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PONDERS TAFT-HARTLEY WAL

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FILM INDUSTRY <strong>PONDERS</strong> EFFECT<br />

OF <strong>TAFT</strong>-<strong>HARTLEY</strong> LABOR ACT<br />

Law Has An Immediate<br />

Effect on the Current<br />

Strike in Studios<br />

There is every indication that the Taft-<br />

Hartley labor act. passed by Congress over<br />

President Tiuman's veto this week, will<br />

have widespread repercussions throughout<br />

the motion picture business.<br />

Within 60 days, when most of the specific<br />

provisions of the act go into effect,<br />

the labor relations in the studios, at the<br />

home offices, and in exhibition across th-;<br />

country will undergo their most drastic<br />

change since the Wagner labor act went<br />

into effect a dozen years ago.<br />

UPPER HAND TO PRODUCERS<br />

Its immediate effect is to give producers<br />

a strong upper hand in dealing with studio<br />

unions which have been involved in a jurisdictional<br />

dispute for many months. The new<br />

law. in unequivocal language, makes the<br />

Jurisdictional strike an illegal act. Here the<br />

law is expected to accomplish what almost a<br />

year of continuous negotiations between<br />

unions and producers and conciliators has<br />

failed to do.<br />

The new law prohibits "featherbeddmg,"<br />

eliminates the closed shop, forces unions to<br />

bargain collectively with employers, makes<br />

unions liable for damage suits in jiurisdictional<br />

strikes and for breach of contract,<br />

permits the government to obtain injunctions<br />

again.st unions to stall off a strike for 80<br />

days, and contains a number of other provisions<br />

that will have an effect in employeremploye<br />

relations in the film industry.<br />

There were no immediate comments from<br />

either the film companies or the unions, except<br />

that there was every indication that<br />

interpretations of the law will be many, that<br />

most of them will wind up in the courts for<br />

decision. Various labor leaders, although<br />

none in the motion picture mdustry itself,<br />

already have indicated a desire to test the<br />

provisions in the courts. The year promises<br />

to be one of legal maneuverings in the field<br />

of labor law.<br />

AFFECTS 17 STUDIO UNIONS<br />

The clo.sed shop provision of the law will<br />

affect 17 of the 40 unions m the studios, and<br />

many others in distribution and exhibition.<br />

All contracts which existed on June 23, when<br />

the Taft-Hartley bill became law, continue<br />

until they expire. For 60 days after June 23,<br />

It is permissible to sign clo.sed shop agreements,<br />

but for no longer than one year.<br />

When the 60-dny period is up. no new contracts<br />

with this provision may be signed,<br />

nor may old ones be renewed. All lATSE<br />

projectionists, for Instance, who now hold<br />

closed shop agreements with exhibitors will<br />

not be able to retain this provision after<br />

present contracts are up.<br />

The new law also presents the problem of<br />

Industrywide contractual negotiations, which<br />

have been a pattern In many levels of the<br />

motion picture business. Under the act. a<br />

union may not force an employer to bargain<br />

through an Industrj'wlde a.ssociatlon of employers<br />

If he prefers to bargain by himself.<br />

It probably Is permissible, but cannot be<br />

mandatory.<br />

This happens to be an Immediate problem<br />

facing the American Guild of Variety Art-<br />

Provisions Directly<br />

Affecting Industry<br />

Unions cannot bargain for foremen or<br />

supervisors. This may prevent theatre<br />

managers and other key supervisory employes<br />

from forming unions to bargain<br />

with e.vhibitors.<br />

Unions cannot force an employer to<br />

pay for services not performed. This is<br />

aimed at "featherbedding." It is expected<br />

to strike at such industry practices<br />

as standby orchestras, standby stagehands,<br />

etc.<br />

Jurisdictional strikes are illegal. A<br />

union cannot strike or boycott to force<br />

an employer to assign work to one union<br />

instead of another. This will affect the<br />

current Hollywood studio strike.<br />

Unions are prohibited from restraining<br />

or coercing an employer in his choice of a<br />

union with which to deaL In effect, this<br />

means that a union cannot strike to force<br />

a company to bargain through an industrywide<br />

association of employers instead<br />

of bargaining by himself. This restriction<br />

may affect industrywide contracts<br />

with such groups as the Screen<br />

Actors Guild, Screen Extras Guild, Screen<br />

Publicists, etc., and the studio crafts.<br />

Closed shop clauses will not be permitted<br />

in new contracts. Of the 40 unions<br />

at the studios, 17 have closed shop provisions<br />

in their contracts. This provision<br />

also will concern many of the I.ATSE<br />

contracts now in force throughout the<br />

industry.<br />

Union shop provisions, i. e„ workers<br />

