Doubling parts in the same show; no charge. Rates for singers, other than solo- ists, to be proportionately discounted for nimiber taking part, and with due regard to their total cost to the sponsor. Above scale and conditions for ac- tors and singers to apply also to an- nouncers except ^talf announcers for whom minimum commercial scales have already been established. Cancellation terms: Should be fair to both talent and employer; avoid involving the latter in unmerited embarrassment and the former in unmerited loss of employment. No employer should be bound to con- tinue with an artist who, in the pro- ducer's opinion, proves incompetent or detrimental to a show through no fault of the employer, but employer should guarantee artist 50% of mini mum scale for the broadcast in ques- tion. ' Each employer should ' have the right to discharge any employee for justifiable cause without payment of any guarantee. These various suggested pr9vIsions JIMMY WALKER SOUTH Did 12 Weeks on WMCA Experi- mental Program James J. Walker, former mayor of New York, departs Jan. 22 from the Sunday matinee series he's doing on WMCA, N. Y., so that he can get a few weeks of sunshine down south. He will have done 12 weeks. Mod- ern Industrial Bank paid for time, but not Walker or the show. Station hopes to have the same account continue with the idea that Walker has been emceeing by the time he returns to New York in three or four weeks. WMCA is also talking to a national advertiser about underwriting the event on a regional hookup. Union Suggests Signal Checkup As Work Project Washington, Jan. 17. Surveys of broadcast Interference and broadcasting coverage, suggest- ed as an unemployment relief un- dertaking, were turned down by the FCC. last week on the ground the effort required caniiot be justified. Plan sprung by the iioint Unemploy- ment Council of the American Com- munications Association in the hope of creating temporary jobs for out- of-work ciard-holders. While sympathetic to any relief plan itnd believing some of the ideas are meritorious, the FCC saw practi- cal difficulties, chiefly financial, but promised to continue pondering some of the suggested projects to see if there is any way to 'carry them out. These.do not r«late specifically to broadcasting. ' Consideration will be given on the .theory, the projects, if undertaken, would provide work for non-union persons. Detailed analysis, the Commlsh told the C. I. O. group, does not show reasons for sponsoring the research in the broadcast field. Conferences with Works Progress Administration executives developed that the relief agency does not favor house-to-house canyasses, while the FCC .is vmable to furnish individuals to do, the plan- ning and supervise the work. Lack of money for the technical equip- ment needed was another objection. That Handy Man Now Conducts the Orchestra Buffalo, Jan. 17. Bob Armstrong is conducting the WBEN-WEBR orchestra here, suc- ceeding Erwin Glucksman. Arm- Strong has been a member of the staff for several years, holding down the second trombone chair in the or- chestra, playing 'cello in a string group, squeezing an .accordion in novelty units, pounding a keyboard in the two-piano team of Wullen and Armstrong, and singing with the Men of Note quartet Robert Denton continues as music production man for the two stations. MacQaarrie Must Audit Hollywood, Jan. 17. Haven MacQuarrie lias been or- dered., by court to submit accounting of proceeds from radio program *Do You Want to Be An Actor' to George Lyon, who charges he was mulcted of partnership interest. Lyon, former Civil Service Com- missioner, testified MacQuarrie was paid $5,000 weekly for program when sponsored by Chase & Sanborn. ^ » ♦♦♦♦♦♦♦♦ I ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦«♦♦/ AFRA Report to Memkrslup Philly CIO Elects Philadelphia, Jan. 17. - Richard Shipp, panelman at WPEN, was elected prez of the Broadcast Division of the American Communications Association, CIO. last Thursday. Other officers named were Louis Littlejohn, WPIL, v.p. of the engineers'^ group, and Lou Lon- don, WPEN gabber and producer, v.p. of all other radio employees. William Harris, WDAS .engineer, was elected treasurer, and Ed Car- roll, WCAU knob-twirler, was re- turned to the secretaryship. . Under date of Jan. 14 AFRA reported to its membership Its version of the step-by-step history of its campaign for recognition and Guild Shop. It reads as follows: SUAniABT OF 3^0€EBDING/9.TO DATB On November 11th, 1937, the National Board appointed a permanent Negotlatlnr Committee, conslBting of Henry JalTe, Georsfe Heller, and Elmlly Holt and adopted a procedure to be tollo^ed In netrotlatlons which Included barKalnlnff with the adverllBlng agencies at the discretion of the National Board. On December 10th, 1037, the Board adopted a resolution authorizing the Committee to enter upon formal negotiations with the advertising agencies. Pursuant to thiH action of the National Board, the Negotiating Committee had a number ot tneelngs with the