Variety (Sep 1946)

PlCTVaES VTecliieeday, September 18, 1946 Unless AFL Settles Jurisdictional Scrap Anolber Studio Strike Looms ■Hollywood, Sept. 17. | Screen Actors Guild and lATSE lopper Eoy Brewer met in secret ec-'«.=ion in: an effort to arrive at a plan to keep studios open despite current jurisdictional dispute. Meet- iha followed the previous day's ap- 5AG to have the American I MoHon Picture Association in charge Of the Price Rushes Back West Tangled Hollywood labor, sitviatipn is taking Byron Price, v,p. peal by SA(5 to have the American I Federation of Labor settle oncfe and ' ca^t operations, back to' his of- lor an jurisdictional disputes with- in the ranks of the master union. Huddle between Brewer and the SAG committee, consisting of James Cagnev. Ronald Reagan and Leon Ames, culminated . with one of the conferees stating "Absolutely noth- , ins< was accomplished toward set- ; ■tling the situation. The actors are i concerned in keeping the studios open, tor it means their jobs, where- • as the carpenters and the painters, jn the event of a studio shutdown. . cm always obtain employment else- , ■where." . , Studio shutdown can be expected 81 close of this week unless either ] lA'.'SE "prexy Richard Walsl) pi: the | Carpenters' international chiej,, WiJ licm Hutcheson, back fice tonight cWedncsday) from New York. He came east about 10 days ago to attend the MPA's quarterly meeting la.st Wednesday on. Price will enter into negotiations now- going: on to avei-t a genera! studio tieup. ; : : Belies His Name Hollywood, Sept. 17. , Leo Sulkv, who started acting ■way back when GrifRth Park was a community location spot, is not a bit sulky about working at his profession. His . , latest,:: 545th, . job is a . character role in "I Wonder who's Kissing Her Now" at 20th- Fox. N. Y. Pix Cos. and 3.000 Collarites (SPG and SOPEG) Make Their Peace RKOVanipin'Ti Decree's Ready ^ doWh'fro'm i While BKO : contemplates no their present stands, although the ', change in sales policy urjtil the anti AFL executive council is slated to meet in Chicago Sept. 30. Feeling loy lATSE is that the situation should ; be settled here. It is understood IA I chiefs regard settlement by a Chi- CE'>o huddle of council as a chance for a heavy setback and therefore lA may hurl defiance at any ruling; contrary to their stand, Executive r council meeting between SAG and lA heads was the second secret ses- sion lor the actors as a group had met earlier with Joseph F. Cambiano, the Carpenters' international ^rep, and James N. Skelton, business a'ent of Carpenters' Local 946. Studios meantime have continued the policy of firing carpenters who rc.'rsed to work on alleged ''hot! se:s'' with total number of 78 car- i pcnlers discharged, However, the studios rehired some 51 carpenters 1 so the: actual total of those still out matter what happens. Of one thing trust decree becomes final, district and branch managers will continue to hold periodic meetings at more frequent intervals for close study of decision effects as they occur. First of the new series of frequent'conter- ences is being held in New York this week under direction of Robert Mochrie, domestic distribution chief. Concerning any proposed change, Mochrie had no comment when. 1 queried, holding to the position that any word given out at this point is ' premature and will remain so until ■ linal action is taken by the court. I RKO veepee said that tne only thing ! the film industry can do now is wait. I He refused to become affected by over-worry current in some portions of the industry. Says Mochrie, No remains at 27. Producers made no now statements as to their stand in the beef, but the. meeting today is expected to result in a definite state- ir.' nt o'f policy^ Basis of the latest labor trouble in the film studios is a jurisdictional dispute between the Carpenters, members of the Council of Studio i Unions, headed by Herbert Sorrell. \ and the Set Directionists, members of the lATSE, headed by Richard i Walsh, bringing back the old strug-1 , gle between .SorreU__and 3Va]sh Lhati c?used the longwinded strike, and nil its picket riots, last year. The Carpenters claim the right to construct all the sets on the film lols, demanding that the Set Erec- tionists confine their labor to erectin.g same. It is a question between con- structing and erecting. When the Carpenters refused to handle work turned out by the Set: Erectionists, a total of 46 were discharged by five major studios. They picked up their tools and went over to the National Labor Relations Board and filed charges: of unfair labor prac- tices, . • •.