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I think it was on a Thursday Mr. MacQuarrie said, "I think we are going to have a little trouble on Tuesday," or Sunday, I don't know which. It was the end of the week.

I said, "Let me know what is going to happen, because we are involved."

I didn't hear anything. As I remember, I called Mr. MacQuarrie and he said, "I just don't know what is going to happen. We will let you know."

I didn't hear any more about it at that time.

Mr. MCCANN. He made no request for your group to go out with him?

Miss BALE. No; he did not. In fact, I asked Mr. MacQuarrie. He said no, he didn't think that was necessary.

Mr. MCCANN. You asked him whether he wanted your group to go out?

Miss BALE. Yes; we discussed it over the phone.

Mr. McCANN. He said he didn't think it was necessary?

Miss BALE. That is right.

Mr. MCCANN. So your group on the night in question continued on the job and performed on May 26?

Miss BALE. Yes. I called our national director in New York City. I was very disturbed about the situation, because we have quite a pay roll at the Earl Carroll Theater, and I was very disturbed about the situation, because we have signed contracts. We have a house contract with Mr. Carroll and individual contracts on each member that works there all on file, and we are liable for those contracts. So I was a little disturbed about the situation. I didn't know what was going to happen and, naturally, if all the crafts were called together and agreed upon the matter, that it be pulled, then we would be obligated to the AFL.

So I called Mr. Shelby in New York and spoke with him about the matter, and he said, "Unless you have been requested, advise Mr. Carroll our people are staying on their jobs," which I did. I called the Carroll Theater and informed them that.

Mr. MCCANN. Does your contract provide that you shall not strike? Miss BALE. No.

Mr. MCCANN. Does your contract provide that you will strike if there is trouble with any other union?

Miss BALL. It is not in our contract, only to this extent: we will not be forced to cross picket lines.

Mr. MCCANN. You have that in your contract?

Miss BALE. Yes.

Mr. MCCANN. So you called to find out what their wishes were?
Miss BALE. That is true.

Mr. MCCANN. Now, let me get this plain. You make a contract annually or every other year, or when do you make a contract with the theater?

Miss BALE. Our contracts at the Carroll Theater have been running 3-year periods.

Mr. MCCANN. When was the last contract made?

Miss BALE. I believe I signed the last contract with Mr. Carroll starting last December.

Mr. MCCANN. Last December?

Miss BALE. For a 3-year period.

Mr. MCCANN. And did you negotiate that contract on behalf of all of his employees?

Miss BALE. The contract was negotiated-it was started by a representative who was here on the coast when I was working in the East. It was consummated by Mr. Shelby and myself and Mr. Carroll here on the coast.

Mr. MCCANN. Now, the terms, the conditions, and all those things are discussed fully, are they, before the contract is made?

Miss BALE. Oh, definitely.

Mr. MCCANN. Your organization does not attempt to tell him how many dancers, or how many chorus girls, or how many specialized artists must perform?

Miss BALE. No; that is entirely in his hands where we are concerned. Mr. MCCANN. That is entirely in his hands with respect to your guild?

Miss BALE. That is right.

Mr. MCCANN. Before the strike of June 10, when there was a threatened strike over the pay, $36 for those who had not worked the night of May 26, did you have any discussion with anybody on that? Miss BALE. No, sir; I was in the East. My office called me after the situation was over with. I knew nothing about it at all. Mr. MCCANN. You had no conversations on that?

Miss BALE. No; I was in Chicago.

Mr. MCCANN. Have you heard anyone talk about punishing-any members of the musicians discuss punishing Mr. Carroll for having testified before the congressional committee?

Miss BALE. No, sir; I have had very little conversation with them at all in any of this matter.

Mr. MCCANN. You haven't heard anyone say he would regret going to Washington to testify?

Miss BALE. No, sir; I have not.

Mr. MCCANN. Do you meet with the officials of the American Federation of Musicians frequently?

Miss BALE. Not as frequently as we used to. At one time we met on everything. But in the past year and a half or so it hasn't been necessary we have as many meetings together as we did have.

Mr. MCCANN. Mr. Chairman, have you any further questions at this time?

Mr. KEARNS. I want to ask the witness one question here.

