H. No orchestra or part thereof shall be permitted to augment music recordings in the same session in which the original recordings are made. The above is not intended to prohibit the Producer from making musical bridges, replacements, or other special musical effects for the purpose of musical punctuation, matching a picture action, or other special effects, such as reverberation, where the tracks are staggered several sprocket holes or frames to give sound effects not obtainable with more musicians. It shall not be the intention of the Producer to program a recording call specifially for augmenting music tracks as a means of eliminating musicians. I. The Producer agrees that he will not, without the prior written consent of the Federation, license, lease, lend, give, sell, utilize, or in any other way whatsoever authorize the use, in whole or in part, of the music sound track containing the recorded music made by members of the Federation, or scenes or shots containing pictures of members of the Federation performing on musical instruments or conducting, heretofore made or which will be made prior to the expiration of this agreement, on or in connection with television, during the life of this agreement and thereafter; except only after separate negotiations are entered upon and after a separate written agreement has been reached between the Federation and the Producer with respect to the use of such music sound track or such scenes or shots, on or in connection with television, can such use be made, and then only upon the terms and conditions agreed upon by the Federation and the Producer in such separate agreement. J. The Producer agrees that the substance and intent of Section 11 hereof, shall be incorporated in all agreements made by the Producer for the licensing, leasing, lending, giving, selling, utilizing or other disposition of music sound track containing the recorded music made by members of the Federation, or scenes or shots containing pictures of members of the Federation performing on musical instruments or conducting. 12. 16 MM. film.-The Producer and/or its subsidiaries in the United States and/or Canada, agree not to produce, distribute, or make use of 16 mm. film with music sound track produced within the United States and/or Canada, unless such music sound track is recorded by live musicians specifically for that picture. (This shall not apply to pictures produced and distributed outside of the territorial limits of the United States and Canada.) The same wage scales and working conditions that obtain in the 35 mm. motion picture field shall apply to 16 mm. films. It is not the intent to impose any extra charge where 35 mm. subjects are released on 16 mm. film. 13. Employees in armed services.-Recognizing the moral and legal responsibility to the men and women who have entered the armed services, the Producer and the Federation agree that they have a joint responsibility (subject to the then existing statutes) in the reinstatement of Federation members to the positions such members held prior to their entry into the Armed Services. The Producer and the Federation agree that Employees temporarily holding such jobs, will be displaced by returning Federation members. 14. "Professional" capacity.-The Federation and the Producer have agreed that all Musicians are employed by the Producer in a "professional" capacity within the meaning of the "Fair Labor Standards Act of 1938." 15. Term of agreement.-This agreement shall remain in effect up to and including August 31, 1948. AMERICAN FEDERATION OF MUSICIANS. By PRODUCER By APRIL 1, 1946. WAGE SCALES, HOURS OF EMPLOYMENT, AND WORKING CONDITIONS I. Side line musicians 1. "Side Line," "Atmosphere," or "Silent."-Work day starts at time and place ordered to report and ends when dismissed at Studio or in the City. 2. Weather permitting calls.-When side line musicians are ordered to and do report and are then dismissed on account of weather conditions which preclude the picture from being photographed, members so dismissed shall be paid $7.50. Leader, double. 3. Fittings and interviews.-When called upon any day or time other than the day of employment for fitting of costumes or type interview, members shall receive $7.50 for two hours and thirty minutes. Leader, double. 4. There shall be no stand-by calls. 5. Notification of calls.—All calls for side line musicians shall be made not later than 6:00 P. M. on the day preceding the call, except in emergency, and except at the end of any photographic day, calls for the following day may be given to the side line musicians; all calls to be registered by telephone or telegram with the Studio Representative. After registration of the calls, the orchestra manager may proceed to call the individual members required for service. No orchestra manager is permitted to call a musician for any services whatsoever unless the call is first registered with the Studio Representatives office. The Studio Representative shall have full power to act in emergencies, subject to review by the International Executive Board. 6. Basic scales Minimum pay for any call__ $22.50 2. 81 Consecutive work hours between 6:00 A. M. and 6:00 P. M. shall be paid 4. 22 When a minimum of $22.50 is earned, excess is to be paid as follows: 2.81 Overtime after 6:00 P. M. up to ten minutes, one-half hour at time and one-half shall be paid.. 2.11 Overtime after 6:00 P. M. in excess of ten minutes, per hour or fraction thereof 4. 22 All work hours must be consecutive (except that a one-hour meal period, deductible from work time, will be allowed in nine hours.) 7. One person alone, subject to above schedule of hours, $27.50. 8. Leader's and orchestra manager's pay.