• Producer and labor representa- tives got together last week and wound up without an agreement. One result of the debate was the finnouncement that the major lots you can be sure, two, three, or tour years from now we will still b© selling films, exhibitors will still be buying them, and thp public will s(ill be seeing them." This week's RKO meet includes midwestern district manager, H. H. Greenblatt; eastern district boss, R. J. Folliard, and branch managers, Sam Gorelick, Chicago; Lou.Elman, Milwaukee; C. J. Dressell, Minne- apolis; Morris Lefko, Pittsburgh, and Joe Brecheen, Washington. Mono's Sales Powwows In Canada and Atlanta Follow NX, Ghi Meets Following a regional sales meeting Saturday (14), Monogram veepee Edward Morey take.s off this week to vi.5it franchise-holders in Canada Sales meet was attended by all east- ern distribution heads, topped by M R. Goldstein, and was followed by a similar huddle in Chicago, pre- sided over by L. J. Schlaifer. A third will be held Monday ::(23) in Atlanta. : ; ■ Morey's ;Ganadian meetings will cover problems raised by refusal of the Canadian government to drop werrdetemined to keep on'produc". i PJ'ce ceilings on all pictures play- Award Goldman Nearly 500G In Philly Trust Suit Philadelphia, Sept. 17^ The four-year-old battle between WlH'am Goldman and the major dis- tributors over alleged "freczout" Of his Erlanger from ftrst^run product by a "conspiracy" With the Warner Bros, chain entered its final round last Wednesday (U) when Federal Judge William H. Kirkpatrick hand- ed down a decision awarding Gold- man damages for the 14-month pe- riod embodied in the suit. Judge Kirkpatrick fixed the loss at the Er- langer from Sept. 1, 1941, to Dec. 8, 1942, at $1'25,000. Under the law; Goldman is entitled to triple dam-;, ages, which added to 6% interest ac- rued since that time would approxi- mate between $4.50,000 and $.500,000. Goldman's original suit was for $1,- ■350:000. Judge Kirkpatrick also granted Goldman "injunctive relief," which means he's now entitled to first-run product on the same basis as War- ner houses. Goldman is now expected to file a new suit against the defendants ask- ing damages of about $3,000,000 or more allegedly sustained from Dec. 8, 1942, until the present, since the Erlanger is still shuttered. In fixing the Erlanger's loss. Judge Kirkpatrick u.sed as a "yardstick," the S-W Mastbaum, one block from the Erlanger. The profit which the Erlanger would have made was based on the ratio of seating be- tween the Erlanger and the Mast- baum. The Erlanger has ISOiQ seats; the Mastbaum, 4,300. . "1 have no hesitation in making the finding," .said Judge. Kirkpatrick, 'that had the Erlanger operated in free competition during the damage period it would have made profits. "1 also think that the evidence of- fered by WiUiam. Goldman Theatres, Inc., is sufficient to enable the court to estimate the amount of probable profits with a reasonable degree of accuracy, which is all that the law requires." Defendants in the case are Warner Bros. Pictures, Warner Bros. Circuit, Management Corp., .Loew's, Inc., Paramount, RKO-Radio, 20th-Fox, Columbia, 'Vitagraph, Stanley Co. of America, Universal and tjnited Artists. Goldman still has another suit pending against the same defendants for alleged Jefu.'=al to sell first-run pictures to the Keith's and Karlton, both of which he now runs and which formerly were part of the Warner chain. Recentiyi however, Paramount has given fir.s1-run pictures to the Karl- ton. Whether this will take the heat of!: Paramount is a question that's puzzling the trade. Enterprise Calls Off Deal With Litvak on 'Coup' Hollywood, Sept. 13. Enterprise called oft its deal lor the services of Anatole Litvak as producer-director of "Coup de Grace," which the studio bought .specially for him. Studios execs explained that the deal was cancelled because Litvak declined to say when he would be .available for the job. - ATA Rounding Up Deaee Evidence 1 ' ing, regardless Of the jurisdictional trouble. Technique of the horrible example w'ill be employed chiefly by the American Theatres Assn. in its at- tempt to pry open a spot for itself as a litigant in the Government anti- trust suit. ATA intervention plea, currently in the draft stage, will cite future disastrous results of auction selling in a minimum of 25 instances; scaled from the giant national cir- cuit to the operator of one or two theatres. Each'Of the examples will join in the petition and file support- ing affidavits under the plan of strategy which Thurman Arnold, ATA mouthpiece, and officials of the theatre unit have drawn. < With the idea of securing, a cross^ section of exhibitor interests to join personally as parties to the petition, ATA national h.q. has wired regional veepees to canvas their territories for representative exhibs who will lend their names the proceeding. authorization, plus details, as to why each exhib thinks that auction-sell- ing will spell more headaches and less profits. From 4 roster supplied; by its veepeesi ATA expects to have a formidable list of petitioners whose factual gripes may swing the! three-.iudge court into a reconsidera- tion of its auction-iielling: dictate. Trio of legalites tionsisting of Arnold for .