Full text of Collective Bargaining by Actors : A Study of Trade-Unionism Among Performers of the English-Speaking Legitimate Stage in America : Bulletin of the United States Bureau of Labor Statistics, No. 402

View original document

The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.

U. S. DEPARTMENT OF LABOR
JAMES J. DAVIS, Secretary

BUREAU OF LABOR STATISTICS
ETHELBERT STEWART, Commissioner

BULLETIN OF THE UNITED STATES\
\T
BUREAU OF LABOR S T A T IS T IC S /......................1 1 0 .
M I S C E L L A N E O U S

A AO

S E R I E S

COLLECTIVE BARGAINING
BY ACTORS
A STUDY OF TRADE-UNIONISM
AMONG PERFORMERS OF THE ENGLISHSPEAKING LEGITIMATE STAGE
IN AMERICA

PAUL FLEMING GEMMILL, Ph. D.
Assistant Professor of Economics, Wharton School
University of Pennsylvania

FEBRUARY, 1926

WASHINGTON
GOVERNMENT PRINTING OFFICE
1926

ADDITIONAL COPIES
OF THIS PUBLICATION MAT BE PROCURED FROM
THE SUPERINTENDENT OF DOCUMENTS
GOVERNMENT PRINTING OFFICE
WASHINGTON, D. C.
AT

15 CENTS PER COPY

CONTENTS
Page

Chapter I.—The struggle for a standard minimum contract___________
1-21
Chapter II.—Accomplishments of Actors’ Equity Association through
collective bargaining_____________________________________________ 22-39
Security of employment_______________________________________
23-26
Continuity of employment_____________________________________
27, 28
Limitation of free rehearsals___________________________________
28-31
Pay for extra performances____________________________________
31, 32
The prevention of strandings__________________________________
32-34
Payment for costumes________________________________________
34, 35
Peaceful settlement of claims__________________________________
35-37
Collection of claims___________________________________________
37-39
Chapter III.—Organization, control, and affiliations of Actors’ Equity
Association_____________________________________________________
40-49
Affiliated unions....................................................................................
40-44
Organization and control of the Equity Association......... ................. 44-49
Chapter IV.— Chorus Equity Association— ________________________
50-54
Chapter V.—Effect upon the theater of trade-unionism among actors_ 55-62
Bibliography______________________________________________________
63
Appendix A.—Agreement and pledge of Actors’ Equity Association____
64, 65
Appendix B.— Agreement between Producing Managers’ Association and
Actors’ Equity Association, 1919__________________ ______________
66-69
Appendix C.—Producing Managers’ Association-Actors’ Equity Associ
ation minimum contract (standard form), 1919.... ............................ .
70-72
Appendix D.— Basic agreement between Managers’ Protective Association
(Inc.) and Actors’ Equity Association, 1924-----------------------------------73-78
Appendix E.—Actors’ Equity Association minimum contract (standard
form), 1924-------------------------------------------------------------------------------79-84
Appendix F.— Cases heard by joint arbitration board of Producing Man
agers’ Association and Actors’ Equity Association during 1923--------85, 86
Appendix G.— Hebrew Actors’ Union-----------------------------------------------87
Appendix H.— Constitution and by-laws of Actors’ Equity Association.
88-93
Appendix I.— Basic agreement between Managers’ Protective Association
(Inc.) and Chorus Equity Association, 1924_______________________
94-96
Appendix J.— Chorus Equity Association minimum contract (standard
form), 1924_____________________________________________________ 97-102

BULLETIN OF THE

U. S. BUREAU OF LABOR STATISTICS
n o . 402

WASHINGTON

F e b r u a r y , 1926

COLLECTIVE BARGAINING BY ACTORS
Chapter L—THE STRUGGLE FOR A STANDARD MINIMUM
CONTRACT
The Actors' Equity Association was the first organization in
America to undertake successfully to look after the business interests
of the English-speaking actor in the so-called legitimate1 theater.
The variety or vaudeville performer had been represented by two
business unions. The first, the Actors’ Protective Union No. 6453,
began its existence as a local organization, but in 1896 it was given
an international charter under the American Federation of Labor
and became the Actors’ National Protective Union; again, in 1909,
there was a change of name to the Actors’ International Union.
The second vaudeville organization was the White Rats Union,
which developed great strength in the- decade following its forma
tion in 1900. In 1910 the Actors’ International Union voluntarily
surrendered its international chartcr for the purpose of amalgama
tion with the White Rats under a new international charter issued
to the White Rats Actors’ Union of America. Both of these unions
were essentially vaudeville organizations, though they included in
their membership two small groups of legitimate actoss, those play
ing in Yiddish and German speaking theaters.
The nearest approach to a business union for the Englishspeaking actor in the legitimate field prior to 1913 was the Actors’
Society of America, and it had enlisted but little enduring enthusi
asm among dramatic performers. Lack of progress toward definitely
improving the lot of the actor resulted in loss of membership. By
1916 the Actors’ Society had ceased to function, and at that time 150
of its remaining members transfened their allegiance to the Actors’
Equity Association.
In the absence of a strong union of actors in the legitimate field,
business relations between manager and actor were of a purely indi
vidual character and their dealings were far from satisfactory. The
producing field had been invaded by managers whose interest lay in
profits rather than in dramatic art; while among the players, on the
other hand, were individuals who paid small heed to contractual ob
ligations when contracts might be broken profitably. This condition,
though by no means universal, was yet sufficiently in evidence to
call forth a striking comment on the situation by a prominent actor:
As for business principles entering between employer and employee, this was
almost a joke. The manager laid a contract before the actor which was ridicu
lous, viewed equitably. Both entered into it with a mental reservation that
JThe arbitrary use of this term in the present study is explained in Ch. Ill, p. 41.

COLLECTIVE BARGAINING BY ACTORS

neither meant to abide by its terms, should self-interest intervene. Of course
this is not intended as a sweeping assertion, for there were and are honorable
exceptions to this condition—nor are other professions and trades entirely free
from nefarious practices.2

It was for the purpose of discussing the formation of a live asso
ciation of actors that a meeting was held in New York on Sunday,
December 22,1912. The 80 players present empowered the chair
man of the meeting, to appoint a committee to develop a plan for
a standard, uniform, and equitable contract, which, it was agreed,
would do much to bring order out of the chaos of theatrical business
relations. This committee, known as the “ plan and scope committee,”
consisted of Messrs. Albert Bruning, Frank Gillmore, William Harcourt, Charles D. Coburn, Grant Stewart, and Milton Sills. It was
later enlarged to include 19 members.
In the minutes of the committee dated January 24, 1913, these
practical aims were recorded:3
(a) Correcting the abuses that have crept into the profession.4
(b) