NATION~IIAL RE COVE RY ADMNI~NI STRATI ON
CODE OF FAIR COMPETITIONS~
LEGITIMATE FUIL LENGTH
DRAMATIC AND MUSICAL THEATRICAL
For sale by the Superintendent of Documents. W'ashington, D. C. - Price 5 cents
Approved Code No. 81-Amendment No. 1
Registry No. 1748--04
AS APPROVED ON OCTOBER 22, 1934
WE DO OUIR PART
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Approved Code No. 8--Amenrdment No. 1
AMENDMENT` TO CODE OF FAIIR COlMPETITION
LEGITIMAR~PTE FU~ LL IENGTIH[ DR~AIMATIC AND
MUSICAL TH~IEAl~iTRCICA IND~USTRYli
AQs ~Approved on October 22, 1934
AMiENDED CODE OF EIAIR COMPETITION FOR THIE L-EGITIMACTE FULL
LENGTH DRAMAITIO AND ~MUSIOAL THEAETRICAL INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an Amended
Code of Fair Competition for the Legitimate Full Length Dramatic
and 1Musical Th~eatrical Industry, and hearing having been duly held
thereon and the annexed report on said Amenmded C~ode, containing
findings with. respect thereto, having been made and directed to the
NOW, T~H[EREFiORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
iyvested in it b~y ]Executive Orders of the President, including
Executive Order No. 6859, and otherwPise, does hereby incorporate
by reference said annexed report and does find2 that said Amlended
Code complies in all respects with the pertinent provisions and will
promote the policies and purposes of said Title of said Alct; and does
her~eby order that said Amended Code of Fair Competition be and
it is hereby approved; superseding, upon its effective date, the Code
of Fair Competition for said Industry approved upon the 16th dlay
of August, 1933; subject to the following condition:
(1) The following named persons are hereby appointed to serve
without expense to the Administration as representatives of the
interests of the theatre mtlanagers, the theatre ticket brokers and the
consumers, to study the operation and effect of Article VrIII, of said
~Amended Code; to determine whether said provisions fully effecturate
the purpose contained in said Article; to receive and study all recom-
mendations and amendmre~nt s designed to effectuate said Airticle; anld
to make a report and rcromlmendaltions basedi on thte results of its
investigations to the Niational Industrial Recovetry) Board wiithin
sixty (60) days of the date hereof :
L~ee Shubert, 225T West 44th Street, Newl York, N. Y.,
B~rock Pemlberton1, 251 WT~est 45th St reet, N~eF IY-ork, N. Y.
William MfcIr~ice, 1493 Broad way, New York, N. Y.
Mlorris; Ro.-enstionl, C'09 Wiest 42ndl Street, New York, N. Y.
Paul Shields, 44 Wiall Street, New -York, N. Yl~.
Philip WCTitte:nbIerg: 70 West 40th Stree-t, New Ytork, N. Y.
NATIONAL INDSTR~~IA~r L PrECO\ER' IJOARD)
By S. CLAY WITLLIAMS, Ch20/7'm~lgl.
ApprovalR recommended :
SOL, AC. RoseTnturLT,,
Division2 Adm~li nist lrator.
WASmaroxlN D. C.,
October BS, 193.1.
REPORT TO TH'E-E PRESIDENT
The W7hite H9outs.
SIR : Th']is is the report of the National Industriatl 1Recov~ery Board
on the application for public hearing on a Code of Fiair Comlpetition
for the Legitimate, Full Length Dramatic and Musical Theatrical
Industry, conducted in the Carlton Room of the Carlton H~otel in
Washington, D. C. on M'arch 28, 29 and April 10, 1934. Every per-
son who requested an appearance was freely heard in accordance
with statutory and regulatory requirements set forth in the National
Industrial Recovery Act.
This Code on the effective date will supersede the Code for thne
named Industry which was approved by you on August 16j, 1033.
The National A~ssociation of the Legitimate Theatre, Incorp~ora~ted,
and the League of New York Theatres, Incorporated, claim to repre-
senlt mor~e than ninety-five percent of thne employers managing or
owning legitimate theatres or managing or producing full length
dramatic or mu~sica~l plays. The National Dramatic Stockr Associa-
tion claims to have on its roster more than sixty percent of the per-
sons enga''ged in the maInag~remlent or production of full length
dramatic or musical stocks plays.
Risvai~r o CO;DE PROVISIONS
This Code wRhich will super~sedle the Code approved A~ugust 16,
193'3, servets the interest of labor by an upward revision of minimum
wagres.and thle insertion of max~1i nunl hour provisions for employees
not heretofore embraced, will m-inimize explanations and interp~re-
tationsn and will aidc a7ny pla~n olf e~ffectualtingr self government within
The following is an analysis of the various provisions of this Code
as compared to the Code approved August 16, 1933, which it will
For the ~first time in the history of the legritimaltel theatre there is
a limit to the rehearsal period. No actor or member of the chorus
is permitted to rehearse more than eight consecutive hours a day
or seven hours a day, respectively. Tjhe rehearsal pr~ovision is re-
laxedl nevertheless during the sevencl days preceding the first public
Watchmen, clerical and office employees and scenic artists are now
limited- to a maximum. hour wo~rk week and protected by a minimum
w\age. Aill labor emplloyed in the Industry is nowr protected by
mInIRmum wages and maxn umsii ii hours.
There has been an upward revision of mlinimnum wages paid to
actors w;Cho have had less thanr two years' th'lentriedl experience.
Some of the actors in this elnscification will receive seventeen and
two-thirds percent incr~ense in w~ages \even if they are paid only the
Classification of minimmum w\ngels in relation, to the size of the city
in which the stock company production is carried on is :now elimi-
Company managers receive a twentyf per~cent increase in the mini-
mum wnge along with stock'l company t reasu rer~s, while stocks com~pany
managers receive a thirty-seven and one-half percent increase in the
The minimum hourly rate for an usher, ticket taker, scrub woman,
theatre atte~ndant, porter or any other employee is increased by
twe~nty-five percent. This provision also demands that time and
one-half thle hourly rate of pay: be gie oteabv ae m
ployees for every hour worked in excess of seven hours in any one
Employees working in a cooperative production. are benefitedl by
a provision wRhich guarantees the same minimum wage specified for
emlployees working in a regular production.
GENERAL LABOR PROVISIONS
It is provided that where more stringent reqyuirements as to the
age of employees and working conditions are provided for by exist-
ing State! and Federal statute, such statute. shall supersede that
section in the Code.
An employee is pro~etecte from being dismissed or demoted by
reason of making a.com~plaint or giving evidence with respect to an,
alleged~ vPiolation of the Code.
Employers are prohibited from withholding wages and exacting
The interest of the employee is very well protected by Code Au-
thority representation. It is specifically provided that with a Code
Authority of twelve, six shall represent the various labor groups
within the Industry. In addition to the membership of twelve on
the Code Authority, it is also provided that there, may be appointed
two members whose duty it shalll be to safeguard the interests of the
conlsumler and an Admimistration. Member.
In order to minister the provisions of the Code more effectively
it is prro-vided that reg~ional code authorities may be organized.
TRADE: PRACTICE RULES
The Trade 1Practice Rules were clarified to minimlize explanations
and interpretattionls of provj\isions.
It is recognized that some of the methods and practices employed
in the distribution and sale of theatre tickets have heretofore resulted
in evils and abuses. After months of study, ticket provisions which
should eliminate these abuses have been. incorporated in the Code.
As a prerequisite for handling: tickets under the Code, a tickiet
agent must be licensed by the Codue Authority. No ticket agent may
use any subterfuge in his business dealings with members of the
Industry and the public. Each ticket agent must also post a bond
before thne license is granted and the bond is subject to forfeiture if
after due hearing the Code Authority should find the agent guilty
of an infraction. T'he ruling of the Code Authorityr is, howevercl, sub-
ject to the diisa~pproval of the Nationlal Industrial Recovery Board.
It is provided as before that each. producer be required to keep
twenty-five percent of his tickets in the box office for public sale.
No agency is allowed to charge more than seventy-five cents in excess
of the regular or box office price of tickets nor can any agency sell
the tickets of a producer w~ho has been found guilty of violating the
Code ticket provisions.
The Deputy Administrator in his final report on said Amendments
to said Code having found as herein set forth and on the basis of all
the proceedings inl this matter the National Industrial Relcov,\ery
Board finds that:
(a) The amendment to said Code and the Code as amended are
wciell designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow\ of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action of labor anld management under adeqiuate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily requiredd, by in-
creasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improving standards o~f labor, and by otherwise
(b) The Code as amended complies in all respects with th~e perti-
nent provision of said title of said act, including without limitation
subsection (a) of se~ction. 3, subsection (a) of section 7 and subsec-
tion (b) of section 10 th~ereof.
(c) The National Association of the Legitimate T~heatre, Incor-
porated and the ILeague of New York Theatrecs, Incorporated were
and are industrial associations, truly representative of the afore-
said Industry and that said associations imposed and imposes no
inequitable restrictions on admission to memberships therein and have
consented to this Amendment.
(d) The amendment and the Code as amended are nlot designed
to anrd will not permit monopolies or monopolistic practices.
(e) The amnendmnent and the Code as amlended are not designed
to and will not eliminate or oppress small enlterpr~ises and will .not
ope-rate to discr~iminate against them.
(f) Those engagedc inl other steps of the economic process have
not been deprlived of thec right to be heard prior to app~roval of said
For these reasons this amendedc 'Code has beenl approedl.
For the Nart~ional Industrial Recove~ry Board:
S. Con- WNILLIAMIS,
OcTOBrEP. 22, 15)31.
AMENDED CODE OF FAIR COMPETITION FOR THE
LEGITIMATE FULL LENGTH DRAMANLTIC AND MUI-
SICAL THEAT~'IRICAL INDUSTRY
To effect the policies of Title I of the National Industrial Re-
cov~ery Act, this Code is established as a Code of Fair Competition
for the Legitimate Full Ltength Dramatic and Musical Theatrical
Industry, and its provisions shall be the standard of fair competi-
tion for such Industry and be binding upon every member thereof,
superseding the Code of Fair Competition for this Industry ap-
proved on the 16ith day of August, 1933.
AnnormL II -DTEFINTI~ONS
1. The term "( Legitimate Fiull L-engrth Dramatic and ~lfusicazl The-
atrical Industry ", or Industry ", as used herein, includes all activi-
ties normally related to the production and presentation of full
length theatrical performances of dramatic and musical plays and
does not include grand opera, ballet, vaudeville, presentation, ama-
teur theatre, rep show, tab show, tent show, wagon show,
chautauqua, showboat, burlesque, or motion or sound picture per-
2. The term stock or stock companies as used herein include
(a) legitimate theatrical performances of dramatic or musical plays
previously produced which are changed at frequent regular intervals
and rendered byT a resident company of actors; and, (b) the occa-
sional performance for a limited time of plays not previously pro-
duced; and, (c) the interchange between two or more theatres of
stock or stocks companies commonly known in the Industry as cir-
cuit or "L rotary stock."
3. The term. "L member of the Industry includes but without lim-
itation any individual, partnership, association, corporation or other
form of enterprise engaged in the management or ownership of
th~eatre1s presenting, or the! management oor production of, full
length dl~ramatic or musical plays, whether so engaged directly or
indirectly or through agents.
4. The term ": employee as used herein includes any and all per-
sons engaged~t in the Industry, however and by whomnsoever
5. The ter-m employer as used herein, includes anyone by whom
such employee is compensated or employed.
6. Actors shall be~ classed as J~uniors and Seniors. An actor shall
be classed as Junior for two years after his ~first public perform-
ance in a legitimate or stock production; thereafter such actor shall
be classe!d as "L Senior ".
92885 0--1244-82-34-1-2 (71
7. T~he terms "L Ptresident ", "Act "", and "L Board "' as used herei-n
mean respectively the President of t~he U7nited State~s, Title I of the
National Industrial Recovery Act, and the National Industrial
8. Population for the purposes of this Code shall be determined by
reference to the latest Federa~l Census.
1. No actor or member of the chorus shall be permitted to work
in excess of forty (40) hours in any one week exccept as hler~einafter
2. No actor in a dramatic play shall be permitted to rehearse during
re~hen rsal period more than a maximum of eight (8) hours a dlay,
one (1) hour of which shall be free time for lunch or dinner. The
eight (8) hours shall be consecutive awnd shall commence with the
time of rehearsal call for each actor. Tlhe limitations imposed by
th~is section shall not apply during the last seven (7) days of re-
hearsal nor after the first public performance. Employers shall
not abuse this rehearsal privilege.
3. N)Io actor or member of the chorus in a musical play shall be~
permitted to rehnearse during rehearsal period more than a; m~aimumn
of severe (7) hours a day in any period of ten (1_0) consecutive
hours commencing with the time of rehearsal call for each actor or
member of the chorus. The limitations imposed by this section shall
not apply during the last seven (7) days of rehearsal nor after the
first public performance. Employers shall not abuse this rehearsal
4. No theatrical stage employee, motion picture machine operator,
electrical worker, engineer, fireman, porter, oiler, or house treasurer
shall be permitted to work in excess of forty (40) hours in any one
w~eek; provided, however, the maximum hours herein established
shall not apply to members of road crews, except that theatrical
wardrobe attendants shall not be p~ermlitted to work in excess of
forty-eight (48) hours in any one (1) week, nor in. excess of eight
(8) hours in any twenty'-four (4 hour period; anld further pro-
vided that where, under any labo agreement between any member
of the Industry and any Union or its locals, heretofore entcr~edt into,
the hours of labor as of July 1, 1933, were less than the maximum
hours per weekr provided in this section, thne hours provided inl suceh
agreement shall be the maximum.
5. No -watchman shall be permitted to work in excess of fiftyr-six
(56) hours in any one (1) week nor more than six: (6) days in' anyT
one (1) week.
6. No personr employed in clerical or office work who is paid less
than thirty-five dollars ($35.00) per ~week shall be permitted to work
in excess of forty (40) hours in any one (1) w~eek or eight (8) hours
in any one (1) day, provided, however, thatt in case of special neces-
sity the maximnum hours herein specified may be exceed~ed~, provided
that one and one-half (11/2) times his normal rate of pay be paid
each employee for all th~e time worked in excess of forty (40) hours
in any one w\reek: or ei;;ht (8) hours in anyT one (1) dayS.
7. No scenic artist shall be p~ermitted to work in excess of thirty-
two (32) hours in any one (1) week. This Ahrticle shall not apply
to chanrgemen who are paid se~vent~y-five dollars ($75.00) or more
8. N~o usher, ticket takler, scrubwoman, theatre attendant, or any
other employee not otherw'nise specifically provided for in this Article,
shall be permitted to work in excess of thirty-five (35) hours in any
one (1) week or seven (7) hours in any onre (1) day; provided, how-
ever, that in no caset shall an employee be permitted to work in. ex-
cess of the maximum hours herein provided except that he be panidj
one and one-half times his normal rate of pay for all hours worked
in excess of seven (7) hours in any one (1_) day atnd thirty-five (35)
hours in ainy one (1) week.
9. Special resident summer season companies giving performances
between the 15th of June and the 15th of Septem~ber in theatres,
barns, halls, or other buildings which are not situated in villages,
town~s or citi es of more than 30,000 inhabitants and which do not by~
their location come into direct competition with. a legitimate stock
company: or legitimate theatre open in the summer, are excepted from
the prov'siolns of this A~rticle.
10. By reason of the professional character of their employment,
the maximum hours of employment of employees performing the
duties of musicians shall as heretofore be established by prevailing
labor agreements, understandings or practices.
ARTICLE IV W-~AGES
1. No Senior Actor shall be paid less than the following rates:
where the prevailing top box office price of the theatrical attraction
is four dollars and fifty cents ($4.50) or more, the minimum wage
shall be fifty dollars ($50.00) per week; where the prevailing top box
office price of the theatrical attraction is four dollars ($4.00) or
more but less than four dollars and fifty cents ($4.50), the minimum
wage shalll be fort~y-five dollars ($45.00) per week; where the prevail-
ing top box, office price of the theatrical attraction is more than three
dollars ($3.00) but less than four dollars ($4.00), the minimum wage
shall be forty-two dollars and fifty cents ($42.50) per week; wcPhere
the prevailing top box offce price of the theatrical attraction is three
dollars ($3.00) or less, the minimum wage shall be forty dollars
($40.00) per week.
