FINDINGS OF FACT 1. The American Federation of Musicians, affiliated with the American Federation of Labor, is a small union having a total membership in July 1947 of 216,000. James Caesar Petrillo is its president. 2. Approximately 32,400 of the members of this union earn their livelihood exclusively as musicians. Probably twice that number earn part of their livelihood in other vocations. About 86,400 members of this union "have either dropped their instruments because there is no work for them" or have "quit the business" because of other interests. Many of them have kept their membership cards "for sentimental reasons. 3. The constitution of the American Federation of Musicians (p. 162, 1946) shows that this union has no professional standards.1 Article XV, section 1, provides: SECTION 1. Performers on musical instruments of any kind who render musical services for pay are classed as professional musicians and are eligible for membership, subject to the laws of and jurisdiction of the A. F. of M. (This shall include all instrumental performers engaged as cabaret entertainers or in similar occupations, when such entertainers displace an orchestra or other combination of federation members.) In other words, any person who is 16 years of age (art. IX, sec. 15, p. 57) that can toot a horn or play any other musical instrument by ear or note "for pay" is qualified for full union membership in the American Federation of Musicians. How many high school, college, and hillbilly musicians hold membership in this union we do not know. 4. There are several million persons in the United States who are eligible for membership in this union, but none of them can sing or play for money over a radio network or make a recording unless they first join the American Federation of Musicians. 5. The American Federation of Musicians enjoys "a virtual monopoly over the making of music and dissemination of it in this country." In replying to a question by Representative Fisher containing the words above quoted Mr. Petrillo, testifying under oath, said: I cannot deny it. We have been successful in organizing all the musicians of the United States and Canada. 6. The recording companies, the radio networks, and the producers of motion pictures are all under contract with the American Federation of Musicians. They cannot employ any musician who is not a member of the federation. By virtue of the conditions imposed these contracts are, in effect, restricted licenses to do business issued by the American Federation of Musicians. 7. The constitution of the American Federation of Musicians (art. X, sec. 47) provides as follows: Members of the federation must include in any and all of their contracts with employers the following stipulation: "As the musicians engaged under the stipulations of this contract are members of the American Federation of Musicians, nothing in this contract shall ever be construed as to interfere with any obligations which they owe to the American Federation of Musicians as members thereof." 1 "The make-up and operation of the American Federation of Musicians scarcely justifies its classification as a labor union. Applicants for membership are received without conforming to any qualification of a musician. The voting privileges of members are so allocated as to permit a minority domination through grossly unequal allotment of voting power" (p. 159, Rept. No. 1503, 79th Cong., 2d sess.-The Lea All contracts of any character or nature for the rendition of musical services are subject to all the existing and future provisions of the federation's constitution, bylaws, rules, and regulations, and all amendments thereto, all of which are made part thereof, with the same force and effect as if they were incorporated therein in full, and in the event of any inconsistency or conflict the provisions of such constitution, bylaws, rules, and regulations shall control. 8. No member of this union is permitted to employ any booker, agent, personal or other representative, or manager who does not hold a license or permit then in force from the American Federation of Musicians (constitution, art. X, sec. 52): No member shall employ any booker, agent, personal or other representative, or manager, or secure or accept any engagement, for himself or for any other member, orchestra, or band, directly or indirectly, from or through, or with the assistance of, any such booker, agent, personal or other representative, or manager who does not hold a license or permit then in force, for that purpose, from the American Federation of Musicians. No member shall participate in any employment or engagement so procured. Such violation by a member shall constitute the resignation of each such violating member as a member of the American Federation of Musicians and any local affiliated therewith. 9. The constitution of the American Federation of Musicians grants absolute and dictatorial powers to its president, James Caesar Petrillo (art. I, sec. 1): Duties of president: It shall be the duty of the president to preside at all meetings of the federation and executive board; sign all documents of an official character pertaining to the federation; sign all vouchers; appoint all committees unless otherwise ordered. It shall be his duty and prerogative to exercise supervision over the affairs of the federation; to make decisions in cases where, in his opinion, an emergency exists; and to give effect to such decisions he is authorized and empowered to promulgate and issue executive orders, which shall be conclusive and binding upon all members and/or locals; any such order may by its terms (a) enforce the constitution, bylaws, standing resolutions, or other laws, resolutions, or rules of the federation, or (b) may annul and set aside same or any portion thereof, except such which treat with the finances of the organization and substitute therefor other and different provisions of his own making, in which case such change shall be published in the next issue of the International Musician after its promulgation; the power so to do is hereby made absolute in the president when, in his opinion, such orders are necessary to conserve and safeguard the interests of the federation, the locals, and/or members; and the said power shall in like manner extend to and include cases where existing laws are inadequate or provide no method of dealing with a situation. * * * 10. With or without cause, James Caesar Petrillo may, and frequently has, canceled the license of a booker or agent representing "name bands” and other musical entertainers. 