Mr. PETRILLO. You must remember that Jake Shubert-the Shubert people own the majority of the theaters in town, you see, and we negotiate with them. Mr. MCCANN. Strike the answer and let us return to the question. Do you know whether or not your figure was the figure adopted, six for 1947? Mr. PETRILLO. Yes, that was the conclusion. Mr. MCCANN. It was your demand and it was yielded to? Mr. PETRILLO. That is right. Mr. MCCANN. And the bargaining had no effect whatsoever, as between you and Mr. Shubert or anyone else? Mr. PETRILLO. We bargained. Mr. MCCANN. And they had to yield to your figure? Mr. PETRILLO. They did not have to yield. Mr. MCCANN. They had to yield or not have any music? Mr. PETRILLO. That is right. Mr. MCCANN. Again the operators protested, did they not, but to no avail? Mr. PETRILLO. I do not know of anybody that protested-they might have protested to the executive board while I was out of town. Mr. MCCANN. They did not protest to you? Mr. PETRILLO. No. Mr. MCCANN. You did not know anything about it if they did? Mr. PETRILLO. No. Mr. MCCANN. It would not have made any difference if they had? Mr. PETRILLO. I do not know why, if they have got a concession coming, they certainly can get it. Mr. MCCANN. No matter what they did do, there was no modification in your original demand? Mr. PETRILLO. There was no modification. If they would come in and try to tell us they were not making money, we would find out they did. Mr. MCCANN. They did engage and pay for six men for 1946 ? Mr. MCCANN. If they had not yielded to your figures, none of them could have shown any musical shows that year? Mr. PETRILLO. If they did not yield to our figures, we probably would have given them five men. Mr. MCCANN. You probably would have given them five men ? Mr. PETRILLO. Yes. Mr. MCCANN. In other words, you are a better bargainer than they were? Mr. PETRILLO. I have been on the job for 25 years, and there is nobody around that wants it. Mr. MCCANN. But that does not answer the question. Strike the answer, and let us have the answer. Were you a better bargainer than they were, or did you just make a demand which they had to yield to? Mr. PETRILLO. I leave that to my membership. I do not know if I am a better bargainer. I think that they got the best of the bargain. Mr. MCCANN. Some of those theaters had six men operating all through the year, and never had a single man play, did they? Mr. PETRILLO. Not that I know of. Mr. MCCANN. You do not know whether any of them had six men play? Mr. PETRILLO. That is right, not that I know of. What I know is that they played. Mr. MCCANN. All you know is that they had to pay rather than play? Mr. PETRILLO. I know that they had to pay and play. Mr. MCCANN. Do you know that they did play? Mr. PETRILLO. I do not know that they did not play. Mr. MCCANN. That is not the answer, and I would like to have the answer. Does he know whether they played? Mr. KEARNS. The witness will answer the question if it is possible. Mr. PETRILLO. I do not know. I spent most of my time in New York City. Mr. KEARNS. I accept that answer. Mr. MCCANN. Prior to Labor Day, 1946, did you not arbitrarily demand that the number be increased to eight, in the Chicago theaters? Mr. PETRILLO. The deal was made in one package, for 1946 and 1947. Mr. MCCANN. And they had to agree to the eight for 1947? Mr. MCCANN. They did agree? Mr. PETRILLO. Yes. Mr. MCCANN. And they took exactly the figures which you offered? Mr. PETRILLO. Yes. Mr. MCCANN. Since that time eight musicians must be employed when any of these theaters are open? Mr. PETRILLO. They are employed according to contract. Mr. MCCANN. And when the theaters are open they must be paid? Mr. PETRILLO. That is right. Mr. MCCANN. Now, is not there a difference between musical shows and dramatic shows in their need for musicians? Mr. PETRILLO. Very much so. Mr. MCCANN. There are a great many dramatic attraction houses which, unless they were forced to use musicians, would not use them at all? Mr. PETRILLO. I do not know. Mr. MCCANN. Did not they protest in Chicago, a number of these owners of dramatic houses, about having to use musicians when they did not need them? Mr. PETRILLO. I never heard a protest. Mr. MCCANN. You never heard a protest? Mr. PETRILLO. No. Mr. MCCANN. You know that they do object to doing it in many cases? Mr. PETRILLO. I do not. Mr. MCCANN. You do not know that they object to it? Mr. PETRILLO. No. Mr. MCCANN. Have you required theaters showing moving pictures in Chicago to also pay for the eight musicians? Are they forced to pay? Mr. PETRILLO. They employ more musicians. Mr. MCCANN. They employ more? Mr. PETRILLO. Yes. Mr. MCCANN. Now, do you know of any instances in Chicago where theaters are required or ever have been required to pay for musicians who did not perform? Mr. PETRILLO. Well, we have a ruling here in the contract that if a house for instance, we will take the house that you are speaking about, a dramatic house-men can be dispensed with by giving the men a week's notice if the house closes. We will say that a theater dispenses with a dramatic show and wants to bring a picture in for 4 weeks. The contract says that while the picture is there the musicians employed regularly in that theater will receive half salary all of the time the house is open. Mr. MCCANN. That contract is in how many cities, just Chicago? Mr. PETRILLO. I am only