2. No Junior Actor shall be paid less than the following rates:
where the prevailing top box ofie price of the theatrical attraction
is four dollars ($4.00) or more, the minimum w-age, shall b~e thirty
dollars ($30.00) per week; where the prevailing top box office price
of the th~eatrical attraction is more than three dollars ($3.00) but
less than four dollars ($4.00), the minimum wage shall be twenty-
seven dollars and fifty cents ($27.50) per week; where th~e prevailing
top box office price of the th~eatricazl attraction is three dollars ($3.00)
or less, the mmimnum wage shall be twenty-five dollars ($25.00) ~per
3. No member of the chorus in a musical production shall be paid
less than thirty- dollars ($30.00) per w~eek, nor less than thirty-five
dollars ($35.00) per week when, engaged by a tfravelinga company.
4. An actor or chorus member in a, stocked company production shall
not be paid less thnan the rate as hereafter in this section provided:
(a) Actro~.--Not less than six actors regularly employed in the
stock company shall each be paid not less than forty dollars ($4l0.00)
per w-eek; other netors, exceluding local jobbers not Senior Actors,
shall be paid a minimumll wage of not less than twenty-6bive dollars
($25i.00) per week. Senior Actor local jobbers shall be paid not less
than forty dollars ($40.00) per week.
(b) Chorus.--In a company operating for any time during the
perod romMay31 to Labor D~ay in any y~ear, no member of the
chorus emnployed bya tccopnshlbepilsshntwt-
five dollars ($25.00) per w~eek where the highest admission price is
one dollar ($1.00) or less; and thirty dollars ($30.00) where the
high~re-t n Jmlissionl price is more than one dollar ($1.00); and in a
company operating during any other period in the year, thirty dol-
lars ($;30.00) per wPeek where the highest admission price is one dollar
($1.00) or less.; and thirty-five dollars ($35.00) per w~eek; where the
higihest admission price is more than one dollar ($1.00).
5. A-t the end of two weeks of rehearsal, a full wneek'?s salary shall
be paid as an advance to all actors and members of the chorus en-
gag~ed a~t a wage of one hundred dollars ($100.00) a weekz or less;
and for the first and second wseek~s of production half salaries shall
be paid to such actors and members of the chorus.
6. No theaztiricanl stage employee, motion picture machiine operator,
electrical w~ork~er, engineer, fireman, oiler, or any other skIilled mne-
chanic or theatrical wardrobe attendant shall be paid less than at the
rate of thirty dollars ($30.00) per weekr for eight (8) performances,
or forty (40) hours per week.
Where, under any labor agreement between, any member of the
Ind~-ustr~y and anyr union or its locals, heretofore entered into, the
wagecs as of July 1, 1933, were more than the minimum wCages per
wreeke provided in this section, the wages provided in such agreement
shalrl be th~e minimum.
7. No companyl manager shall be paid less than fifty dollars
(~1I($0.0) per wveekr and no house treasurer shaUl be! paid less than forty
dollars ($, 40.00) per w~eek. When enngaged with a stock companny, no
coni~'~lS ny manager shall be paid less than forty dollars ($4l0.00) per
ws~eeki 3nd- no house treasurer shall be paid less than thirty dollars
($30.00) p~er weekr.
8. No watchman shall be paid less than, thirty cents (30d) per hour.
9. No usher, ticket taker, scrubwoman, theatre attendant, porter,
or any other employee not otherwise specificallypoiefr in this
Article, shall be paid less than forty cents (40$) perpoie fohour.
10. No press representative stationed in any particular locality
hlnl be paid less than fifty dollars ($50.00) per week and no traveling
press.i 2epresei~cntative shall be paid less than sevenity-five dollars
(7;5.00)) per wieekl. No press representative of a stock company shall
be paid less than twienty-five dollars ($25~.00) per week- for rendition
of exc~lusive services to thec employer.
11. No scenic artist shall be paid less than twc9o dollars and twrenty-
five cenlts ($9~.95) per hour.
12. Spe'cial resident sumlnmer season companies giving perform-
anlces between thle 15th of June and the 15th of September in thea-
tres, barns, halls, or other buildings which are situated in villages,
towns or cities of less than 30,000 inhabitants and which do not
by their location come into direct competition with a legitimate stock
company or legitimate theatre open in thre summer, are excepted from
the operation of this Article.
13. In all cooperative productions the guaranteed minimum wages
for all employees shall be those prescribed in. this Code.
14. By reason of the professional character of their employment,
thne minimum wage of employment of employ.;lees b performingth
duties of musicians shall as heretofore be estblhebypviln
Inbor agreemnents, understandings or practices.
ARTICLE V--GENERAlL LABOjR PROVISIONS
1. No person under sixteen (16i) years of age shall be employed
in the Industry, provided, however, that with the consent of t-he
proper Go~vernmental authority an actor under the age of sixteen.
(16) years may be! engaged to fill a role especially written for a child
actor or to fill a part requiring the services of a child ::etor. In any
State any employer shall be deemed to have complied with this pro-
vision as to age if he shall have on file a certificate or permit, duly
signed by the authority in such State empow\Tered to issue employ-
ment or age certificates or permits showing that the employee is of
the required age. No person under eighteen (18) years of age shall
be employed at operations or occupations which are hazardous in
nature or da~ngercus to health. The Code Authority shall withiin
ninety (90) days from the effective date of this Code submit to the
Board a list of operations or occupations which tare hazardous in
nature or dangerous to health.