Would you say that Mr. Carroll, as an employer-naturally, you have dealings with him-would you say that he is above average, or average, or below average?

Miss BALE. We consider him quite above average. So far as his establishment is concerned, there is no other place like it in the country. Mr. KEARNS. Then representing your organization, is it a very desirable place to work?

Miss BALE. Yes, it is; our members seem to think so.

Mr. MCCANN. Mr. MacQuarrie.

TESTIMONY OF HECTOR CAMERON LEE MacQUARRIE, ASSISTANT TO PRESIDENT, MUSICIANS MUTUAL PROTECTIVE ASSOCIATION, LOCAL NO. 47, LOS ANGELES, CALIF.

(The witness was previously duly sworn.)

Mr. KEARNS. Have you been sworn?

Mr. MACQUARRIE. Yes.

Mr. KEARNS. Will you state your name in full? And your place of residence?

Mr. MACQUARRIE. My full name is Hector Cameron Lee MacQuarrie. Mr. KEARNS. Your address?

Mr. MACQUARRIE. 8925 Rosewood Avenue.

Mr. KEARNS. Proceed, Mr. Counsel.

Mr. MCCANN. Please tell us what your official position is, Mr. MacQuarrie.

Mr. MACQUARRIE. Well, I am what they refer to as a business agent. We have a little different title, assistant to the president; it is a business agent job.

Mr. MCCANN. You are assistant to J. K. "Spike" Wallace?

Mr. MACQUARRIE. That is right.

Mr. MCCANN. Do you have any particular area in which you function as a representative?

Mr. MACQUARRIE. The last several years I have had what is commonly called the Hollywood district.

Mr. MCCANN. The last how long?

Mr. MACQUARRIE. Three or four years

Mr. MCCANN. Are you the final authority in your district?
Mr. MACQUARRIE. No, sir.

Mr. MCCANN. Who is over you?

Mr. MACQUARRIE. Well, naturally, Mr. Wallace is over me.

Mr. MCCANN. Is Mr. Wallace active in the determination of any matters of your local now? Has his health made it impossible for him to take a very active part?

Mr. MACQUARRIE. Most of our troubles are taken before the board. Mr. MCCANN. In other words, as a matter of fact, Mr. Wallace is no longer able to give the time, or his health doesn't permit him to determine the local questions that come up?

Mr. MACQUARRIE. That last 4 or 5 weeks he hasn't been down at the office very much. His first assistant, Johnny te Groen, vice president, usually takes over.

Mr. MCCANN. Who is the board?

Mr. MACQUARIE. Five board members; they are elected.

Mr. MCCANN. What are their names?

Mr. MACQUARRIE. I don't believe I could tell you right offhand on it, what their names are.

Mr. MCCANN. You mean to say your bosses in the union are five men and you don't know their names?

Mr. MACQUARRIE. If you will let me elaborate on it a little bit, we have 5 board members and 3 members of our board of trustees that meet as a board, along with 4 elective officers; in reality there are 12 members.

Mr. MCCANN. Who are your elective officers?

Mr. MACQUARRIE. You have "Spike" Wallace, president: Johnny te Groen, vice president; Al Meyer, financial secretary, and Frank Pendleton, recording secretary.

Mr. MCCANN. You have 15.000 members?

Mr. MACQUARRIE. Right close to it.

Mr. MCCANN. Paying dues?

Mr. MACQUARRIE. Yes, sir.

Mr. MCCANN. You have four elective officers and the board mernbers; who are they?

Mr. MACQUARRIE. I might not be able to keep the board members different from the trustees. That is what I was trying to tell you. The board members-the trustees, let me start with the trustees. I think it is Dick Dickinson, Charley Green, and I believe John Boyd; I am not certain on that.

Mr. MCCANN. Now, there is one other group goes to make up the board?

Mr. MACQUARRIE. The board of directors.

Mr. MCCANN. Who are they?

Mr. MACQUARRIE. Art Grinder, Jack Baptiste, Zarh Bickford, Maury Paul, Warren Baker.

Mr. MCCANN. Does that complete the list?

Mr. MACQUARRIE. Yes.

Mr. MCCANN. When you have a problem in your local you say this board is the final authority that passes on it; is that correct, sir.

