Variety (Jun 1929)

50 variety; L E GITIM A T E Wednesday, June S, 1929 EQUI1Y MINIMUM CONTRAer ■ •■ (Coit'tlnued' from pa-ge'6> • ' " • ' •■ before or after the flat© iSpaoined .in .the first blu'nlc of 3 (a), then the aate when such worjt bQglna shall replnoe-the date- lnsortod in said blank, and thla contract throughout shall be -construed'acbordingly. ■" ■ Equity SK6p' ' 4. The Producer admits that he has notice that the Actor is a member Of the ACTORS' EC^UITT ASSOpiATiON (hereinafter called "BQUITT"); and as such Is. bound to conforija t^o Its lawful rules fend icegulatlons, and that It Is a lawful rule and regulation of the Association that, as far as the Producer herein Is concerned, tlie Actor Is to worlt only in companies operated by the Producer: — (a) When all members of said company or of any company or com- panles controlled or operated by the Producer herein, who speak a line or do work on the stage, set or location of an Individual char- acter or nature, are members of Equity In good standing, and con- tinue to be such during the term hereof; and (b) When the Producer has fully performed-and is fully perform- ing the covenants In.ealch employment contract • with each Equity actor In each of his companies'; ' . (c) And the Producer further agrees .tlmt the Actor shall not be required to work hereunder In vlblatjton-of said rule or other lawful.rule of said Association, and that,t6 the Sull-. extent to .which this agreement is lawful, all actors In the company ih which the Actor.is employed-shall be and shall continue to be throughout the term hereof, members of EQUITY, except such actors as are nqw undo;; existing bona- flde con- tracts entered into With the PrCducer prior to jhe, fifth day of JIine, 1929, whose term of employment shall extend beyond the 'Starting date, It being understood that In case Equity Is duly' notified of saliji contracts the Actor hereln -may work'ln a'caflt In •nrhlch such contracting actors are employed, ;durlng the unexplrsa term'of their cbnttact or "contracts. (d) A palftrup <!a^d shall,bi9,.p^lnja facie itrVldehce of fiqiilty Member- ship, good until the jprdducer lp.ANtherwIse notified by Equity. ' ^ ■ - . .'Dutiesi'of jth'e'Acto'i' ;'' '. 5. The Actor agrees t6"be jii-'didpt'tn'appearing, tor'work as required by the Producer; to'perform hlS'serVlpes herein la.a conscjentjous and painstaking manner ;.ito abide-by-'the:'reausofiable"stMlo rules aiid regula- Uons of the Producer,'Whtch rtrtea to .he,finding on tlje Actor must be duly posted. In conspicuous <places and ,.prevlpusly..a°ppEayed by . EQUITY, and the Actor further expressly agf-ees during, the term ■ hereof hot to render services to any other'person, flrm or cofpor^tJon unless otherwise agreed In writing. " Us« of ActdK* Name and P,i.qtur« ,fpr,.Pub,lic!ty 6. The Actor agrees tha;t th!e Ptodiieer shall have the right to use and give publicity to his na)ne find 'itkei^esa;. photographic-or otherwise,-but in connecUon solely with thei ■'distribution and exploitation of the picture hereinbefore mentioned, and-to- atithorlze::distributors and exhibitors so to do. ' ■ ! ■■ • ' Voice Substltuttan Requires ActoKs^ens«nt 7. The Producer will not Us©, or petrmlt't6 't>e used, 6i'hy alien or substi- tute voice for that of the Acto>i* heteln, m the recbrdtttioh-'of "the oaid Actor's part in sald^lcture;'-Except with the Actor^s .written consent Indorsed hereon. -' ■•■• ' • ' • 1 8. All notices hereunder by either party shall'be given in person or by mailing the same to the above'bpecifled reispetitivj^ addresses.' Dang«>rou8'. .Work '9. The Actor does not. contract.hereby to undertake employment of a hazardous pr dangerous nattipe'nnle^r.he^ otherwise speeifloally consents ^ In'writing hereon. . 10. Any and all disputes ^nd/or corttroveYsies-arlslhg aihder or out of or in connection with or relating^ to or'-.regarding an felteged' breach' of this agreement'(including any'dispute and/or controversy as to tiie meaning or construmiph of thfs 'ilgrtettBrtt' ot' any tfsCrt^'hereof) shall'be' settled • and/or • determined, by ■aifl)itrattOrt='undei: the rules' of the' American Arbitration Assotrfatlph, a'id fc' fejUy Isttltie whete it may legafly be done, judgihent undn"einy .