2. (a) Employees shall have the right to organize anld bargain
collectivelyn through rep!resentativess of their own chloo~sing,' and shall
be free from the interference, restraint or coercion of employers of
labor, or their agents, in the designation of such rep~rsentati ve~s or in
pelf-organization or in other concerted~ activities for the purpose of
collective bargaining or other mutual aid or protection;
(b) No employee and no one seeking employment shall be retquired- l
as a condition of employment to jomn any company union or to
refrain from joining, organizing, or assisting a labor organization
orf his own choosng;CT and
(c) ]Employers shall comply with the maximum hours of labor,
minimum. rates of pay, and other conditions of employment alpprove~d
or prescribed by the President.
3. There are a number of rules and regulations presently exist-
ing in respective or cojllective ag~rreemets between the emHploys.'- and
their organized employees. The employers and employeesc pledge
themselves to work for a readjustment of any and all conditions or
rules or regulations which prove either to result in prohibitive pro-
duct ion cost or in any loss of emp-loyment among all the employees
of thne employers.
4. Each employ er shall provide for the safety andhearemlthof his
employees dturingr thne hours and at the places of hi mlyet
Standards for safety and health shall be submitilted by the Code
Authority to the Board within six (6) months after the effective
date of the Code. WIrhen sulch standards~ are approved by the Boanrd,
they shall bllrclome part of this Code and shall be enfor~ceable, as such.
5. No provl\isions in this Code shall supLrsede any State or Federal
Laaw which imposes on employers more stringent requirements as to
age of employeesc, wag:les, hours of workz, or as to safety, health,
Sanitary' or general wo.,'~ilrkn ondCitio~nS, or inlsuranIce, or ~fire pr~lotec-
t~ion, than are imposed~i by this Cod.e.
6. No emplolIyee shall be0 dismiissedc, dtemloted or otherwFise discr~imi-
nated against by reason of making a complaint or giving evidence
wvit~h rspcrt to atn allreged violation of this Code.
7. All emnployers shall post and keep posted complete copies of this
Code in consp~icuous places readily aiccessiblec to employees ini the
course of their employment. Every member of the Industry shall
comply wvithr all rules and regulations relative to the posting of pro-
visions of Codes of ~Fair Competition which may from time to time
be prescribed by the BEoard.
8. An employer shall make payment of all wages due in lawfull
currency. Such wages and salaries shall be exempt from any
charges, fines or deductions, or payments for pensions, insurance or
sick benefits other than those voluntarily paid by the wage ear~ner
or required by law. No employer shall withhold wage~is. No em-
ployer or hnis agents shall accept any rebates directly or indirectly
on wages or salaries.
9. ]Employers shall engage actors, except where they themselves
employ such actors directly, onliy throughageoncisrcgie y
and acceptable to, the Actor' qiyAscain
AnaLRTcra VI--ORGANIZATI;O N, POWERS AN)D UTIES OF THIE CODE
OIRGANrIZATION AND CONSTITUTION
SeC'Trow 1., A Code ~AuthorityT is hereb~y esta~blishedl consisting~ of
twelve (12) or more persons to be selected in the follow~ingr manner:
T'he N~ational Association of the Leg1itimateo Theatre, DInc., shall
select three (3) duly authorized re~tpl:sresntatives; the Leag~ue of
NewP 'Yor~k Theatres, In~c., shall select three (3) duly authorized
represe~'" ntatives. W~hen any question involving stock production is
to be considered, thle NationnI Dramatic Stock Association may hav~e
two (2) rcpre~sentatives who shall replace, for the purpose of voting;,
one (1) represe~lntativ from the Natiornal Associat~ion of the Legits-
mate' Theatre, Inc., and one (1) represec~rntaitive from. the Leagrue of
New Yorki Theantres, Inc. When any ques.-tion involving ticket dis-
tribution andi tickret agn~rc~iie is to be constidlered, one (1) repre~tsenta-
tive from the Nationa~l Theantr~e Ticket Distributors, Inc., andX one (1)
represei~ntative from the Theatre T'icket Brokrers Association of
Greater New Yorki shall become and be additional mnemnbrs of the
Code ACSuthorityr, for the d~eterminlationl of sulch questions. Thlere
shall be selected~ one duly authorizedc representativlti~e each from Ac-~tor's
Equity ASssociation, Ch'iorus Equity lAssociation, the Inter~natio~naI
Ailliannce of Theatnrical Stagre Emp~loyeecs andr Moving Pieture Ma-
chine Operntor-s o~f Unitedl Atates and Can~nada, nwriecnn Fedreration
of Musicians,. ofL cthe UnTed:c. States.,, and anad,ll United Scenic Artists
of Amecrica, and one representative from the group of employees nlot
hereinbefore embraced to be appointed by the Board upon nominat-
tionn by the Labor AQdvisory Board.
SECTIION 2. In addition to membership, as above provided, there
may be two (2) members without vote whose duty it shall be to
safeguard the interests of the public, to be appointed by the Board,
and one (1) member without vote to be known as the AQdministra-
tion lifember to be appointed by the Board to serve for such term
as it may specify.
SECTION 3. Each trade or industrial association e~ngaged(. in the
Industry as a member or as an employer or in the disposit~ion of
tickets, which, directly or indirectly participates in the selection or
activities of the Code Authority shall (1) impose no inequitable re-
str~ictions on membership, and (2) submit to the Board true copies
of its Articles of Association, By-Laws, regulations and any amndlci-
ments wFPhen made thereto, togetlther with such other informaltionl as
to membership, o~rganiza~tion, and ac~tivities as the Board mnay deemn
necessary to effec~tuatei the purpose of the Act or this Code.