Mr. MACQUARRIE. Yes, sir.

Mr. MCCANN. I am going to hand you a letter dated February 4, 1947, which is addressed to Earl Carroll, and it is signed with a stamp by J. K. Wallace, and it is signed by you as assistant to the president. Mr. MACQUARRIE. Yes, sir.

Mr. MCCANN. I will ask you to examine that letter and identify it and state whether or not that is a letter by you to Earl Carroll Theater Restaurant.

Mr. MACQUARRIE. That is right, sir.

Mr. MCCANN. Mr. Chairman, I am going to read this letter.

EARL CARROLL THEATER RESTAURANT,

6230 Sunset Boulevard,

Los Angeles 28, Calif.

(Attention: Mr. Earl Carroll.)

DEAR SIRS: We are establishing a standard of scales for theaters and theater restaurants in our jurisdiction. Effective March 4, 1947, the following conditions and wage scales will apply to the Earl Carroll Theater Restaurant:

A minimum of 16 men, including leader and contractor, to apply at all times. Scales will be as follows:

5 hours per night, 6 nights per week, sidemen__

5 hours per night, 6 nights per week, leader and contractor_

$120.00

180.00

Overtime, per half-hour or fraction thereof, sidemen__.

2.50

Overtime, per half-hour or fraction thereof, leader and contractor_-

3.75

[blocks in formation]

Overtime, per half-hour or fraction thereof, per man.

2.00

Overtime, per half-hour or fraction thereof, leader and contractor_.

3.00

From 7 p.m. to 12 (midnight) rehearsal price will be as follows:

2 hours or less, per man_

2 hours or less, leader and contractor.

Overtime, per half-hour or fraction thereof, per man_

Overtime, per half-hour or fraction thereof, leader and contractor_

$10.00 15. 00

2.50

3.75

We appreciate our pleasant relations in the past and look forward to a continuation of same.

Sincerely,

J. K. WALLACE,

Mr. KEARNS. We will take a short recess.
(Short recess taken.)

Mr. KEARNS. The hearing will be in order.
Mr. MCCANN. Did you write that letter, sir?
Mr. MACQUARRIE. I didn't write it; no, sir.
Mr. MCCANN. Who wrote it?

President.

LEE MACQUARRIE, Assistant to President.

Mr. MACQUARRIE. I believe I helped dictate it, but I didn't write it. Mr. MCCANN. Well, who dictated it with you?

Mr. MACQUARRIE. Well, I tell you, most of these things are taken up by our board and a slip is handed to us about what we have to take up. The girl that takes down the testimony in the board usually helps us write the letter on it.

Mr. MCCANN. I see. I notice that this letter starts out—

We are establishing a standard of scales for theaters and theater restaurants in our jurisdiction.

Will you tell me, Mr. MacQuarrie, whether the employers are consulted in the establishment of scales?

Mr. MACQUARRIE. Well, that is why we send those letters, so we can get together and negotiate.

Mr. MCCANN. There wasn't any getting together and negotiating this. You simply tell him what it is going to be; don't you?

Mr. MACQUARRIE. No; we tried to get together with Mr. Carroll several times. Mr. Wallace at this time was busy on the radio, and he was sick at that particular time, to a certain extent, and I believe we missed-except the 2d or 3d of March; I think the 3d. On a Monday, it would be the 3d, I believe. Mr. Carroll came down to Mr. Wallace's office.

Mr. MCCANN. I notice you say, "We are establishing a standard of scales for theaters and theater restaurants in our jurisdiction." When you establish it, it is established, isn't it, or did you mean you were considering establishing a scale?

Mr. MACQUARRIE. Usually when we send these letters out the employers call us in and we usually negotiate on it.

Mr. MCCANN. Did you change that scale when you dealt with him? Mr. MACQUARRIE. On this [indicating]?

Mr. MCCANN. On this.

Mr. MACQUARRIE. From the prior scale; yes.

Mr. MCCANN. I am asking whether you modified in any way the scale you established in this letter.

Mr. MACQUARRIE. No; because Mr. Carroll said he would willingly pay the scale raise.

Mr. MCCANN. In other words, the established scale was the thing he paid?

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