must join the union within a specified<br />

period after being employed, may be<br />

included in contracts only if a majority<br />

of the emplo.ves vote for a union shop<br />

in an NLRB election.<br />

Damage suits may be filed against<br />

unions for breach of contract, jurisdictional<br />

strikes and boycotts. This is a provision<br />

which would allow studios to sue<br />

for damages in the event production was<br />

disrupted in a labor situation as currently<br />

exists on the west coast.<br />

Employes holding executive posts in<br />

unions .seekins recognition must file<br />

affidavits disclaiming membership in the<br />

Communist party or any group favoring<br />

overthrow of the government by force.<br />

Ists, known as AGVA. Matt Shelvey, national<br />

administrative director of the organization,<br />

said that the law may affect pending<br />

contracts covering 20 presentation houses<br />

operated by RKO, Warners, Paramount and<br />

Loew's. Pacts were agreed upon several<br />

months ago, but actual signing was delayed<br />

pending outcome of the Taft-Hartley bill.<br />

Shelvey said the union's lawyers will meet<br />

with circuit lawyers to determine whether the<br />

law prohibits a single contract for several<br />

circuits operating interstate. The union is<br />

prepared to negotiate separate agreements<br />

for each presentation theatre If the decision<br />

Is that clrcultwlde pacts are Illegal.<br />

Unions which will be hard hit by the closed<br />

shop provisions are the lATSE, Associated<br />

Actors and Artistes of America (AAAA), and<br />

' 1;<br />

the American Federation of Labor Th<br />

overwhelming majority of these unions a'<br />

of the closed shop variety and the remamd<br />

are union shop.<br />

,<br />

Along the home office front, officers or<br />

United Office and Professional Workers<br />

America iCIOt, and its locals, the Sere.<br />

Publicists Guild, and the Screen Office ai<br />

Professional Employes Guild already ha<br />

held meetings in New York to discuss pli<br />

to fight for repeal of the law. and to jo'<br />

with other unions in seeking defeat of co<br />

gressmen who supported the veto. The la<br />

however, says unions cannot spend mon<br />

or make contributions for political car<br />

paigns and one of the points of strateg)-<br />

be discussed is how to provide labor n<br />

financing for its campaign.<br />

NEW COAST DEVELOPMENT<br />

Meanwhile, on the west coast, there wii<br />

second development on the week's lal<br />

front. It concerned the brief probe cc<br />

ducted in Hollywood by representatives<br />

the House labor committee, Congressir,<br />

Carroll D. Kearns and Congressman Irv<br />

McCann. Following their shortlived inu.<br />

gation, the pair returned to Washim:-<br />

promising to return within a month to :<br />

ther propose the possibilities of racketet:<br />

within film capital labor circles and metr.<br />

Whether the enactment of the Taft-Har<br />

bill will make such further probing nece.v<br />

is still to be determined.<br />

While on the coast, the congressmen he<br />

testimony from Pat Casey, retiring ;a<br />

chief for producers: I. E. Chadwick. pr^<br />

dent of the Independent Motion Picture P<br />

ducers Ass'n; Ray Young. Eagle-Uon 1* i<br />

head: Fred Steele. Monogram's studio m* I<br />

ager: Edward Nassour, owner of the Nas*(<br />

studio: Chris Beute, studio manager, h^<br />

tion Picture Center: and Herman Dt<br />

stein. Pine-Thomas business manager.;<br />

Featherbedding Is Out<br />

In New Ohio Labor Act<br />

j<br />

COLUMBUS—Featherbedding practice*<br />

theatres, such as standby orchestras a'l<br />

extra stagehands, will be prohibited ua"<br />

terms of the Van Aken labor bill passed.'<br />

the Ohio legislature and awaiting OoTeri<br />

Herbert's signature. Strikes in support) j<br />

such practices are specifically forbidden. 1<br />

"Any strike to compel an employer to<br />

money for services not performed or to f* ,|<br />

employment of any person or persons not<br />

quired, or to use material or equipment,<br />

required by the employer," is forblddec^<br />

this language.<br />

Unfair labor practices of both emplft<br />

j<br />

and employes are defined In the bill, i<br />

|<br />

ployers are forbidden to interfere Inu<br />

organization, to use the "yellow dog"<br />

tract, to fire workers for filing charges it<br />

the act and to refuse to bargain collect<br />

with union representatives. Employes<br />

forbidden to use violence in picketlnf<br />

engage in illegal picketing: to partld<br />

in sympathy, jurisdictional or sitdownst,<br />

or secondary boycotts: to strike in suppo<br />

featherbedding practices, or to strike to<br />

pel employers to recognize a represent,<br />

not chosen by a majority of the workers<br />

Unions may be sued for injurj' caust<br />

"person or property" by such illegal st<br />

Fines may be levied against imlons If<br />

are found guilty under terms of the i><br />

8 BOXOFFICE :<br />

: June M.

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