SEC'TIO)N 4. In order that the Code Authority shall at all times be
truly representative of the Industry and in other respects comply
with the provisions of the Aclit, the Board may prescribe such hear-
ings as it may deem proper; anld thereafter if it shall find that the
Code Authority is not truly representative or does not in other re-
spects comply wlith the provisions of the Act, it may require an
appropriate modification of the Code Authority.
SECTION 5. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose. NPor
shall any member of the Code Atuthority- be liable in any manner to
anyone for any act of any other member, ofmcer~, agent or employee
of the Code Authority. Nor shall any member of the Code Author-
ity exercising reasonable diligence in the conduct of his duties here-
under, be liable to anyone for any action or omission to act under
this Code, except for his owCn wilful marlfeasnc-: ne or non-feasa~nce3.
POWERS AND) DUTIES
SECTION 6. Su-bject to such rules and regulations as may be issued
by the Board, the Code Aulthority shall have the following powers
anld duties, in addition to those authorized by other provisions of
(a) To insure the execution of the provisions of this Code and
to provide for the comnplinnee of the Indu~stryS with the provisions of
(b) To adopt. by-laws antd rules and regulllations for its procedurel~
subject to the approval of the Board.
(c) To obtain from mnembers of the Ind~uctry; sulch~ info~rma:tionl and
reports as are required for the admrlinis:~tration of the Code. In addi-
tion to information required to be subm!itted' to the Code Authority,
members of the Industr~y subject to this Code shall furnish such
statistical information as the Board may deem nel(c; -oryS for the
p~urposesi re~citedl in Section 3 (a) of the Act to sulch Federa~l and
State Agrencies as it many designarte; provided that nothingr! in this
Cod-e shall relieve any mnembe;r of the ~Indusl-try~ of any existingT obli-
gations to furnish reports to any Gover~lnment agnb' cy. No individual
report shalnl be disclosed to anyT other memlber of thle Industry or any
mother pa"'trt ec'ce't, to such other Govcnlernment agenexes as may be
directedcl by the Board.
(dl) To ae~c such Itrade associations or other orgraniza.tions and
other agenCIesC as it deepms: proper for the3 crsrry;ngr out of any of its
activities prcvided for herein, pro~videdr thant nothing herein shall
r3eliev\e the Code Authority of its duties or rcsp~onsibjilitie s ulnder this
Code and that such trade as~sociationls and agencies shall at all times
be subject to and com~ply with the provisions hereof.
(e) To make r~ecor~mmendations to the Board for the coordina- e
tion of the administration. of this Code with such other Codes, if
any, as may be related to or affect members of the Industrly.
(f) 1. I~t h~eing found necessary mn order to support the adminis-
tration of this Code and to maintain the standards of fair com-
petition e.s~tablli.shedl hereunder and to effectuate the policy of the Acct,
the Code Authiority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out of
funds w-Fhich may be raised as hereinafter provided and which shall
be held in trust for the purposes of the Code;
(b) To submit to the Board for its approval, subject to such, no-
tice and opportunity to be heard as it may deem necessary (1) an
itemized budget of its estimated expenses for the foregoinga pur-
poses, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
(c) A~fter such, budget and basis of contribution. have been ap-
proved by the Board, to determine and obtain equitable contribution
as above set forth by all members of the Industry, and to that end,
if necessary to institute legal proceedings therefore in its own name.
2. Each member of the! Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the! Code Au-
thority, detteIlnrmed as hereinabove provided, and subject to rules
and I~~reglat~ions perltaining thereto issued b~y the Board. Only m~em-
bers- of th~e Industryr complying with the C~ode and( contributing to
the expenses of its adlmimstration as herecinabo~rv e provided, (unless
duly exempltedl fromt makiingr such conrtr~ibuationrs) shall be e~ntitled to
participate in the selection of mIem~bers of the Code A1Cuthorityr or
to receive the honellfits of any of its voluntary activities or to ma~:ke
use of any emblem or insignia of the N~ational Recovery3 Adminis-
tration, and in. the event the member of the Inlustr~y is also a
membercr of thec Code Authority, to participate in the deliberation alnd
decisions of th~e C'ode Authorit~y.
3. Thle Code Authority shall neither incur nlor pay3 any obtligationl
suibstantially in excess of the amount thereof as es-tima~ted in, its
approved budg'let, and shall in no event exceed the total amount coln-
tained in the applroved budget, except upon appr~oval of the Board;
and no subsequent budget shall contain any dleficincy item for ex-
penditures in. excess of prior budget estimaltes except those which the
Board shall have so approved.
(g) To app~oint a Trade Practice Committee which shall mleet
with the Trade Practice Commlittees applointedl under such other
Codes as mlay be related to the Industry for the purpose of formu-
latingr fair trade practices to govern the relationships between em-
pyers under this Code and under such other Codes to the endi that
such fair trade practices may be proposed to the Board as amnend-
mlents to this Code alnd such other Codes.
(h) To provide appropriate facilities for arbitration between.
employers and, subject to the approval of the Board, to prescribe
rules of procedure and rules to effect compliance wcith awards and
(i) To recommend to and consult with the B3oard concerning modi-
fcatioons of or ametndments to this Code, which shall become effective
as a, part hereof uponr approval by the Board after such notice and
hearings as it may prescribe.