^ward tenderedi ihay he Entered' IW any'court. State or Federal. (See Bnle Ql), ." , \ 11. If It Bhalt at fehy ■tliiiie,,apppar t^at any v&ti, clause'(ir Bubdivlslon of . this agreement or Q'|:sald rules; id^nvaltd;'Illegal.dp uneiiforcable by either oi* both of th© ■pttrtlei'd; Such liivttlldlt!jr;'"illiSgalI:tjf or une'htorciblllty shall apply only 'tp such paxt|,.c'lau^4'.pr s^b'dl'r^lMon,'(iiid th^'renialnder of this contract shall-be'.'in iCull :forde a)id :effect, and shall be construed aa a whole. .■',■■' ■'' 12. This a^r^emeni shall "be .suhjdct' 'to,' be construed "by, and ail the rights of the parties hier^eto shall be Id6tcirttined t>y the Taws of the State of New York.. , . . l "''' m '^Vl'TNESS -WpEREOF" the: pfirtle^ hereto have hereunto signed their names the day. and year.fl^^t abovis'^rltteji... Producer Actor Extension of; Employment A. The Producer agrrees at Jea'et sevehty-twb.hours before .the end of the guaranteed period hereinbefore set forth in clause 3 (b) to give the Actor written notice of the length of t'liqe bis 'services shall or will be further required beyond said j^uferanteed 'pe'rlod, and which In no event shall he beyond the term hereof asi'mentloned In paragraph 3 (a), and upon falling 80 to do the term of the eniitloytnent of the- aforesaid Actor shall terminate at'th© end. of the gularanteed ©ipployment liereln. Suspension of Production ^ B>-If the production of said.picture be prevented, suspended, or post poned (hereinafter called "Suspens^n" or "Postponement") during the course of production:-— i ' ' '~ (1) by reason of fire, ac{:ldent, rlbt, act of';(j)o>d, tlie fitibllc eneniy., or government executive order...(hereinafter calied (!fause''AA)' no salary shall be paid, the Actor for .th© first iweek of stlch suspension. (2) by reason of Illness of any otjher member of-the cast (except the Actor) or of the director (heceiixpiftec-caUed,Qi.u8e,BB).full salary..shall be. paid the.Actor for the fljjBt w.e©k pfC ,sjicVsu^peneion2 '; ' . (3) During saji.d first, week > of. suspen8'(on"'for dauses and BB, the' producer shall notify the Actor In writing whether he will abandon the production 'or further postpone It. ' - Abandonment-of .^foduoiioit (4) In the event of abandonment |(1) for .cause'AA, Uie'lPr6ducer shall pay the Actor all amounts due to'^ate, plus diie-hdlf df 'any halaiibe, but not to exceed one week's salary, due under the minimum guaranty-; - (2) for cause BB the Producer shall pay the Actor' for all services to date, plus one-half of any balance due on the minimum guaranty. Salary During-Suspension - (6) If said production Is postponed for either causes AA or BB, the Producer shall pay the Actor one-half salary for each week of postpone ment (after said first week) for a period not to exceed five weeks, and thereafter full salary. No postponement shall be for a period which would extend the term of this contract beyond the end of the term hereof as St forth in paragraph 3 (a). Salary If Production Is Abandoned . (6) The Producer naay terminate this contract at any time during* post ponemeht on account of Cause BB by paying the Actor all'sums due to —date.jatJtfinislnatlon and_'in addition one-half the balance, if any, of the minimum guaranty'W'sef1f51TO'*iiri5arngra'plr 3BrTvhlch"s one week's pay» iunless the guaranteed' period shall terminate prior to one week;-then the-additional payment shall equal the amount of the unpaid balance of the guaranty. The Producer ihay terminate this contract at any time during post poneinent for Cause AA by paying-the'Actor all sums due to date of termination, but for his. total sek-vicfes hereunder the Actor must In thot event, Artd In any case, receive or have received at least one week'9 salary. ■ : : Illness of 'Actor (7) If the Actor Is sick and unable to perform, .lien he shall receive : no 6aiary-for-th© time so lost If the Actor.remains sick and unable to render servieeis for one continuous weeR- nft^r being called upon so to do liy the Producer, then it shall be .optlonhl with the Producer to cancel this contract Equity, in its discretion, may shorten this term e,nd shall have the right to have a physical -'e|xamlnatIon made of th©:' |Actbr by a doctor appointed-hy.