speaking of Chicago now. Mr. MCCANN. You are only speaking of Chicago? And that is the contract in Chicago? Mr. PETRILLO. That is right. I have got it right here. Mr. MCCANN. Is that true of every one of the Chicago houses? Mr. MCCANN. All of the legitimate theaters? Mr. PETRILLO. Yes, sir: Mr. MCCANN. You say that you have a contract? Mr. PETRILLO. Yes, sir. Mr. MCCANN. May I see a copy of it? Mr. PETRILLO. Yes, sir; it is all of the rules and regulations there. Mr. MCCANN. I ask that this contract be received in evidence and that it be reproduced. Mr. KEARNS. There is no objection. (The document is as follow:) Season 1946-1947 Expiring Sept. 1, 1947 THEATRE WAGE SCALE, RULES, AND REGULATIONS CHICAGO. FEDERATION OF MUSICIANS LOCAL NO. 10, A. F. OF M. Section 6 of Section 29-Theatres, other than Grand Opera, Vaudeville, and Motion Picture The following general rules apply to class one theatre engagements, other than grand opera, moving picture, and vaudeville (51) All contracts with theatres shall terminate not later than the first Monday in September, of each year for one year only. The services of all members playing or conducting in any theatre shall be covered in one contract. Contracts must be filed with recording secretary, not later than seventeen (17) days after commencement of engagement with a complete list of instrumentation and regular men. Members failing to file contracts within specified period shall be subject to a fine of not less than twenty-five ($25.00) dollars. (52) During the first two weeks of the season, employment may be accepted for one or more performances at pro rata of the basic scale, at the end of which time the regular personel of the orchestra must be complete. (53) Contracts for theatre engagements shall be noncancellable after two (2) weeks from commencement of engagement and, thereafter, may not be dissolved by employers and contracting members during the life of the agreement existing between said contracting members and managers, firms, or corporations with whom they are in agreement as evidenced by their contracts on file in the office of the recording secretary, except by reason of sufficient provocation, the justice of which the board of directors alone shall have the power to determine. This provision shall also apply to playing members and contracting members. Whenever any of the parties to such a noncancellable contract considers he is justified in demanding its annulment, he shall submit his case to the president, who shall have the power to direct him to continue fulfilling all his obligations under said contract, or to order such other immediate action as in his judgment will best conserve the welfare and interests of all parties involved, provided, such action shall not interfere with the contracting member fulfilling all the requirements of the agreement existing between himself and the management, firm, or corporation, by whom he is employed. The temporary action thus ordered by the president shall prevail until such time as the board of directors has arrived at and announced a decision. (54) On theatre engagements where contractor is not present the minimum contractor's fee shall be paid to some member to be designated by the contractor. Musical director engaged to direct a production shall not be permitted to be the contractor for the orchestra. (55) If at any time during the life of the contract, the orchestra or individual members thereof are not required to render service during a time when the house is open the members shall receive full salary for all performances, according to the classification of attraction playing during the period when services are not required, excepting when motion pictures or colored shows are shown, but in no case shall the amount paid be less than the amount of the contract price of engagement. If pictures are shown, and musicians are not required to render services, they shall receive one-half (2) salary based on the full week of seven (7) days at the scale provided for dramatic shows. If colored shows are played in class one theatres and the pit orchestra is not required to perform, they shall receive one-half (2) salary, based on the musical show scale, for all performances played. Members whose services are not required as provided in this rule shall not be allowed to play any engagement during the hours that the orchestra is employed at the theatre. This rule shall also apply to extra men engaged for a definite period. For violation of this rule, the penalty shall be at the discretion of the board of directors. (56) During times when the house is dark, the orchestra shall be paid one-half (2) salary unless a proper notice has been given to them by the employer one (1) week prior to the time the house becomes dark. (57) For cancellation of season engagements prior to commenment of engagement, four weeks' notice must be given by the employer. Any time there is a curtailment in conditions under which a member has been engaged which has the effect of reducing his remuneration, such changes in policy shall require one (1) week notice. (58) When an employer dispenses with the services of a member without notice, the justice of such dismissal shall be determined by the board of directors of the Chicago Federation of Musicians. (59) The employer may dispense with the services of the orchestra when closing the house for the