(j) To recommend to and consult with the ]Board conlcerning such
adlmlnistrative interpretations of this Code as it may prlop'ose. Such
interpretation, upon the approval of the BEoard, shall become opera-
tive as a part of th~e Code.
(k) To recommend, if necessary, a uniform standard form of
contract with booking agencies for all legritimnate aIttractionls.
(1) To create regional code authorities composed of an equal
number of employers and employees in order to more effectively
applyr the provisions of this Code. Subject to the provisions of this
Code such r~egional code authorities shall have such authority and
shall act under such rules and regulations as ma~y be pres~tcr~ibed by
the national Code At5uthority.
GENERAL ADM]INISTRATIVE PROVISION
S~ECTIION 7. If the Board shall at any timne determine that anly
action of a Code Authority or any~ agency thereof may be unfair
or unjust or contrary to the public interest, the Board mayrequire
that surch action be~ suspended to afford an opporltunityfo inves-
tigation of the merits of such action and further consideration by
such Code Authorit,~y or agency pending final action wcchich shall
not be effective uness the Board approves or unless it shall fail
to disapprove after thirty (30) days' notice to it of intentions to
proceed with such action in its original or modified form.
Annor VTII--TRADE PRacTIcE RULES
Ruz 1. No member of the I~ndustryT shall publish advertising,
whether printed, broadcast or displayed, w\\hich is misle~ading or
inaccurate in any material particular, nor shall any member in any
waLy misrepresent any services, policies or the nature or form of
the business conducted.
Rura 2. No member of the Industry shall aid, abet or assist in
therelaseor ismssa ofanyactor for the purpose of permitting
such actor to leave the castofn trconheplyn modr
to accept employment in motion pictures.
RULE 3. NO Blember of the Industry shall aid, abet or assist in
the released or dismissal of any author, dra mnt ist or actor employed
in rendering his exclusive services in connection with the produe-
tionr of a motion picture for thecr purpose of securing the services
of such author, dramatist or actor.
RULE 4. r~O .member of thle Industry shall aid, assist or partici-
pate in a buy". A1 buy is defined as a, pur~chase of tickts
either directly or through an intermediary, for commercial resale.
RISE 5. Insiofalr as members of this Industry can lawrfully lcon
trol the same, the motion picture of a currently playing legitme
attraction shall not be permlitted to be released until such attraction
has had the fullest opportunity to complete its run anld enjoy road
RurnL 6i. N~o member of the Industry shall aid or assist ini the dis-
tribution of "C throw-a ways ", or "C two-for-ones or any other form
of ticket or literature which. when presented at the theatre box-o~ffice,
together with an amount of money less th-an the regular boxz-office
price entitles the holder to theatre seats, unless the thowF-a~way "
ticket or literature plainly states the amount of money required and
the condlitionsu under whlich the seats mnay be purchased.
ARTICLE VIII-TICKET PROVISIONS
SECTION 1. The terms "Ag~ent or "'Agency as used herein shial
be deemed to include every person, firm, corporation or other form
of enterprise, including clubs, receiving for sale or selling theatre
SECTION. 2. T~heatre tickets or "' tickets '" as used herein shall be
deemed to include any and every form of evidence! of the right of
entry to a Legitimate Full Length Dramatic or Mlusical T'heatrical
SECTION 3. NO mlembller of the Industry shall consign, transfer or
deliver for sale any theatre ticket to any Agent, whoe shall not have
an eff~ctivec and unrecvoked L~egitimate Th'leatr~e Ticket Agency
Certificate duly issued by thne Code Authority as hereinafter
SECTION 4. The Code _Authority shall cause a, non-assi~gnable, re-
vokable Legitimate Thealtre Ticket Agency Certificate to be delivered
to any Agent wvho shall apply therefore and who shall
(a) Duly execute a written Agency Contra~ct on behalf of himn-
self, his agents, servants and employees in such form as may be
approved by the Code Authority and the Board, which shall contain
provisions that the Agent agrees
(1) Not to sell any theatre ticket in excess of the box office price
plus the sum of seventy-five cents and tax;
(2) To keep conspicuously posted in1 every establishment or place
of sale so that all persons visiting such establishment or place may
pro~eadly eethre nme, a price list, the form of which shall be ap-
proed y te Cde authority, showing the box offce price, ~Agent's
conun~issin and tax;
(3) N~ot to charge for any theatre ticket in excess of thze sumn so
listed or in. accor~dance wCith the provisions of sub-section (1) hereof,
whichever is the lower;
(4) Not to sell any ticket not conspicuously mlarkzed as providedl
in thie Inter~nal Revenue Laws of the United States, and -such rules
and regulations as may be or may have been promulgated there-
(5) To give, upon the request of any purchlaser, a signed and
atdreceipt showing the number of tickets sold, the name o~f the
theatre for which such tickets are issued and the total price, includ-
in tox. paid therefore;
(6) Not to engage in anyT form of subterfuge wihatsoever which
will frus~tratte the purposes of this Article;
(7) TIhat the Code Authority ma~y, at alny reasonable time, inspect
any alnd all ticket racks and books or records kept by such .Agent
with respect to tickets;
(8) N~ot to give or receive any commission, gratuity or bonlus in
connection with the sale or delivery of or payment for tickets, or in
connection withn the ticket business of such Agent, except as may be
per~mittedl in. thnis Article;
(9) Not to sell any tick~et of a member of the Industry wrho shall
have been found by the Board to have violated any provisions of
(10) T'hat the prin~cipal amozn~t of the bond giv~en. to secure such
Agency Contranct, as hereinafter provided, shall become immediately
due and payable to the Code AuLthorityl upon the deter~minatioln by
the Cod~e Authority that such Agent has broken, his contract;
(11) Not to establish or maintain any office, branch office or place
of business within. one hundred feet of anly theatre wsPithout the
wr~ittenl permlli~Sion of thne Code Au~thor~ity;
(12) T'hat the sale of any ticket not cons~picuously marked in ac-
cordance with the provisions of this Article, shall be deemed primna
facie evidence of a breach of such Agency Contract;
(13) To such further provisions as mlay from time to time be pre-
scribed by the Code Authority and approved by the ]Board, and
(b) Fiile with the Code Authorityp a bond in such formn, in, such.