-it, - ■ ; Retakes ei< "Trailers" " ' ' C. :.If after-thq.exptcatlon ^Qf ithe.term hereof the Producer shall desire the services, of /ttiet Actor in,,making retakes or "trailers" of or for the picture ih which the Actor, ia. employed, the Actor agrees to render such services Ih 'cohhectiori th'drewith as and when the Producer may request unless the'Actor'Is otherwise 6'ihployed, but it'otherwise employed, the Actor 8ha3l iid far' aa''practicable-co-operate In good faith in the photo- graphing iand/or voice recoi^datlon of such retakes or "traileru,"- Service in connection .with said retakes or "tralle.ra'.'-shall ..be at 'the sajme' rate. of compensation and upon the same terms as'provided for herein,' said- compensation to be paid only for the days on which the Actor is actually so;.emp)oye(^ liicludlng travel time as Tiereln provided, except that the Actor "shall receive a minimum of eight hours of pay for each, day on' which he is called for retakes, or ."trailers," with time and one-half-fdr overtime. Should, however, the Producer dismiss the Actor and later recall him for the taking of alleged retakes which are in reality added' scenes, postponed sequences or scenes which should have. be©n taken lii their sequential order, he shall pay to the Actor as compensation iat' the rate of three tlm.es his weekly salary (plus overtime allowances) provided for in this agreement or pro rata, and payment shall be continuous from the time he begins work until said work Is finished, D. If the Actor, Clothes (1) -b© a man, he shall furnish and pay for his conventional tiaoriiing, afternoon and evening clothes, customarily worn by civilians .of the:Pr,es- ent.day.ln .this count^ry, together with footwear necessarily appurteiiant thereto. . All .other .footwear, costumes, wigs, clothes, appurtenances and 'Iproii'erties,"-including those peculiar to any trade, occupatlon-dr sport, to bo furnished by the Producer. (2) be a woman, all wigs, gowns, hats, footwear, and all "properties" shall be furnished by the Producer. .Loss or Damage to Wardrob© (3) Loss, theft or ddiliage to personal wardrobe, etc., ahpve specified in D;(l).a^slng durlns the course of employment of the Actor herein,' or through.lack pf.,due care on the part of the Producer, shall be paid for by the Producer', to the Actor. .Termination of Contract Prior to Starting Date £. Tiie Producer may terminate this contract prior to perfdrn^anc'e by .the Actor by "written notice given at least fourteen days prior to date stated in 3> (ti)' 'by simultaneously with the giving of said notice paying to the Actor full salary for one-half the guaranteed period, which snail .be at letist one full week's salary. Claimi .Must Be Reported.to Equity. . F. In order that all producers shall stand on an equal footing, the'Actor. Is obligated under Equity rules to report to Equity any failure to', pbserve any of its.rules or to report any claim, grievance or dispute arising here- under, and 'to file a statement thereof with Equity within four Weeks-of the final termination of his employment hereunder, unless Equity other- wise' directs. The consent of Equity shall be necessary to the prosecu- tion or arbitration Of any -such claim, grievance or dispute. Forty-eight Hour* Basic Week O. Forty-eight hours work, rendered on week days, shall constitute a week's work and, except as herein provided, one forty-eighth of the Actor's weekly salary shall be paid tor each hour of overage. A wfe.ek's work shall 'be paid for even though forty-eight hours work is 'not pro- vided. I Sunday, work la obligatory only where lawful. All ^computations are to be made on a calendar wee.k basis, i. e., Sunday midnight to Satur- day 'midnight inclusive. If the Actor Is called to work ou any -day he shall be entitled to a minimum credit of four hours even though he works a leaser number or not at all. '~ ' ^ Computation of Hours 'Working hours shall be computed as follows: At Studio (1) AT THE STUDIO, between the time when the Actor Is required to report and/or .Vmade. up" in accordance - with notice from the Producer, and'liis final dismissal for the day. On Studio Location (3) ON STUDIO IiOCAT?I0N (operating with the studio as; a dally base)i'between tlie time the Actor is notified that he shall be ready-to leave the STUDIO for LOCATION, and the time of his return .by-.