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 is equal to the pay of % of weekly guarantee. When a Sunday occurs during the vacation period, such Sunday shall not be considered as a vacation day. Vacations with pay will be allowed nonrecording musicians employed on a daily basis according to the plan outlined in this section. 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 is equal to $33.25. 32. 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. 33. Pay-off requirements.-Nonrecording daily musicians will be paid at the termination of call or checks will be mailed within twenty-four hours thereafter. All weekly musicians shall 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 checks to the last given address of the employee. IV. Arrangers, orchestrators, copyists, proofreaders, librarians-General rules 34. Musical orchestrators must be paid at the prevailing motion picture orchestrating rate for all orchestrations when initially used for motion pictures, but with no additional compensation for any subsequent motion picture use. This also applies to orchestrations already in the possession of any orchestra or band leader, which were originally made for other than motion picture purposes. This does not apply to contracts already executed. 35. All Arrangers, Orchestrators, Copyists, Proofreaders, and Librarians shall not accept instrumental engagements during the day or week of such employment. 36. Librarians shall have supervision over all Assistant Librarians, Copyists, and Proofreaders employed on all engagements. 37. When a Copyist is required to perform a Librarian's duties, he shall receive the applicable Librarian's daily pro rata rate as specified. 38. Cutting, pasting or a similar musical service, to be charged for at regular time rates as specified in each classification under which musician is engaged at the time, except, when musician is engaged on work by the page and required to cut, paste, or render similar service, such service to be paid for at the rate of $3.33 per hour in periods of not less than fifteen minutes. 39. Orchestrating is defined as the art of scoring the various voices of an already written composition complete in form. A composition is considered complete in form when it fully represents the melodic, harmonic, and rhythmic structure. 40. Prices quoted in this section refer to Orchestration only and must not be interpreted as to include or apply to creative contribution such as Reharmonization, Paraphrasing, or Development of a composition already complete in form. Prices for Arranging are left to the discretion of the person doing the work, provided, however, that the price charged shall never be less than the minimum for orchestrating. 41. In cases where the work is not classified herein, the A. F. of M. representative shall set a price based on prices for similar work. 42. In addition to the above, all the Rules and Regulations of the Constitution and By-Laws of Local 47 and the A. F. of M. now extant are a part of this agreement, copies of which are hereto attached. 43. Orchestrators shall not attend recordings of their orchestrations unless they are paid as per regulations, except when employed steadily at $266.00 or more per week. 44. Work performed in an approved office established for the purpose of preparing music for motion picture studios, and where such preparation is under the direct supervision of a music librarian shall be considered the same as music prepared on the studio premises. No home work for copyists permitted. 45. All work shall be paid for at the engagement price applicable to the classification of the work performed. In cases where one man fulfills duties in two or more classifications during the same call period, the highest scheduled rate shall Mr. PETRILLO. Or 16 or 15. Mr. MCCANN. That is what they had before, was it not? Mr. PETRILLO. That is right. Mr. MCCANN. And you would have negotiated with them for 15? Mr. PETRILLO. I would continue negotiating. Mr. MCCANN. But you did establish the 18, as you testified a while ago, and you testified that you fixed that figure, and they had to accept it. Mr. PETRILLO. I did not say that they had to accept it. The railroads did not accept the figures of the railroad men. They went on strike. The miners went on strike, and General Motors went on strike. Mr. MCCANN. That is all. We do not care about that. Mr. PETRILLO. If these people do not like the contract that you are intimating that I forced with a gun in their belly, why did they not strike and close the theater? They have a right to do that. Mr. MCCANN. That is perhaps true, that they have a right to close the theater. Mr. PETRILLO. And I do not want to close the theaters. I want them to work, and I want them