^TA, Paul Williams, Southern California Theatre Owners Assn. counsel, and John G. Jackson, attorney for the Confederacy of Southern Assns.; are working on the petition in Washington, SCTOA-and the CSA are joining with ATA as part of the latter's pitch that, only through a united plea will there be a chance of opening the way to court approved intervention. Meanwhile, it continued doubtful whether the Motion Picture Theatre Owners Assn. would accept ATA's invite for a solid front. Allied States Exhibi- tors are definitely cold to any such proposition. Peaceful termination of the nego- tiations between the two iinions covering 3,000- whitecoUarites in New York film offices and 11 picture com- panies was all but :assured Ss the:,' memberships of both unions pre- ; pared to .ratify a new industrywide agreement at their meetings tonight ■; (Wednesday). After several;:rnonths^,' J of bargaining, which at times threat-, ened to end in a walkout, riepre.sen- ■ tatives of the Screen Publicists Guild and the Screen Office & Professional ■ Employees Guild and the film com- ;• panics finally reached si satisfactory basis for settlement at their meeting last Friday,-(13).- .. : - ■■.: ■■:': :',:;'■, I Although terms of the set tlern^ht . I are being kept under ■ iiy'irips , until : ' I the union memberships okay them, i understood that the office workers are due lor substantial wage hike averaging about 15% with a reduc- tion in the work week to 371'i! hours. " Increases are being spread Pyer all categories with workers in the lower wage brackets receiving higher per- centage increases than those in the upper. Wage: increaseis will be re- troactive to the first Week in May. Contracts are due to run for Iwo years with a ^jne-year reopening clause on wages. If, after the first year, the union demands a wage; re- adjustment, the question will be sub- mitted to an impartial arbitrator. Union recognition clauses were in- ■ serted in the : contracts 'granting maintenance ot member.*ihiii for all present members of tH«i Guilds with , a ratio of three out'of eyer.y foi[»r new employees who ttiu.st jpin the unions. In an effort to permanently har- monize relationships between the guilds arid the companies, the con- tract provides for the establi.'^hment nd affidavits to I of an industry panel composed of Wires request 1 ""^^P ^^'^^ company with power to pass on all disputes except those arising from promotioiis, merit increases and discharges. The board will also give final decision on the layoff clause in the new contract which has been disputed by the unions. Companies involved in the con-- tract are Paramoiint, RKO, 2pth- ; Fox, Metro, Columbia. National Screen Service, United Artists, fte- ptiblic, and in the case of the SPG, Warners and Univer«aJv ;:- No Special UN Int'I Film Theatre in N.Y. Selznick and Goldwyn May Jam Over N.Y.Astor GOLDWYN PRODUCTIONS, ^ STUDIOS NOT THE SAME ' : Hollywood, Sept. 17. , Difl'erence between Samuel Gold- wyn Productions and Samuel Gold- ^vyn Studios was disclosed at the National Labor Relation's Board hearing wirere Marvin A. Ezzell, an . official of both companies, declared they were in no way connected. Ezzell asserted Samuel Goldwyn P. ''uctions was wrongly ■ charged v/'.'.h unfair labor practices, along with nine other companies. It merely makes pictures at the Sam- uel Goldwyn Studios. KUGGLES CUTS 'TOWN' In order to assure himself that "London Town" is edited to the tem- per of American audiences,- producer Wesley Ruggles sneak-previewed the British-made film in and around New Yorlc three times last week. He tried G different version each time. :PiGture originally ran 128 minutes, ,i,ng in that country. According to I the Monogram exec, they have been i attempting to get price regulations altered for some time -with no suc- cess. Currently, the Canadian laws egulate the number of films: Irorn each company which can be played on a percentage basis, going largely on precedent. If a company had five films a year playing on per- centage before the war, under principle of the Canadian law, that's all they'll be allowed now.' If at- tempts to influence .somewhat the changing.of the overall picture fail, Morey hopes to persuade price offi- cials to allow Mono to up its quota of percentage pix; Domestically, sales meets so:- far have been surprisingly routine, with little comment on the ahti-trust de- cision. Sale.'