Variety (Aug 1939)

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Wednesday, Aiiguet 2, 1939 PICTURES VARIETY 23 Pix-Stage on Spot H'wood and N. in Union War; Y. the Vy Points (Continued from page 1) It puis both film production and the- ,trg operation '(vaudi and legit) in ■ precarious position. Witli both sides rushing prepara- tions for a finish fight, the vital ques- tion appears to be the possible course of action by Theatrical Pro- tective No. 1 (New York stagehands' local) and the lATSE local In Los Angeles. Defection of either group would cripple. George E. Browne, lATSE president, at the start. Offi- cials of the New York stagehands indicated they' are opposed to Browne's 'invasion' and will wage a ,'iR3L3.&^^' °" **** issue. There is also grave possibility of revolt within the lATSE ranks on the Coast, where there have- long been outbursts against the Browne-William Bioll regime, and where the union is threatened with invasion by the CIO ■ technicians' outfits. In contrast to the threatened splits in the lATSE ranks, the Four A's have solidified their lineup in face of the stagehands' attack. Also, it is. pointed out, in any actor-stagehand showdown, the actors have a decided advantage in the fact that the co- operation of only the stars would be necessary to tie up production, whereas the stagehands would re- quire complete solidarity to be ef- fective. It is doubted it any such united action could be brought about by the lATSE, particularly in view of the known opposition of the New York and Los Angeles locals. Four A's heads are of the opinion that it Browne tries to carry out his Invasion move he'll not only lose the battle but may topple the entire lATSG setup and collapse his own regime. Four A's Strikes Back Evidence of the determination of the Four A's unions to wage a finish battle against possible stagehands' domination was seen in the imme- diate action of the international board and the governing bodies of the alTUIate unions. Upon learning of Browne's, char- tering of the AFA, the Four A's board instantly issued a fiery state- ment attacking the 'transaction,' warning of punishment for any ac- tors who participate and calling for ■ showdown in the AFL. Screen Acton Guild board on Monday nl^t (31) suspended Sophie Tucker, AFA president. Harry Richman is not a member ot SAG. Equity council will probably suspend Miss Tucker and Richman at a special meeting today (Wednesday). American Fed- eration of Radio Artists national board is virtually certain to follow suit at its regular meeting tomorrow (Thursday). Both Miss Tucker and Richman were present at the lATSE- AFA charter proceedings. Soph May Tench OB Strike Suspension o't Miss Tucker from . Equity may bring about the first ac- tual showdown in the fight. Singer Is featured in "Leave It to Me,' which is slated to reopen Aug. 21 at the Init>erial, New York. lATSE-AFA heads predicted that if she is barred from the show the stagehands would strike. If they do, it will probably close every legit show in the coun- try immediately. But it the New York stagehands refuse to support Browne, it will be a virtual back- breaker for him. Understood Miss Tucker has a pic- ture contract in the works with Uni- versal. Her suspension by SAG automatically . short-circuits that. However, that may or may not Ignite a SAG-IATSE fight in Holly- wood, since the Tucker contract isn't set. Probable that some other spark would be required to involve the film end in the battle. But if a fight does' come, any possible defections among the disgruntled extra faction >n the SAG would . probably have negligible effect, as the sUrs, who are the backbone of the Guild's power, are solidly loyal. Although the power of. the per- former unions to suspend their mem- bers and thus virtually prevent them from earning a living has never been tested in court, it has been er-rcised by Equity and SAG in the past. Wal- lace Beery, Lionel Barrymore and others were suspended by Equity for refusing to join SAG and, when the latter union won a Guild-shop con- tact with the studios, were forced w pay heavy fines before being ad- letted to membership and the right to work in pictures. Without the stagehands' backing, M'ss Tucker would have only a slim chance of fighting the Four A's setup, She could bring damage suit against the unions, but litigation would con- sume a couple of years. She might be backed by the lATSE, but that would also be problematical if the stagehands had refused to join the fight. AFL ShowdowB Meanwhile, both the Four A's and lATSE are preparing for a show- down at the AFL executive council meeting, which opens Monday (7) in Atlantic City.' Four A's within a few days will issue a blistering open letter to its members, the members of the executive committee, all AFL affiliates and President Green. State- ment will charge a combined 'plot' by Green, Joseph Padway (AFL, AFA and lATSE attorney), Browne and Whitehead to turn over the actors to stagehands' domination. Will assert (1) that the lATSE is dominated by Browne and Biofl, his personal