-the Producer to the- STUDIO. The Producer agrees to furnish suitable trans-, portatlon-facilities to-and ftom LOCATION and STUDIO, also meals. In case the Actor uses transportation facilities other than-that'provided by the Producer, the time is to be computed according tv the time:the Company is .called at'the STUDIO for departure and the time of the return of th© Company and/or the studio car to the STUDIO.: On Resfdent Location (3) <^N RESIDENT LOCATION (operating where the studio is-not a daily base and/or place of operation Is-other than place of employment). X.'iaji 'Between the time the A6tor is required to be transported and his arrival <kt th© towh/or place of resident LOCATION; and (Sb) After arrival at resident LOCATION, between the time the Actor is ndtifled to be re«idy to leave his hotel or lodgings and the time of 'his return to said hotel or lodgings. Producer shall furnish Actor transpor- tation from.place of employment and return. Including baggage;- also parlor car and/or berth wherever practical. En Route—Transportation—Accommodations—Meals (8c) On continuous trips of twenty-four hours or over, twentjr-four hours travel shall be construed the same as eight hours work, including. Sundays, and more than twenty-four hours travel shall be pro. rated accordingly. (3'd) The Producer shall furnish suitable transportation facilities .tp,.Ura frodi resident location and Actor's hotel or lodgings; also hotel acconk'n^O" datlons and meals; also transportation to and from work, with meals. (3e) Between time of leaving resident location and arrival at place ^ employment Working Hours Continuous H, Working hours shall be computed on a continuous hourly basis, e:f:cept that a credit of one hour for each meal shall be given the Pro- ducer when the Actor does not work during said hour or any part thereof. Credit for Unused Time I. Should the Producer notify the Actor not later than 12 o'clock mid- night that bis services will not be required on the following day or days, then for such day or days that the Actor's services are not rso -ce^qulred, the Producer shall be entitled to a credit of eight hours dally as- against any overtime of the Actor during that calendar week, but not;ft>r<any subsequent week.. An Actor not definitely called for any given day is not required to hold hlmbelf on call beyond noon on that day. Overtime '-- J. All working time beyond twelve hours and work performed between midnight and 7 a. m. and on Sunday Is overtime and is to > be-paid.-for at the rate of :tlme and a ha|f for each hour or-fraction therepf. Sunday is hot td be .construed as part of the forty-eight hour week, and -the-mlni ihum'payhient for any Sunday work shall be eight hours i)ay. If "the Actor shall be required to work after midnight the Producer'shall return him to his home or lodgings. ' Salary Payable Weekly K. Salaries are payable weekly and not later than the Wednesday following the calendar week, for which they are paid. If at the beginning or. end Of this employment there shall be a split week the Actor shall be paid pro rata according to the terms hereof. ' Equity Consent Required for Changes • L. No changes, elimination or alterations In this contract shall be bind ing unless consented to in writing by Equity and Indorsed hereon. Equity Representatives M The Producer hereby agrees that any duly authorized representative of Equity holding proper credentials shall have access to any studio set or location. _ . ^, . ■ j ^ Casts and Changes Furnished Equity N The Producer agrees to furnish EQUITY with oi, complete list of the cast in each company prior to the commencement of production, or in the event the Actor is placed under'contract after production la. under way then to forward his name to Equity prior td the ActCt's starting date'...:ShouldtheProducer fall to carry out his agreement in this clause the Actor, Equity ©oiSenl'Ingrifflny~cancel--thIs-agreement-without-notlce and/or ''^''^gp'^jgui^j j|„j Characteristics Leased for Picture O The Actor grahts unto the Producer the right to use any specialty, gluiit or specially built up characterlzatlPn, or mannerism, as Introduced In the picture by the Actor, but only In the picture In question, and the Actor reserves the right to said stunt, eccentricity,'characterization or monnerlsm for his exclusive use otherwise, and the Actor's right to use sume In the future is hereby declared not abandoned. Equity Membership p' The Actor; agrees, that he is now and will at all times during .the ' (Continued oh page 55)- ^^QIIITY^HOP'!: NOW ° (-Cbnttnued ftro'th'page 5) ^ - llshmeqt of a ; 48-hour working W.