Variety (Dec 1939)

Wednesday. December 20« 1939 PICTURES VARIETY SAG. WARS ON RACKETS Allegedly 'Smelly Universal Picts Labor Case Still an NLRB Mystery Washington, Dec. 19. Just what National LaV>or Relations Boardite William M. Leiscrson was getting at when he termed the 'Uni- versal Pictures' case smelly" In an Inter-office memorandum remained a mystery at the end of last week's hearings before the special Congres- sional ccimmitlee probing enforce- ment of the Wagner Act Consider- able testimony was heard about con- ditions in the NLRB's Los Angeles cfCice but only incidental reference was made to the illm matter. The bulk of the evidence regarding the Universal case was in the form of a memorandum by LiCiserson dated July 26, 1939, referring critical- ly to the way the board acted in the controversy last spring and summer between producers and Screen Writers Guild. No details as to why Leiscrson termed the matter ismelly.' In his memo. Dr. Leiserson ques- tioned the propriety of reopening hearings on the basis of a hastily- amended complaint. Principal points of dilTcrence. he remarked, were sub- jects of collective bargaining, not disputes concerning recognition or right to organize. Publication ot the document disclosed that the Guild folt it was on weak ground. Lelserson's Memo 'I think if you will read the file with an open mind, you will get the Impression that I have gotten that we arc being asked to aid the Guild Irt matters of collective bargaining, ■which are no part of the duties of the board, and that the Guild wants us to make an 8 (5) complaint in a case where collective bargaining has reached the point ot substantial egrcement and where the Guild it- self refused to negotiate further. I am afraid that the amended com- plaint may look as if we are carry- ing out this purpose,' the newest member informed his colleagues. Leiscrson noted that board files •contained Information that the parties were 'in substantial agree-1 ment' and the SWG turned down the proposed contract because 'it was ' dissatisfied with three things, none ot \yhich involved unfair labor prac- tices under the act.* The companies were willing to continue discussions, he added, while the Guild insisted on reopening the hearing. To back up his accusation that the board was taking sides, Leiserson called at- tention to a letter from SWG last may stating: 'As I told you before, I don't think the collective bargaining case is worth anything, however, we still have_ a chance to knock out the Scree'n Playwrights' contract which Is important for us, and the most im- portant thing is to air those 8-1 charges. 'Once the producers are notified by the labor board that those charges arc to be aired, there is a chance that we will get somewhere. It tlic producers can convince the labor board not to air such charges, frankly, we are sunk.' Exchange Workers' New 2-Year Contract Set; Mum on Terms — Kxlrenip secrecy prevails as to the terms, of the new two-year contract negotiated by New York distributors With iiie Film Exchange Employees' Union, committees on both sides hav- ing pledged themselves to keep mum as to what the scale will be under the new agreement. Believed that the old scale continues, though there ^ no confirmation under the closed- mouth policy agreed upon. Under the two-year ticket, which «P>red Nov. 30 last, it was $24 mini- mum for day work and $26 for night •hifts, with the maximum $08. ■ «ew agreement,- retroactiva to «ov. 30, runs until Nov. 30, 1941, and "«8otiated with the exchange workers by Metro, Paramount, United ani'^'?',20lh-Fox, Warner Bros., RKO and Columbia. WB AH at Sea Hollywood, Dec. 19. Naval prepardeness . on the Warner lot reaches its highest point next month when the huge rharine set will be ready for 'The Sea Hawk,' first of four high-budget seafaring pictures. Following 'Sea Hawk' on the schedule are 'John Paul Jones,' The Sea Wolf and 'Captain Hornblower.' W.G. Maxcy, L.K. Brin's Big Backer, Involved In Bankruptcy Suit Milwaukee, Dec. 19. Echo of the prosperous days that used to be was heard in Federal district court here with the filing of a petition seeking the involuntary bankruptcy of Warren Gardiner Maxcy, of Oshkosh. He was owner of that city's wafer works system un- til the municipality bought him out, and one of the biggest financial back- ers of the L. K. Brin circuit, which built and operated a chain of new theatres in Oshko.<;h, Appleton, Fond du Lac,' Necnah-Menasha and other central Wisconsin towns. Maxcy was also head of the Bar- tola Organ- Co., which flourished mightily until organ music in thea- tres went out. It is claimed by the First Wiscon- sin National Bank of Milwaukee, the Security Bank of Oshkosh and the Farmers' Bank of Omro, Wis., that Maxcy owes them $76,836 in notes and interest, and that the securities he gave as collateral now are worth- less. Petitioners allege Maxcy com- mitted an act of bankruptcy in fail- ing to discharge liens upon his prop- erty totaling $124,545. obtained by another creditor, the First Trust Co. of Oshkosh, which had secured cir- cuit court judgments. Shutters Drop at Roach ' Hollywood, Dec. 19. Hal Roach shutters his studio Fri- day (22) for three weeks, following completion ot '1,000,000 B.C.' Next picture on the lot is an un- titled Laurel-Hardy comedy. PULLS OUT OF L.A. Union's Move to Block BiofF Extradition Sets Off Drive Against Racketeer- ing—Actors Charge Inter- ference with Due Processes of Law RE-SCALE EXTRAS Hollywood, Dec. 19. Screen Actors Guild has with- drawn from the Central Labor Coun- cil and launched a light to drive rackets and racketeers from -organ- ized labor. The break came when J W. Buzzell, council secretary, maneuvered that body into adapting a resolution asking the Chicago Federation of Labor to aid William Bioff in his fight to escape extradi- tion to Chicago to serve six months on a pandering conviction. Buzzell charged the Bioff matter was a smoke screen by the actors to hide the fact'that extras had not received a wage increase. SAG leaders scoffed at this' defense, pointing out the Guild is now pre- paring to start negotiations for 15% wage tilt and reclassification in all extra brackets. Pat Somerset, chairman of the Guild labor contact committee, gave out the following statement: 'There is ju5t one issue involved in the ^Screen Actors Guild with- drawal from the Los Angeles Cen- tral Labor Council. No extraneous matters brought into the situation can cloud the single issue of honest unionism. 