reasonable amount, and with such surety or sureties as may be ap-
proved by the Code Aut(lhorityI and the Board conditioned on the
faithful, true and complete performance of the provisions of the
Agency Contract specified in this Article. Such bond shall further
provide that its principal amount as therein stated shall become imn-
mediately due and payable to the Code Authority upon the deter-
mination by the Code Authority that the Agent has broken. his
contract and that the Certificate of the Code Authority shall be con-
clusive proof of such breach with respect. to any and all sureties on
SECTIO~N 5. Each mlember of the Industry shall cause every theatre
ticket to be conspicuously marked showing the total box office price
and tax, and, in addition thereto, shall conspicuously mark every
ticket showing~ thne maximum amount to be paid when purchased
from an Agent.
S~Cenow- 6. Each member of thne Industry 'shall retain at least
twenty-five percent (2570) of the theatre tickets in all parts of the
theatre for sale at the box office for each presentation, which shall be
conspicuously marked to identify them as theatre tickets for sale at
the box office only, and shall not be deli~veredl to a broker for resale or
resold by such broker; and the pul~rchase by the broker of tickets so
marked sh~all be deemedr priman fa~cle evidence of a violation of the
prov-isions of this paragraph.
SECTION 7. NO n~mhemb of thle Indlustry shall givie or receive any
commission, gratuity or bonus in connection with the sale, delivery
or p'ossession of or payment for any ticket, or in connection with th~e
ticket business done by the A~gent.
.SECTIOro 8. No membe113r of the Industry shall aid, abet, assist or
pa3rticipate in the breach of any Agenlcy agreement ente~lred inlto pur-
suant to this A~rticle, nor shall any members of the Industry engage
in any form of subterfuge wha~tsoeverC1 which will frulstrateC thle
purposes of this Article.
SIECTION 9. The Code Authority may institute investigations of
and shall hear all evidence, with respect to any complaint of viola-
tion of this Article, including, but without limitation, the brecach
of any Agency Contract,andl after notice and hearing shall dleter-
mine whether such violation exists. Upon the3 determination that
any violation exists with respect to any Agent, the Code Authority
mnay suspend or revoke such Ag~fent's L~egitimlate Theatre Ticket
Agency Certificate, and may institute inl its own, name such legal pro-
ceed~ings~ as it may deemn proper on such Agent's Conltr~c~t, and/or
bond. Upon the deltermination that any violation exiists with respect
to any member of the Industry, the Code Authority may recommend
to the Board such further proceedings under thne Act as it deems
SECTION 10. The Code Authority may prescribe such rules and
regulations, subject to the approval of the BIoard, as it may deem
proper to e~fec~tuate the purposes of this Article.
SEGCTION. 11. The provisions of this Article shall apply only in such
Cities as may be designated by the Code A-luthority subject to the
approval of the Boardi.
SECTION 12. Any person aggrieved by anly determination of the
Code Authority may appeal to the Board. within seven days after
such determination and notice thereof and the decision of the Board
shall be final and binding on the parties involved.
SECTION. 13. If any provisions of this Article, or th~e app~liention
thereof to anly person, or circumstances, are held inva-lid, the re-
mnainder of this Article, and the application of such provisions to
other persons or circumstances shall not be affected thecreby.
1. This Code and all the provisions thereof are exp~r~e ly made
subject to the right of the President, in accordance with the provi-
sions of subsection. (b) of Section 10 of the A~ct, from time to time
to cancel or mnodify any order, approval, license, rule or regulation
issuedc under Tit~le I of said Act.
AtRTICLE X- ONl OPsoILI ES
No provision in this Code shall be so applied as to permit
monopolies or monopolistic practices, or to elliminate, oppr~less or
discriminate against small enterpr)iises.
AnaTerL ~XI- P nirrclrioN AGAINST' SUBTE~IRFUGCE
No members of the Imnustr~y shall use any subterfuge to frustrate
the spirit and intent of this Code, w\\hichl is, among other things, to
increase employment by universal covenant., to remove obstructions to
commerce, to shorten. hours of work: and to raise wages to a, living
A3RTrICLE: XII SAVING CLAU~SE
The promulgation of this amended Code shall not affect nor in
any wise impair or obstruct the imposition of any penalty, for-
feiture or punishmelnelt for offenses committed against provisions of
thle Code of Fair Competition for this Industry approved on the
116th day of August, 1933, during the period of its effective operation;
nor any investigation, 1egal proceedingf or remedy in respect of any
samuchl offnses nor any defenses thereto which might have been
lawull inerpsedundr said prior Code.
ARTICLE X~III-EF'EC'~TIVE DATE
Thl~is Code shall bcomelrt effective ten days after its approval.
Approved Code No. 8--Amendment No. 1.
Registry Nio. 1748-04.
UNIVERSITY OF FLORIDA
IPI III BII I IIIll11111111111111111111111I
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