to do business. Mr. MCCANN. Let us proceed with the questions. Since Labor Day of 1946, you have increased the number to 18 men at the theaters in Chicago? Mr. PETRILLO. That is right. Mr. PETRILLO. That is correct. Mr. MCCANN. That number must be engaged or none at all will play? Mr. PETRILLO. They are engaged under contract. Mr. MCCANN. In other words, they have to do that or you do not have any play. Mr. PETRILLO. They do not have to do that. Mr. MCCANN. If they do not accept the 18 Mr. PETRILLO. If they do not accept the 18, there may be a strike. Mr. MCCANN. There may be a strike? Mr. PETRILLO. If they say, "We will close the house tomorrow," I may give them 16, but as long as they sign for 18, why should I give them 16? Mr. MCCANN. You have answered the question. Now, the principal theaters in Chicago affected by your rule were the Civic Opera House, the Civic Repertoire Theater, Erlanger Theater, Harris Theater, Selwyn Theater, Majestic, Studebaker, and Great Northern, were they not? Mr. PETRILLO. That is right. Mr. MCCANN. And all of those theaters at this time are paying for 18 musicians every week if they have any kind of a show, or 18 musicians every week if they have a musical show? Mr. PETRILLO. That is corect. Mr. MCCANN. Are these terms and conditions, Mr. Petrillo, typical of the other large cities of the United States? Mr. PETRILLO. I really would not know. There are some cities that have the minimum-of-men law. Mr. MCCANN. Will you name them for us? The Producer will accumulate the amount earned subsequent to March 31st, by the orchestrator or arranger, during the calendar year 1946, to determine the vacation days with pay for the calendar year 1947, etc. The amount of pay allowed per vacation day will be as follows: One day, $40.00. (It is assumed that $40.00 equals one day's work on the per page basis.) 53. Vacations with pay will be allowed to copyists and proofreaders employed on a daily and weekly basis according to the following plan: 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. Amount to be allowed per vacation day will be as follows: Weekly Basis: One day is equal to the pay of 1/6 of the weekly guarantee. (In computing days worked, three-hour calls shall be considered one-half day. Six and eight hour calls shall be considered one full day.) When a Sunday occurs during the vacation period, such Sunday shall not be considered as a vacation day. Vacations with pay will be allowed to copyists and proofreaders employed on a per page basis according to the following plan: 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. Amount to be allowed per vacation day will be as follows: One day equals $25.00. 54. There shall be no stand-by calls. 55. All calls 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 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 the registration of the call, the librarian may proceed to call the individual members required for service. No librarian is permitted to call a musician for any services whatsoever unless the call is first registered with the Studio Representative's office. The Mr. MCCANN. Do you know whether, ending September 30, 1948, by reason of said lease, plaintiff completely divested itself of the operation of said theater and the operation thereof devolved upon and passed to said United Artists Corp? Mr. PETRILLO. No. Mr. MCCANN. Do you know whether during the period of its operation of said theater plaintiff was engaged in the presentation of socalled legitimate theatrical entertainment, consisting of presenting living persons upon the stage, during the course of which presentations the services of musicians, members of the defendant, Association Musicians of Greater New York, Local 802, American Federation of Musicians, were from time to time required. The subsequent operation of the said theater by said United Artists Corp. was solely and entirely for the presentation of motion pictures and the services of members of the said union were not required, the entertainment being presented at the said theater being given solely upon the screen. Do you know whether that is true? Mr. PETRILLO. I do not know. Mr. MCCANN. Do you know whether thereafter, on or about the months of April and May 1947, defendant notified plaintiff that notwithstanding the fact that the services of the musicians were not used at the said Broadway Theater, it did require four of its members designated so-called house men should receive full pay at the so-called musical show scale, including a pro rata scale for a seventh day each week during all times that the said Broadway Theater was open and motion pictures were presented therein? Mr. PETRILLO. No. Mr. MCCANN. Do you know that during the period beginning April 11, 1947, when motion