'The Screen Actors Guild letter of withdrawal from ihe Central Labor Council, made public in Sacramento by the office of Governor Olson, has been sent by the Guild to all of the AFL unions in California. This was done to make clear the position of the Screen Actors Guild, that union- ism must leave no room in the ranks of labor for racketeering or rackets. It organized labor is to maintain Its position and its good name before the American public, we believe that no union or group of unions can per- mit itself to be used to defend those accused of violations of-^the general laws. In such cases, involving no (Continued on page 11) Behind-Scenes Tussle By 4 As Heads Over '1 Big Union Issue; Equity Probe Is Watched; Morgan, Thomson East Absentee Credit. Hollywood, Dec. 19. Nunnally Johnson gets screen credit as associate producer by proxy on 'I Was an Adventuress,' in production at 20th-Fox while Johnson has been in Now York on leave of absence for several weeks. He arranged all the details be- fore he left town. Newsreels Overboard On Cost to Cover Graf Spee Battleship Stuff The most expensive single-story coverage of the European war to date promises to be the job done by American newsreels on the sinking of the German pocket battleship. Admiral Graf Spee, oft Montevideo, Uruguay, Sunday (16) night. All the five reels had cameramen in es- pecially chartered planes just in case a naval battle between the Nazi battleship and the Allied fleet en- sued. This alone was expensive because the market for such transportation is costly. Furthermore, all the reels lire rushing footage to New York by plane in hopes of scoring a beat. Best flying time from Montevideo to N. Y. is 72 hours by regular plane service. Some q.t. flying to N. Y. by special plane may mean the subject can hit Broadway screens sometime today (Wednesday). Otherwise, it's tomorrow (Thursday). Incidentally, the running gun battle between the Spee and three British cruisers caught U. S. newsreel com- panies flatfooted. They depended on local cameramen for material, and as far as could be learned not a single reel has any material on the actual battle. ' All five reels rushed In cameramen when they learned that there was prospect of the Spee hav- ing to put out to sea before a week had elapsed. "Tense behind-the-scenes struggle is being fought within the Associated Actors S: Artistes of America over the 'one big union' issue. Matter was given lengthy consideration at the Equity council meeting yesterday (Tuesday) and will be the principal sulj.iect of discussion at a session of the Four A's international board this afternoon (Wednesday). Ralph ^lorgan, president of the Screen Actors Guild, and Kenneth Thomson, executive-secretary, planed in from the Coast late last week to push the 'one big union' move. They both attended yesterday's Equity council meeting to ar^uc for consolidation. Certain influential members of Equity have been more or less openly opposing the. unifica- tion program, which SAG actively favors. When it became known that Equity had moved to probe the Four A's, al- though the action is ostensibly mere- ly a 'study of Equity's relations' with the Four A's,' there was considerable speculation .about' what the legit union's real plans could be. In soma quarters it's felt that the idea is to use the information obtained from the Four A's for presentation at the Equity quarterly membership meet- ing Friday (22) at the Astor hotel, N. Y. ExpecUtion is that Philip Loeb. chairman of the investigating committee and long known as op- posed to the 'one big union' program, may try to obtain a membership vote against Four A's unification at the Friday meeting. Thomson, who Is also an Equity member, will attend the session. The Four A's board has turned over to the investicators all the data fought, but last Wednesday's inter- national board meeting, at which the request for the info was made, re- sulted In some heated exchan'^es when the Loeb committee was asked pointedly to explain the purpose of the probe. In favoring the 'one big union* idea at- this time, the Screen Actors Guild is advocating that the various branches await the report of Bernard J. Reis, Four A's accountant, who was named a one-man committee to draft a consolidation plan. Reis' re- port is due Feb. 15, but he has re- fused to indicate in any way what direction his recommendation will take—even- whether or not they'll (Continued on page 18) LAST CALL I 34th ANNIVERSARY NUMBER of To Be Published Shortly Special Exploitation Advantages USUAL ADVERTISING RATES PREVAIL Copy May Be Sent to Any Variety Office NEW YORK HOLLYWOOD CHICAGO LONDON 154 W. 4Gth St. 1708 No. Vino St 54 W. Rondolph SL 8 St Martin's PL 3d Effort to Try Nick On Extortion Charge Goes Awry in St. Louis St. Louis, Dec. 19. Third effort of the state to try John P. Nick, ousted head of lATSE, Local No. 143, on an extortion charjie growing out ot the alleged payment of $10,000 durinf! a wage hi'ddlc wi'.h exhibitors in 1936, was a (loppo l^-it week when Circuit Judge Robert L. Aaronson changed a panel of 40 jurors when he learned that pne had been-apnroached and ortered from $50 to $100 lo 'CO easy on Nick.' The veniremen, George H. Weber, nunch press operalor, told the court that several days before he was to report on the subpoena, an unknown man visited him at his home and made the proposition. I A dozen of the panel had been ex- amined when Weber sought an audi- ence with Judge Aaronson and told his story. The judge called a con- ference of all attorneys in the ca.se and dismisired the panel. On the first setting of the case a mistrial was ordered when one of the jurors talked to a slate witness after the trial had been in progress several days. The second blowup came when it was learned that a juror had concealed the fact that he was ac- quainted with the Nick fatpily when, . he was being examined on his qualifications lo serve. This juror was jugged in the city Jail for a week on a contempt charge.