11. He has used his power to circumvent the civil rights of bookers or agents, has caused irreparable injury to some of them, and had refused for months to grant these victims of his dictatorial power a hearing or review of the charges or complaints made against them. 12. By its constitution and bylaws the American Federation of Musicians has empowered its president or executive board to declare any theater or place of amusement "unfair," and this power was exercised in 1945 to place on the "unfair" list the National Music Camp at Interlochen, Mich. Thereafter, Dr. Joseph E. Maddy, the president of this camp, was expelled from membership in the American Federation of Musicians. This "unfair" listing has deterred hundreds of musicians from accepting teaching positions at the National Music Camp, where instruction in music, drama, and the dance is given to hundreds of boys and girls every summer. This action also prevented the appearance of internationally famous directors and ment with some station owner on the network over the number of musicians he should employ. As a matter of fact, Mr. Petrillo wrote a letter to the presidents of the four networks in which he stated that we should instruct our affiliates to hire orchestras. the letter and I will be glad to put it in the record. I have Mr. MCCANN. Let's hear that, please, sir. While you are looking for the letter, I might mention the fact that again we are conscious that some of these practices, Mr. Chairman, will be discontinued, of course, by the A. F. of M. I think it is important, while we are on the west coast, to get the full picture of what has existed, so we may understand the philosophy of Mr. Petrillo and the procedures that have been followed by the international. It occurs to me to mention, for the benefit of those present, that we sent out approximately 2,000 questionnaires to broadcasting companies in connection with our investigation. We received back, I think, around 1,500 answers. A number of those answers were from stations which have been authorized but have not as yet commenced to do business. And some of those cases-not many, but in a few— we had a report that the local had been required by the boycott enforced by the chains to employ musicians, and one of them had been paying a salary to musicians for 2 years that had never appeared in their broadcasting station or played a note of music. We have had that in the way of information from our questionnaire. Mr. WEISS. I have that letter, Mr. McCann, from Mr. Petrillo. Mr. MCCANN. Will you read the letter into the record? Mr. WEISS. This letter is from the office of the president of the American Federation of Musicians, 507 Lexington Avenue, New York, and dated December 13, 1945: DEAR SIR This is addressed to the president of the Mutual Broadcasting System, and similar letters were sent to the presidents of the other networks. Upon investigation we find that 275 network-affiliated radio stations which receive network programs employ live musicians in their studios. However, there are 411 network-affiliated radio stations which receive network programs that do not employ any live musicians in their studios. They should employ live musicians if they are to continue to receive network programs. I regard that as a threat. Enclosed you will find a detailed report of the 48 States in the United States on this matter. I will be very happy to call a meeting of the four chain companies sometime after the holidays to discuss the entire matter. In the meantime I trust you will cooperate in advising these stations that something must be done to remedy this situation. The argument we have no available musicians in some of these cities cannot prevail, as the American Federation of Musicians is ready and willing to service all of the stations. The above will also apply to Canadian radio stations. Sincerely yours, JAMES C. PETRILLO, President. Mr. MCCANN. Thank you, sir. What else do you have, sir? Mr. WEISS. Now, we have gone through a rather bewildering experience in connection with frequency modulation and television. We were one of the pioneers in television and built the first television station in the West, about 16 years ago. It occurred to us, although there were very few television receiving sets at the time, that it might add to the interest or help stimulate the interest in television if we could televise programs showing musicians playing in back of or as a part of programs for television. We took the matter up with the musicians' union, and about 8 or 9 years ago they advised us of a scale which, as I recall, approximated or would amount to $56 per half-hour for an appearance of a musician on a television program. We didn't employ any at those rates because the small number of people who could see and hear the musician play by television would not warrant that. Subsequently, on orders from