season one (1) week subsequent to the giving of proper notice of such intention. (60) The conditions upon which the services of musicians designated as regular men shall be furnished at the minimum scale shall be that the members so engaged shall play at all times that the house is open. If more than two (2) traveling members (exclusive of leader or conductor) are carried with any production, playing any theatre, a minimum of eighteen (18) local members must be employed, whether theatres have regular orchestras or not; this rule to apply to any sort of production, with the exception that when colored shows are played and the orchestra carried is not to be augmented by local musicians, this rule shall not apply. If two (2) or less traveling musicians (exclusive of leader) are carried by a production, then beginning with the second week of the run of the production, the number of local musicians must be eighteen. If no traveling musicians are employed after the first week of each engagement, the party of the first part shall not be required to employ any minimum number of local musicians other than the regular house orchestra. No instrument shall be dispensed with that is carried by the traveling company presenting the current attraction. In any case where the last previous paragraph of this rule is applied and the services of members dispensed with, no member who has been playing said engagement regularly, can be given any notice to discontinue service. (61) The original instrumentation of the orchestra must be maintained throughout the life of the contract. (62) If the orchestra is required to render service more than fifteen (15) minutes prior to the first curtain, extra per week, per man, $5.00. (63) Chorus girl contests, song publishers' contests, amateur performances, or any service of like character in connection with current attraction, extra per day, per man, $1.00. (64) If a member of the orchestra is required to play on the stage in sight of the audience there shall be no extra charge. (65) When members are required to appear in full dress or Tuxedo, they shall be paid extra, per day $1.00 or per week $3.50. This shall also apply to any costume furnished by the employer other than uniforms furnished without cost to the members and worn regularly by the orchestra. (Uniforms furnished by the employer without cost to the members shall not be considered fancy dress.) (66) When members are required to double, they shall be paid twenty-five (25%) percent additional to the basic scale. (67) Each musician shall receive for each performance that the admission is advanced a sum double the amount that the admission is advanced beyond that provided in the wage scale of class one (1), unless a weekly scale is provided. For New Year's Eve regular performances, this rule shall not apply. (68) For midnight shows where the admission does not exceed $5.00 the following charges shall be made: Per performance, per man, $13.80; leader or engaging member double. Where admission exceeds $5.00, $17.25; leader or engaging member double. Performances limited to three consecutive hours each. (69) Where the assistance of the orchestra or any member thereof is required by an act, the board of directors shall determine whether the assistance is such that extra compensation is required. (70) Any performance at a theatre where a contract is in force, if given by the employer, without rehearsal, pro rata, provided that said performance comes under class contracted for. Rehearsal same as performance. (71) Wage scale when members are required to leave the city for productions, except grand opera: Each performance For personal expenses, per day Rehearsals, per half hour_. Members must receive, in addition to expenses each day, not less than___ $11.50 6. 00 1. 15 11.50 A separate berth must be provided for each person when night travel is necessary. (72) War tax shall not be considered in the calculation of any scale. (73) In class one theatres employing orchestras the minimum number of regular men shall be eight (8). (74) When extra men are employed, the number of men used for local opening of an attraction shall be considered as the minimum number of men to be used during the local run of that attraction. (75) Extra men employed in any theatre must be engaged for the full run of an attraction appearing in such theatre and cannot give or be given notice of cancellation. One week's notice must be given such extra men of the termination of the run of the current attraction in that theatre. (76) Orders to engage extra men, to dispense with the services of orchestra, individual members thereof, extra men, or any order of importance shall be transmitted by the employer to the leader in writing, and must be given at the end of the fiscal week. (77) On engagements of less than ten (10) weeks the contractor shall pay the double bass player two ($2.00) dollars extra for carrying bass within city limits. Three ($3.00) dollars outside of city limits and one ($1.00) dollar for each rehearsal. Applies only when bass player is given notice of cancellation by the contractor. If bass player gives notice, then this rule shall not apply. Contractor to charge for this in addition to all other charges. (78) Musicians shall be permitted one day off each week upon furnishing a competent substitute and only if he does not play another engagement. When |