ISxecutivca of Young A Rublcam and B. B. D. & 0„ with a view to making collective bargaining agreementa with the several agencies who produced national network spon- sored programs. On January 4th, 1038, the Negotiating Committee reported to the National Board that fluoh meetings had been held and that the agencies had proposed to set up a Com- mittee through their trade association, known as the 4A'3 to represent the entire in- dustry, the purpose of whloh was to arrive at a contract which would be recommended to the Individual member agencies for action. On January 18th, 1038, the Committee reported to the National Board that a meeting had been held with the ofClcera of the 4A'8. and an appointment had been made for Mr. Jaffe, as attorney for AFRA, and Mr. Link, as attorney for the 4A'a, to drnw up the fundamental form of a contract, schedules to be Included when agreed upon. It was also reported that further discussions had been had with B. B. D. & O. and Toung & Rublcam, On January 20th, Mrs, Holt reported that at the request of Mr. Benson of the 4A'«, .copies of AFRA's proposed wages and working conditions and a resumfi of the history of AFRA, pertaining to its chorter, founding and various locals, had been sent to be submitted to all members of the Agencies' Committee. Mr. JaKe reported that he had dratted and submitted a contract to Hr. Link but no reply had been received. Mr. Link had stated to Mr. Jafr» that he proposed to send the contract to all members of the 4A'B during the coming week. According to Mr. Jaffe's office records,' many calls to Mr. Link In connection with thin contract were unanswered and unacknowledged. On February 95th, 1038, the Committee reported to the National Board that the adver* tlslng 4A's, through Mr. Benson, had sent out copies of AFRA's proposed scales to 700 members and that it would take at least 'one more week' for them to get to a point where their. Radio'Committee could sit down with'our Committee. During this period, ajB AFRA members know, the Negotiating Committee was concurrently taotding confer- ences with the network companies for b. sustaining contract and for the staff announcer* on the New York stations of the Irrational £lroadcastlng Company. Repeated ellorts during this period to arrange a meeting with the Agencies' Committee met with the reply that the answers from the many agencies had not all been received and.that the survey being made by the 4A'B.had,not been -concluded and no purpose.could be served by. holding a meeting il^tll Mr. Benson's report was concluded.. Thereat.ter the Annual Convention of the Advertising 4A's was scheduled to be held at White Sulphur Springs and at the request of the agencies, meetings with them were again deferred until the conclusion of the Convention. Again AFjElA furnished the- agencies with a complete resume to date of its history, and activities which we wore told was presented to th« Convention, at White Sulphur. During the summer our meetings with the Agencies' Com- mittee were ag^n deferred because of the absence on vacation of numerous executives, espcially Mr. Chester LaHoche, who was described as the 'spearhead' without whose presence no constructive worlc could be done. Mr. LaRoche was in Burope. During this period, the sustaining contract with the-network companies was brought to a conclusion, was ratified by the membership and became effective. Every effort was made by the Negotiating Committee to reconvene with the Agencies' Committee but M such meeting could be arranged until the end of the summer. The Agehcies' Committee had consistently rejected the AFRA proposals without, however, submitting any counterproposal at any time. Tour Negotiating Committee recommended that AFRA re-cxamlne its proposals with a view to arriving at minlmuma whloh. If necessary, could be established by rule and regulation In the event that con- tracts could not'be concluded wlthi the agencies. Informal discussion meetings of mem- ber^ active In the commercial field Were called at the National Headquarters for this .purpose, and the scales were revised and were submitted to the Boards and membership in New York, Chicago, .Los Angeles and San Francisco. A number of apparently irre-' concllable differences developed which were not-resolved until the AFRA Convention In St. Louis on November 16th, when the various delegates were able to eliminate all major differences and reach, a virtual accord on the revised scales. FRBSEMT STATUS On November 21st, 1038, the Negotiating Committee requested the National Board to appoint a Steering Committee to confer with'them and report to the National Bonrd' on the strategy to be followed. This was recommended because at the considered Judg- ment of the Negotiating Committee that Conferences with th*- Agencies' Committee would be fruitless, that we doubted the sincerity of their efforts to conclude an agreement and that'it would be necessary to prepare resolutions for draatlo action, support of our affil- iated guilds, and individual pledges