-When two or more musicians are employed on engagement, one shall be construed as Leader, and shall receive 100% extra. When Leader also acts as Orchestra Manager, he shall receive in addition to his Leader's pay 50% of the side men's scale. When Orchestra Manager is employed in addition to Leader, he shall receive $1.25 per person, including Leader, until such amount equals one person's pay. When Orchestra Manager works with the men, he shall receive in addition to the above one playing Musician's pay. Paragraphs 2, 3, 4 and 5 shall also apply to Orchestra Manager. Overtime for Leader, double the pay for side men for overtime. 9. On location.-When working on location at a distance, making commuting to and from engagement impracticable or impossible, daily schedules to apply. Travel time begins when the Musician reports for travel pursuant to instructions, and ends when the Musician arrives at destination. Travel time between 6:00 A. M. and 6:00 P. M. only will be computed as work time, but not to exceed eight hours per day. Travel time rate, $2.81 per hour. Leader, Double. All expenses shall be paid by the Producer, including transportation, meals and reasonable sleeping accommodations, in addition to regular daily schedules. 10. Vacation.-Vacations with pay will be allowed to side line musicians according to the following plan. Days of vacation with pay in succeeding year Between 221 and 240. Between 201 and 220 Between 181 and 200. Between 161 and 180. Between 141 and 160. Between 121 and 140. Between 101 and 120 Between 81 and 100_ Between 61 and 80_. Between 41 and 60 Between 21 and 4020 and under__. 1 Maximum allowable. The Producer will accumulate the days worked, subsequent to March 31st, during the calendar year 1946 to determine the number of vacation days with pay for the calendar year 1947, etc. The amount of pay allowed per vacation day will be as follows: One day-pay of minimum call at straight time. 11. Meals. Break for meals to come at approximately meal time, twelve to two and six to eight. This provision is not to be in contravention of any State law. 12. Recording by side line musicians.—If side line musicians record, they get paid for recording session. This shall not apply if the men play but do not record. 13. Pay-off requirements.-Payment to be made at termination of call or checks to be mailed within twenty-four hours thereafter. 14. Wardrobe.-Side line musicians are not to be required to provide any wardrobe other than tuxedo, business suit or full dress. 15. Sundays and holidays.-Double time scale shall prevail for work on Sundays and the following legal holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. II. Motion picture recording musicians 16. Rates and conditions.- For single session (three hours or less), per man. For two sessions (six hours) completed within 12 hours of time called, All work time consumed between the hours of midnight and 8:00 A. M. Overtime not later than midnight, per 15 minutes or fraction thereof, per man Overtime after midnight, until 8:00 A. M., per 15 minutes or fraction thereof, per man $39.90 79.80 3.33 4.99 Overtime must immediately follow a regular session. All hours not continuous will be charged as additional sessions. 17. Rest period.-Intermission of ten (10) minutes per hour away from stand must be given on all engagements, with the understanding that it means ten min. utes from the time Musicians leave stands until they return and are ready to play. The Producer is privileged to accumulate two rest periods. 18. Doubling rates and conditions.—(a) NOTE.-The following are not construed as doubling: Saxophone family Oboe and English horn Flute and Piccolo Organ and Celeste (when furnished) Piano and Celeste (when furnished) Drummer's regulation outfit (consisting of bass drum, snare drum, pedal cymbals, gongs, bells, wood blocks, and small traps). (b) Xylophones, vibraharp, chimes and bells are not construed as doubles when played by one musician with no other double. (c) Doubling of any instrument, 50% of basic rate extra. (d) In computing the compensation for doubling, all time from the start of the recording engagement shall be considered in three-hour sessions regardless of the unequal division of two sessions. (e) Doubling of only one instrument shall be allowed in any such three-hour session. (f) Doubling price shall be paid for minimum of three hours in any such session in which two instruments are used. (g) When same double is continued during overtime, doubling price shall be paid upon overtime basis. (h) When another instrument is doubled during overtime, doubling price shall be paid for minimum session of three hours. (i) Doubling pay shall not be applied against minimum guarantee. 19. On location.-Engagements on location over 25 miles but not more than 100 miles from point (inside jurisdiction) ordered to report, $6.65 per hour extra for time consumed in traveling to and from location. Over 100 miles to be arranged with A, F. of M. representative. 20. Orchestra manager.-The Producer (Studio) shall employ one nonplaying Orchestra Manager who shall call all Musicians, check the time of all calls, make up pay rolls and all necessary reports to the A. F. of M., and attend to all matters pertaining to the personnel of each orchestra. It shall be his duty to see that all musical activities are in conformity with the regulations of the A. F. of M., and within the scope of his duties so described, he shall be in constant attendance at all recording engagements, and shall not be employed in any other competitive musical activity. He shall receive not less than one playing musician's salary for each entire engagement, with a minimum guarantee of not less than $6,916.00 per year for the position. 