representative; (2) that Whitehead is attempting to 'deliver' the AFA to the lATSE 'without sub- mitting the. matter to the member- ship'; (3) that Green has 'delib- erately violated the constitution of the AFL' and is 'using his position as president' for personally aiding, and abetting Whitehead, and (4) that the Four A's has been requested to appear t>efore the executive council to answer AFA charges 'which the executive council has no power to hear aiid that Green should never have accepted.' Assail Green Statement will reiterate the Four A's 25-year record of loyalty to the AFL and will insist the performer union hopes to remain in the fed- eration ranks, but will bluntly assert that Green, Padway, the lATSE and Browne are arrayed against' the actors 'in ruthless disregard of legal rights as well as every ethical and moral principle.' If the" executive council refuses to stand by the AFL constitution and former outfit withdraws from the AFL, Concurrently, the industrial union is pushing its attempted in- vasion of the lATSE domain in Hollywood, thereby seriously threat- ening Browne's organization in a vitsl spot at a. critics! time. ■ ■ ■ Meanwhile, Four A's heads have held a series of conferences with various AFL union officials in Wash- ington and elsewhere to sound out their probable cour^ of action in an actor-stagehand union battle. Under- stood no final deals were set, but that the leadiers'of several powerful unions pledged their support, some of them indicating they would bring pressure on Green at once. Ken- neth Thomson, SAG executive sec- retary, was in Washington and Buf- falo last week for such confabs, later flying to the Coast. Laurence Beilen- son. Four A's attorney also returned to Hollywood, with a stopoff in Chi- cago. Another likely Four A's move in the row is a possible damage action against the AFL for alleged breach of contract in permitting the lATSE to invade performer jurisdiction in violation of the Four A's charter and the AFL constitution; Attitude of the Theatrical Managers, Agents ^ Treasurers, the Scenic Artists, team- sters union, and the American Fed- eration of Musicians is not definitely known, although the TMAT is re- ported to favor affiliation with the lATSE. Four A's leaders are de- termined to wage a strong battle against all opposition heads, and AFL officials, as well as lATSE execs, may decide that .the White- head-AFA issue isn't worth what the fight will cost. In granting a charter to AFA, Browne on Monday (31) said that the organization's 'affairs are clean and proper' and its 'officers have conducted themselves with loyalty to their members and honesty to their organization.' He stated he had made a 'personal investigation of the alleged charges against you' and found that .'not only have all officers given unstintingly of their time', energy and service for the promo- tion and welfare ot the AFA, but that you have conducted its affairs loyally, efficiently and honestly.' Only Vaade-NlteryCireas Pledging tke complete backing ot 4 A's Statement on AFA-IATSE SUtement Issued Monday (31) by the international board of the Associated Actors & Artistes ot America, In connection with the char- tering of the American Federation ot Actors by the International Al- liance ot Theatrical Stage Employees, follows: 'The delivery by the stagehands of a piece ot paper called a charter to Whitehead (AFA executive-secreUry) does not mean the delivery ot any one ot the 30,000 actors In the Associated Actors fit Artistes of America. , . ,. "The treasonable and disgraceful act ot certain performers in deliv- ering-their brethren to the stagehands will receive our Immediate at- tention. As for any actor who participates in this betrayal of his fellow-actors, we will take immediate action against him and his kind. 'The actors In the Four A's will remain firm and no self-respecting actor will be party to the transaction that took place today between Browne (lATSE president) and the AFA. 'George Browne's act In attempting to raid the jurisdiction of the Four A's,' a jurisdiction which has been recognized for 25 years, is a deliberate and inexcusable violation ot the constitution ot the Amer- ican Federation of Labor. Nor.has Mr. Whitehead consulted what remains of his membership in making this move. Neither party to the transaction apparently has any regard for the legality of his actions. 'The next move is up to President Green and the executive board of the AFL. Any organization that will permit a union to raid the juris- diction of another is no protection to any union. 