of support by members. The Steering Committee has hod a number of meetings and has formulated a policy which was approved by the National Board. Following the report of the Steering Com- mittee on December 1st, 1038, it wan the sense of the Board that If drastic action were token as outlined by the Steering Committee AFRA should prepare for united action on a uniform basis against all agencies which did not conform to AFRA's proposed Cod* of Fair Practice. On December 16th, 1038, the Committee reported that a meeting had been held with the Agencies' Committee'at which Bddle Cantor, Lawrence I'lbbett,' Ken Thomson, Fredrlo March, Bert Lytell and your Negotiating Committee together with two observers; Mark Smith and Alex McKee, had been present and presented Its revised scales and Cod* of Fair Practice. At the conclusion of this meeting, Mr. Cantor arranged that on De- cember 22nd, an Answer would be furnished to us by the Agencies' Committee; ThI* meeting was. postponed until December 27th, in order that Mr, Cantor might attend. In the interim and prior to giving AFRA an ofCiclal answer, the Agencies' Committee, through Mr, Chester X>aRoche, gave a formal statement to Variety which appeared in Us issue dated December 2lBt, occupying soitTe four columns of print. At the meeting on December 27th, no answer was made by th* Agencies' Commit- tee other than to label AFRA's proposals as 'ridiculous.' The only scale proposed wa* oilered by Mr. LaRoche who stated that the only minimum his agency would agree to was $40.00 per week—the Equity minimum. This, we felt, did not merit consideration. At the request of the agencies, however, and for the purpose of maintaining our record of good faith, and with the consent of our President, Bddle Cantor, another meeting was' set for January 0th, 1030. This meeting at the request of the Agencies was postponed until January 10th, 1039. At that meeting, as stated earlier in this letter, AFRA was represented by Messrs. Heller, Jaffe, McKee, Case, Mark Smith, Hershplt, Major Holmes anc^ Mrs. Holt. Th* meeting opened with the reading of a statement dated January 10th, and signed by Chester LaRoche as chairman of the Committee, and a copy of the scales submitted Is appended for your Information. Following the reading of this statment the AFRA representatives requested leave to Withdraw and confer. There was comple'te unanimity in the opinion that the proposals must be rejected completely and' promptly end that th* Agency Committee be Informed then and there of AFRA'a position. The AFRA representatives agreed on what was to be said and requested Mrs. Holt to act as spokes- man. On resuming the conference Mrs. Holt said in substance: "When we withdrew there was no doubt in my mind that all my associates on thl* delegation would be In accord In considering these proposals entirely unacceptable to the National Board and the membership of AFRA. We did, however, confer as to whether or' not any valuable purpose could be served In continuing our conferences with your Committee. We had hoped that we might arrive at some satisfactory contract which you could recommend to your members. We find that this is not the case and that no valuable purpose can be served by continuing our conferences." are related to one another in con- stituting a .total cost to the sponsor. ^ Sincerely yours, Agency Conference Committee, Chester J. La Roche, Chairman. AFRA, RWG Parley On Status of L. A. Writers Committees representing the Amer- ican Federation of Radio Artists and the Radio Writer Guild met Thurs- day (12) to consider the status of Los Angeles scripters. Number of authors involved are already mem- bers of the performer union, but RWG (an affiliate of the Authors League of America) claims jurisdic- tion over them. Understood the session amounted to little more than a preliminary get- together, with mutual expressions of confldenee, but that no definite method of procedure was worked out. Both groups will now report back to their boards of directors. AFRA reps included Mrs, Emily Holt, Henry Jaffe, George Heller and Ted De Corsla. RWG was repre- sented by Marc Connelly, Kenneth Webb, Luise Sillcox, Knowles En- trikin, Henry Fiske Carlton and Ruth Knight Five of Radio Normandy's former announcing staff are now with BBC. They were corralled singly. MUURTAPE IN ON SPEC Albany, Jan. 17. Miller Broadcasting System, makets of the tape method for pro" gram transcribing, has Installed its first contracted servicing device in the studios of WOKO, Albany. David R. Christman, find Maurice \\ifolsky, commercial manager and chief engineer, respectively, for Miller, supervised the Installaliion. Miller method of recording uses 7 millimeter film and has been tried out by various European broadcasting system since 1935. Miller reproducers are being in- stalled with ttie understanding that if the station gets any commercial business which uses the Miller tape method Christman's outfit will col- lect 15% of the card rate from the station. WSYR, Syracuse, also has deal.