pictures were first presented at the said theater, until May 11, 1947, said defendant claimed and demanded for its said four members weekly compensation at the rate of $558.90 or a total of $2,484, less withholding taxes, amounting to the net sum of $2,098.90? Mr. PETRILLO. No. Mr. MCCANN. Do you know that said demand was made by said defendant notwithstanding the fact that no services were actually rendered by its said members but in reliance on an agreement dated August 30, 1946, between the parties which the defendant arbitrarily construed as requiring the plaintiff to make such payment, but which in law and fact plaintiff was not required by said agreement to make? Mr. PETRILLO. No. Mr. MCCANN. Do you know that thereafter and on or about May 14, 1947, defendant notified plaintiff that unless the said amount demanded by it as aforesaid was forthwith paid by plaintiff, it would cause and direct its members who were musicians rendering their services to the plaintiff in other theaters owned, operated, or controlled by the plaintiff or in which plaintiff's officers, directors, and stockholders were interested, known in the theatrical business in the city of New York as Shubert houses, to immediately cease the rendition of further services in said theaters to the end that no further theatrical performances could be given in any of them? Defendant stated and represented to plaintiff that it would pull out its members from the said theaters and thereby prevent the giving of any performances in such theaters in which the services of musicians were required unless payment was made as aforesaid. That defendant was at all times capable of carrying out its aforesaid threats and plaintiff was of such belief. Do you know that? Mr. PADWAY. Now, just a moment, Mr. Chairman. I would like to ask counsel this, and he is evidently reading from a complaint on file in some court or some place, whether the American Federation of Musicians, as such, is a party defendant? Mr. McCANN. The committee is investigating, Mr. Chairman, the activities of Mr. James C. Petrillo and the Federation of American Musicians, and local 802 is the largest of all of the locals of the American Federation of Musicians. Its activities are of as much interest to this committee as are the activities in Mr. Petrillo's own city of Chicago, of which he is the president of the local; and I am reading from the complaint, to ask him if he knows of such facts. When through, I will state to the chairman that this is a sworn complaint and that I have read from it. Mr. PADWAY. Mr. Chairman, I have no objection tc counsel prolonging this hearing for 12 months, but it stands to reason that we cannot be responsible for every suit that is brought against an individual local. Mr. KEARNS. I understand that. Mr. PADWAY. There are several hundred locals. Mr. KEARNS. The purpose of this was to establish for the record any of these theater complaints, to see if we could have them for the record, to see what could be done about them. Mr. PADWAY. Could we not save considerable time if counsel would ask Mr. Petrillo, in view of the fact that the American Federation of Musicians is not a party to the suit, whether he knows anything about the suit that was brought and the incidents that he refers to? I have no objection to that complaint being put in the record, insofar as the record is a suit brought against a local union. In one or two questions the matter can be disposed of. Mr. McCANN. If counsel just permits me to complete this, it will only take 2 or 3 minutes and not near as long as the objection, perhaps. Mr. PADWAY. All right. The objection does some good then. Mr. MCCANN. Now, Mr. Petrillo, is this true [reading]: At the time said threats and statements were made by defendant, plaintiff, its officers, directors, and stockholders had' substantial sums of money invested in said theaters known as Shubert houses, and if the defendant would have carried out its said threats plaintiff would have suffered a vast amount of damage as well as injury to its reputation, and because of said threats and the arbitrary, unlawful, illegal action of the defendant plaintiff on or about May 15, 1947, paid to the defendant the sum of $2,098.90 under protest and duress. Do you know that? Mr. PETRILLO. I do not know. Mr. McCANN. Is it true that, “The said sum of $2.098.90 was an illegal, exorbitant, excessive, and extortionate exacting by the defendant and the said sum of money would not have been paid as aforesaid were it not for the said threats and duress practiced by the defendant as aforesaid"? Mr. PETRILLO. I do not know. Mr. McCANN. Is it true that, "Prior to the commencement of this action plaintiff, through its attorney, duly demanded the return of the |