! heads have been in- clined to stick to the business at hand, where Mono is concerned, since the company was not named in- the original suit and won't be af- fected until the decree becomes final, Pix: sales toppers are currently concerned with the company's new: "March of Progress" drive to be con- ducted from Oct. 12 to Dec. 28. Ob- ject of the drive will be liquidation of 1945-46 accounts and .setting up Miskinis' Det. $1,200,000 Suit Vs. UD and Majors Detroit, Sept. 17 Suit seeking $1,200,000 in treble damages was filed against major mo- tion picture distributors and oper- ators in the U. S, District Court here by Joseph Miskinis and his son, Joe, Jr., owners of the Civic theatre, Suit charges the United Detroit Theatres Corp. and major film producers have combined to prevent the Civic from obtaining 'first class film.'j in the same district with theatres owned by United Detroit. ..Miskinis also sought an in.iunction; to end the alleged conspiracy and to force tlie distributors to agree to furnish him feature films. Co-de- fendants in the suit are United De- troit Corp., the Vogue, Harper, Alger and Flamingo theatres, all owned by United, and Paramount, RRO-Radio,. Warner Bros, 20th-Fox, Columbia, Universal, UA and Loew's. Scramble between pawd O. .^elz- nick and; Samuel Goldwyn fo^ use of the Astor theatre^ N. Y., appears inevitable^ since both producer-!— they share use of the houses—will have top pictures ready to go in in December. Selznick will have "Duel in the Sun" and Goldwyn "The Best Years of Our Lives." No decision has been reached yet on who will get the house, but it appears inevitable that either one will have to seek another piitlet if i he doesn't w^nt to hold up New • • iL f or' interminably. Gold- AS m the LaSe OI or [ wyn.wiU also have to have anaddi- I tional showcase for the next Danny i Kaye picture, "Secret Life of Waller Mitty," which ; is- likewise finished shooting. Immediate future of (he theatre depends on how, well the current occupant, "Caesar and Cleopatra,"' Plan for setting up an special United Nations international fi)m theatre in New York during the meeting of the General Assembly, starting next month, have been abandoned. In.stead, ^ean Benoit- Levy, head of the UN films section. planning a .special exhibition for 1 ^^o'^s uP- I* is in on the .same $17 but'as fin&lly relea.sed bv Universal i ot sale.s channels for the next year's JANE GREER STARRED Hollywood. Sept. 17. Jane Greer becomes a star on the RKO roster with the top.femme role in "Build My Gallows High." . Warren Duff produces, under gen- eral supei'vision of Robert Sparjc,-!, delegates to the Assembly .of Win ning pictures in the international film competition in Cannes, Frances, later this month. It had been aimed originally to re- peat in New York the establishment of a special theatre for the dele- gates, as was done at previous meet^ ings ■ in San Francisco and London, However, iti was decided that with ■Manhattan being the amusement capital of the world, there would hardly be any necessity to provide additional divertissement. Also, the- atre .scheme was considered 'imprac- tical inasmuch as delegates would be scattered between Manhattan, Flush- ing and I.jake Success and there could be no location that would be sufficiently convenient to all. Benoit-Levy now plans to show ,lhe best shorts, features, newsreelS) documentaries, etc., as chosen by the judges from the output of the world in the Cannes exposition. New York engagement will either be a one- shot or very limited, perhaps a $5 a head all'air with proceeds going to an international charity.. 500 holdover figure that applies to Selznick and Goldwyn product in the Maurice Maurer house. Pie did $52,000 in second week, ju.st con- cluded, As.sembly is presently .slated i to)liAbbott-Kimball'-ad -asenKy Reynolds 'WUdcatter' Contract has .Ween sijSned by Quentin Reynolds with 20th-Fox to do a screen treatment based on the- activities of Wildcat Enterprises, Inc., group of 28 PT boat officers organized in the Pacific during tlie war to "make only such investments as would give pau.se to a prudent man." Their first buy was a trotting horse and they are now engaged in purchase of a saloon onThird ave- nue, N. Y. Under the deal with 20th: R'*.V- nolds receives $12,500 as payment for the treatment, which must be com- pleted before Nov. 1. If the com- pany okays the treatment, the i-oin is to be applied against $50,000 which Reynolds is to get for doing a com- plete story. Writer shares the irimit-y equally with Wildcat Enterprii^e.s, - - regrc*