21. Calls. (a) There shall be no stand-by calls. (b) All calls for recording musicians shall be made not later than 6:00 P. M. on the day preceding the call, except in emergency, and except that, at the end of any recording session, calls for the following day may be given to the musicians; all calls to be registered by telephone or telegram with the Studio Representative. After registration of the call, the Orchestra Manager may proceed to call the individual members required for service. No Orchestra Manager is permitted to call a musician for any services whatsoever unless the call is first registered with the Studio Representative's office. The Studio Representative shall have full power to act in emergencies, subject to review by the International Executive Board. 22. Vacations for contract musicians.-For each four and one-third weeks elapsed under the musicians' personal service contract, he shall be credited with one earned vacation day. One vacation day's pay shall consist of % of employee's weekly drawing account. Within the period from April 1, 1946, to March 31, 1947, inclusive, a scheduled two-week vacation shall be granted the musician. Payment for vacation will be made as reasonably soon after March 31, 1947, as possible. Within the period from April 1, 1947, to August 31, 1947, inclusive, a five consecutive day vacation shall be granted. Payment for vacation will be made as reasonably soon after August 31, 1947, as possible. Within the period from September 1, 1947, to August 31, 1948, inclusive, a scheduled two-week vacation shall be granted the musician. Payment for vacation will be made as reasonably soon after August 31, 1948, as possible. When a Sunday occurs during the vacation period, such Sunday shall not be considered as a vacation day. 23. Vacations for noncontract musicians.-Vacations shall be granted according to the following plan: Recording hours worked in preceding year: Over 414 Between 379.75 and 414 Between 345.25 and 379.5_ Between 310.75 and 345 Between 276.25 and 310.5_ Between 241.75 and 276 Between 207.25 and 241.5. Between 172.75 and 207 Between 138.25 and 172.5. Between 103.75 and 138 Hours of vacation pay in succeeding year ($13.30 per hour) 120 18.3 16.6 14.9 13.3 11.7 10.1 8.5 6.8 5.1 3.4 1.7 0 Between 69.25 and 103.5. 34.5 and under__. 1 Maximum allowable. The Producer will accumulate the hours worked subsequent to March 31st, during the calendar year 1946, to determine the vacation pay for the calendar year 1947, etc. 24. Pay-off requirements.-Noncontract musicians will be paid at termination of call or checks will be mailed within twenty-four hours thereafter. All contract and weekly musicians will be paid once a week at the designated place of the employer. Upon written authority to the Studio by the Musician, the Studio will mail weekly pay check to the last given address of the employee. All contract musicians will receive a weekly pro-rata check of their contract guarantee. Said payments are issued as a drawing account against their guarantee. 25. Sundays and holidays.-Double-time scale shall prevail for work on Sundays and the following legal holidays: New Year's Day, Memorial Day, Mr. PETRILLO. I do not think that they would know, but I will ask them. They are all sleeping. Mr. MCCANN. So you do not know about the New York situation, you only know of the Chicago situation? Mr. PETRILLO. That is right. Mr. MCCANN. Now, would you say that it is true or false that in the cases of those legitimate theater houses operating in Chicago, that during the last 2 years the management of each has been obligated to spend over $50,000 for musicians whose services were not needed or wanted because of the dramatic-show policy prevailing in the theater? Mr. PETRILLO. I do not know. Mr. MCCANN. You do not know whether that is true or not? Mr. MCCANN. You would not say it is false if some of these theaters have had to spend $50,000 for which they have not received any services? Mr. PETRILLO. I do not know of any theater that is paying musicians that they did not receive any services. Mr. MCCANN. Do you know of any theater in Chicago that has ever had to pay musicians who did not perform in the theater? Mr. PETRILLO. Only the moving-picture situation when they change the policy of the house. Mr. MCCANN. Only in that case? Mr. PETRILLO. That is right. Mr. MCCANN. And then under your contract it is strictly a matter of paying half pay? Mr. PETRILLO. Half salary, all of the time they are off. When the house closes, they do not get paid. We are very lenient. Mr. MCCANN. I am glad that you have that virtue; we had sort of doubted it. Mr. PETRILLO. Thank you. Mr. MCCANN. Prior to Labor Day of 1945, in the case of musical shows, Mr. Petrillo, is it true that you arbitrarily exacted a requirement that a minimum of 15 men be engaged for a musical show? Mr. PETRILLO. You say prior to 1945? Mr. MCCANN. Yes, sir. Mr. PETRILLO. That has been in existence for a good many years. Mr. MCCANN. Prior to 1945, 15 was the minimum for a musical show? Mr. PETRILLO. We raised it then. Mr. MCCANN. Then you raised it? Mr. PETRILLO. Yes. Mr. MCCANN. You mean you established a new standard which had to be accepted? Mr. PETRILLO. Eighteen men. Mr. MCCANN. And since Labor Day of 1945 Mr. PADWAY. I do not like to object, Mr. Chairman, but I think counsel should not assume the role of a prosecutor of trying to get admissions through questions that have implications. The use of the word "arbitrary" and the use of the words "they had to accept," is an interpretation that counsel would like to put upon any demand that we make. Certainly unions make demands and they would like to get those demands. Unless counsel can establish that the other person |