'The Four A's is well-equipped to take care of itself and its mem- bership in this or any other fight.' protect the Four A's jurisdiction, the statement will say, 'then every labor union in the country loses control over its locals' and 'the AFL is no protection to any union,' Will threaten that it the executive coun- cil refuses to uphold the AFL con- stitution, the Four A's will cany the fight onto the floor of the convention and, if necessary, withdraw from the AFL. Fact that the letter will be ad- dressed to all AFL affiliates, as well as the executiva committee and Green, is regarded as highly signifi- cant. It indicates that the Four A's figures it will have wide support among the AFL affi'iate unions, some of whom are already liikewarm toward the Green leadership. Per- former union heads hope that if Green forces a showdown, he may even upset his regime. CIO Id the Backeronnd Position of CIO in the matter isn't clearly known. Four A's officials in- sist they have no intention of such an affffiliation, but John L. Lewis lieu- tenants are known to be hoping to capitalize on the Four A's-IATSE split to gain a long-sought foothold in the theatrical union field. It is known that CIO reps intend to make overtures to the Four A's i£ the per- 4A's Beef to AFL . Formal charges against the lATSE for invasion of the Four A's jurisdiction were being readied yesterday (Tuesday) by the performer union for presen- tation to the American Federa- tion of Labor ■ today (Wednes- day). Claiming that its juris- diction over performers has been recognized for more than 25 years, the Four A's will accuse the stagehands ot 'deliberately and wilfully violating' legal and ethical rights. It was also learned that the Four A's last Saturday (29) wrote the AFL headquarters in Washington reiterating its consti- tutional right to control its' own internal affairs without interfer- ence from the AFL, calling on the AFL for a statement defining the status of President Green and general counsel Joseph Pad- way in the dispute, and protest- ing against the threatened lATSE-AFA alliance (which took place two days later). Four A's board was also slated to meet last night (Tuesday) to name a steering committee to deal with the present emergency. Understood the group would act as a sort of 'war board' to work in close coor>eration with the Coast end in combatting the lATSE without having to wait for a get-together of the full board. the lATSE and its treasury and membership, Browne added that the AFA would receive protection of the stagehands and that all contracts, rights and obligatio'ns will be 'strictly observed.' Although explaining that for the present an organizing drive would be confined to only, the yaude- nitcry-circus field, he indicated that the A FA'S charter from the lATSE gives it jurisdiction over performers in other entertainment fields as well, including films, legit, opera, concert, radio and even television. | Miss Tucker at the ceremonies; stated that 'this is a happy day for I the officers of AFA and its member- | ship. In affiliating with the lATSE i feel that the members of the AFA ! have made a greater stride towards improved working conditions in our ] field than we have made in the sev- j eral years since we first organized. As an affiliate of the lATSE and with its backing we are now assured of tremendous success. Anyone fa- miliar with the great progress made by the lATSE for its members must know that the members ot the AFA will secure great gains and ad- vantages which can only be secured by affiliation with a tried and splen- did organization such as the lATSE, which in turn is an affiliate of the AFL. We are highly gratified over this alliance.' Didn't Show Vp Several publicity releases Issued by AFA about the charter-granting ceremony staled that Rudy 'VaUee, Joe Laurie, Jr., Ben Bernie and Mor- ton Downey, as well as Tucker and Richman, were present, but they failed to attend. Informed - of. the statement, Bemie later said he had not authorized the use of his name or know of the meeting. Revealing that he had resigned from the AFA council a month ago, the bandleader explained that he had never received an acknowledgement ot bis resigna- tion, but added that If the organiza- tion doesn't cease using his name he will bring proper legal action. He also said he is supporting Eddie Can- tor and the newly-chartered Ameri- can Guild of Variety Artists and that ha is 'unequivocably opposed' to the entire Tucker - Whitehead - Browne setup. 'You can quote me as strongly as you want to,' ha added. Morton Downey, who Sunday (30) bowed out of the Aquacade show at the New York World's Fair because of a sinus infection, was ill in bed at his home in Greenwich, Conn., and could not be reached for comment. However, his wife said he had not been at the charter ceremonies Mon- day and hadn't known of or . author- ized the use of his name. She ex- plained that the singer was too 111 to be disturl>ed, but explained that she knew he hadn't attended any AFA functions since the riotous meeting called by Sophie Tucker at the Edison hotel, N. Y., late in June. 