Mr. Petrillo, instructions were issued that no member of the American Federation of Musicians was permitted, under any circumstances or at any cost, to participate in a television program. I understand the motion-picture studios, who made sound film and had such film they were willing to lease to us, or rent to us, or sell to us, were deprived by some condition in their contract with the musicians' union which prohibited the sale to or the use by television stations of any film on which any music was had. Mr. MCCANN. Do you have a copy of the letter of notification that was given to you with respect to the withdrawal of the right of musicians to play for a television program? Mr. WEISS. I have that somewhere in the files. If you will permit me to submit it later as a part of the record, I will be glad to furnish it. Mr. MCCANN. I wish you would, so we may have the date on which this order from Mr. Petrillo terminated the right of any television station to use live music. Will you please note in the record that, when received, that letter will be marked "Exhibit No. 15," and reproduced in the record. (The letter referred to is as follows:) MUSICIANS MUTUAL PROTECTIVE ASSOCIATION, DON LEE BROADCASTING SYSTEM, LOCAL 47, A. F. OF M., Los Angeles 28, Calif. GENTLEMEN: We are just in receipt of the following notice from the American Federation of Musicians: "By order of the international executive board members of the American Federation of Musicians are not permitted to play for televișion in any form until further notice." Very truly yours, PHIL FISCHER, Radio Representative. Mr. KEARNS. Mr. Weiss, in connection with this television band, has your counsel ever ruled on the legal phase of that, whether or not it is the edict of Mr. Petrillo's labeling, giving the orders to restrain trade? Mr. WEISS. We have discussed the matter with our counsel, both here and in New York, on a number of occasions. And with all due deference I should like to make this point clear: That our relationship with Mr. Petrillo, and through Mr. Petrillo with the American Federation of Musicians, has been outside of the law. We realized the helplessness of the broadcasting industry under the despotic control of one man, which, in fairness to the men that comprise the American Federation of Musicians, I should emphasize, does not reflect their feelings, of those that I have been privileged to talk to, because in these instances where orchestras have been yanked networks and the American Federation of Musicians, there is no assurance that the federation will not cause a work stoppage in the radio industry after January 31, 1948, when existing contracts expire. 17. The Chicago local of the American Federation of Musicians, of which James Caesar Petrillo is president, has been a bellwether in the exercise of tyrannical, racketeering labor practices. This organization, which has forced religious institutions and public schools to pay tribute into its treasury, has not even gone through the form of collective bargaining in dealing with business institutions. It has made peremptory demands upon the owners and operators of theaters in that city. For many years prior to Labor Day, 1945, it was impossible for Chicago theaters to secure the services of musicians in legitimate theaters, when musical shows were presented, unless an agreement was signed with the Chicago local in advance of Labor Day of each year obligating the theater operator to employ a minimum of four musicians whenever the theater was open, regardless of whether musicians were needed. In a great many instances the theater was presenting a dramatic show which required no musicians and musicians were not wanted, either by the producer or the operator, nevertheless their services were forced upon the operator by the threat that he could have no musicians when a musical show was presented unless he employed a minimum of four musicians. Shortly before Labor Day, 1945, the Chicago local arbitrarily demanded that the number of musicians be increased from four to six men for dramatic shows. Again the operators protested, but to no avail, and they were obliged to engage and pay for the men; otherwise, they would have been unable to present musical shows. Prior to Labor Day, 1946, the Chicago local arbitrarily demanded that the number be increased to eight, and since that time eight musicians must be employed whenever any of the theaters are open. The condition was particularly unbearable in theaters which are traditionally known as dramatic attraction houses. These theaters in Chicago have limited capacities and are not suited to the giving of musical shows, nevertheless they were forced to engage the musicians. In two such theaters the management of each has been obligated to expend over $50,000 for musicians whose services were not needed or wanted. 18. The American Federation of Musicians has held back the technological development of radio by denying to FM stations the right to broadcast live music or duplicate over AM and FM stations, and by requiring all movie producers to sign a contract which provides that they shall not sell, lease, etc., any music sound track containing recorded music made by members of the federation or scenes showing members of the federation performing on musical instruments. and extortion methods, require the broadcasting industry to pay tribute probably much in excess of $20,000,000 a year for peace against these boycotts, strikes, and threats. The broadcasting industry has been surrendering to these demands for tribute to avoid the greater losses that would result from failure to comply (Rept. No. 1508. 79th Cong. 2d sess.-Les bill). 5"1. 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." |