^ek.. ■■ It' -18 clatn\ed • tji.at players Ini tal&ers'.'lidv© been compelled to work in the studio from 18 to 20 hours a day. Equity; states the new contract and riit'es are also a protection for legitimate play producers against actors jumping contracts for stag© engagements. As one official put it: "Some actors have gone off their nut over the salary offers made by the picture bunch." While the'new system Is expected to pre- vent the raiding, of the legit stage by the film people, it Is believed to be a protection for the latter too. TJjie Equity Shop rules will exer- cise the same control in the matted pf resp'ectlhg contracts. There Is a c'hEince that Equity will be beaten ill' its newsstand, but If it wins, vio- lators of contracts, either picture or legit, will have hard sledding. "Vio- lators, would face the loss of mem- bership ' .or indefinite suspension which means they would not be pprthltted to appear on the legiti- mate sta^e,. That is probably the most' drastic indicated threat yet made, by''Equity. The ' reibiutlon tbvering the Equity: Sthop principle in talking pictures' a,nd the formation df the' new 'minimum standard cb'htrabt, wais ' adapted by Equity's' Councl.l after cphsldering the problem for Six .months. It -was stated that ac- tors bn the coast have not been treated falrly and conditions of their contracts not obser%'ed. ^h© actora di-'l-not openly complain for fear of hurting their chances In future pic- tures, it Is alleged by the Equity people. " Fulfllltn'g Contracts It Is set forth in the contract that contracts entered into prior to -Jun© S, 1929, shall not b© disturbed, that Is actors under contract for talk- ers miist piay out th© term of th© agreement whether the casts ara all-Equity or npt,. but thereafter they mu^t coplTprm to the rules. .. -0.ne.-pt i^i liew'fiilep.Js. that tbj) producer miiet.Jiot .use « substitute vole© for that of the i^ptd'r- for re» cording of th© actor's part, except with • the actor's written', consent. The Imlnlm'uil) em^loyiihe^t: for talk-' era ,s)iall ;he.'.one. "week, If the en- gagement.!^ to ext©nd beyond the period; contracted tot ■ tl(© . producer Is to serve -notice at leMt 72 hours before-'the-. end of the- guaranteed period. Iif^bases of abandonment of a. picture, all 'Salsi'rles'due are to b© paid..'plus one-half of tiny balance; biit 'not to exceed bn© week's salr ary. There ar© 8©parat© clauses cov- ering (^uses of- abandpnment and pbilg^tlbn to actors. In the matter of 9.uspendlng or postponing pro* ductlon-,- the actor is to receive o«e« halt salary after the first week for five weeks and full salary there- after.' A 'major difference In. working hpni^ between talkers and the legit Is. set forth by the new contract wlMoh rules that "all rehearsals Shan be construed as work," A 'week's work is defined: Torty^el^t bourb' work, render- ed on-'week days, shall constitute a week's work and except as herela provided one forty-eighth of the ac- tor's weekly salary shall be paid for each hour or average. A week's work shall'be paid for. although forty- el.ght..hdurs is not provided. Sunday work is obilgatdry only where law- ful, . - All computations are to be made on a.calendar week basis, I. e. Sunday midnight to Saturday mid- night inclusive. If an actor Is call- ed to work on any day he shall b© entitled. to a minimum credit of four h'o.iirs ,even though he works a lesser. number or not ^t all." Working hours and other conditions ate . set forth as detailed in this issue. A general - letter mailed to Equity members Tuesday set forth the as- sociation's stand In the talking pic- ture, field and warning members against taking engagements In talkers unless the entire ceists are all-Equity.' The- lettisr: . Letter to Members June 4, 1929. D©ar, Fellow Member: .'While moving pictures were silent there .was no Immediate necessity for tis to Institute Eiqulty Shop in the studios, but now they rival the speaking stage and hundreds of our ureinbcrff'^^ho—have—always~beea— considered players in the legitimate theatre have gone Into them. Now these last mentioned are uniting with the older screen players in demanding fair and. standardized conditions. After careful investigation w© find that the producers are at tlmea demanding unconscionable hours (Continued on page SS)