'Whitehead later claimed Downey okayed the lA merger. Laurie revealed that he hadn't been at the charter meeting, but had been 'at home working on a play to give actors and stagehands employment.' Added that he hadn't authorized the use of his name in connection with the proceedings. Vallee is currently playing a stage date at the Chicago theatre, Chicago, and also didn't attend. He likewise said that his name had been used without his authorization. It was in- dicated by Four A's officials that no punitive action would be taken against performers who didn't at- tend the ceremonies, but whose name.s were used without their knowledge: Meanwhile, groups in the AFA membership opposing the Whitehead regime are preparing various moves to nullify the lATSE affiliation and bring about the ousting of White- head and Sophie Tucker. Petition Is being circulated for a membership meeting, at which a recall and disso- lution motion will be made. Groups are also readying injunction pro- ceedings to set aside the lATSE tieup on the ground that it was made without consent of the membership and i.s therefore unconstitutional. Only branch of show business not likely to be concerned in the spread- ing performer-stagehand warfare is radio, where the lATSE has Negli- gible representation. Browne or- ganization Jias heavy numerical strength in the film industry ai well as in legit, opera and vaudeville. But in the radio technicians' field it has ' made no progress and the AFL- ' affiliated International Brotherhood of Electrical Workers is over- shadowed by the American Com- munications Assn. (CIO). Screen Actors Guild Pledges Finish Fight Hollywood, Aug. 1. Screen Actors Guild suspended Sophie Tucker last night (Mohday), placed its resources at the disposal of the AAAA and pledged a finish fight against the invasion of its juris- diction by the lATSE. SAG board of directors^ declared Miss Tucker was suspended for 'flagrant and obvious offense against the best interests of the Guild.' Indicated action might be taken against others whose names were being mentioned in connection with issuance of the AFA charter. Kenneth Thomson, SAG secretary, said every resource would be ex- hausted to have the American Fed- eration of Labor set aside the ac- tion and indicated that, if this failed, the battle would be taken to the courts and the general membership. Thomson expressed the belief that the names ot many actors listed in connection with the charter grant had been used without their knowl- edge. He said this was a 'typical practice' ot Ralph Whitehead and was one ot the grounds on which the charter ot organization was rescind- ed by AAAA. Conference of all tops in 4 A's affiliates will be called immediately to plan the fight. These Include American Federation of Radio Art- ists, Actors Equity, Hebrew Actors and American Guild of Musical Artists. Affiliates probably will be asked to take action against mem- bers who retaiin membership In AFA in preference to the American Guild Variety Artists which was chartered by AAAA, to replace AFA. Supi>ort ot the Screen Directors Guild, Screen Writers Guild and other independent crafts, will be sought. SAG already has a working aUiance with SDG and SWG. . Tops in SAG will go to Atlantic City Aug. i to present its case at the meeting ot the American Fed- eration ot Labor executive council. If the plea should be nixed the fight will be carried to the convention floor. A negative reply from AFL would result in the withdrawal ot SAG and other AAAA affiliates from AFL. Miss Tucker Says SAG Will "Rue' Her Suspension Sophie Tucker, president ot the AFA, yesterday (Tues.) stated: 'From past performances we are not in the least surprised at the vindictive attitude shown on the part of the Four A's. If, as reports have it, the SAG has really suspended me from menrtbership, I .am afraid they are letting themselves in for more than they bargained. 'Our first consideration is in the interests of our general membership and we are being extremely careful that no act on our part will result in putting the actor in the middle. 'If a few selfish individuals intend to try to uphold their high-salaried officers by making the actors the goat, I am sure they will rue the day. It is very obvious that in retaliating against me they are dealing in per- sonalities and making a last dying attempt to frighten the actors who might fear similar retaliations. Ws are not playing the game any way they might choose and assure every- one that George E. Browne, his as- sociate officers and the entire mem- bership of the lATSE are no school children, but, on the contrary, are past masters in the sort of strategy that it takes to v/ln.' Writers Outside Calif. Labor Commbh Setup Los Angeles, Aug. 1. State Labor Commission has no jurisdiction over contracts between writers and agents for the sale of literary material, in an opinion handed down by the commission it- self. It was an answer to a query from a writer who complained that his 10%er demanded exclusive sell- ing rights even though there was no selling over a period ot four months. Opinion, signed by Leo L. Schau- mer, attorney deputy, and approved by H. C. Carrasco, Labor Commis- sioner, said in part: . 'The private employment agency act applies only to employment agencies in the procuring of jobs for personal services. "Insofar as . the contract pertains to literary ma-'^ terial, this department has no juris- diction. The parties would be left to the construction of the contract it- self.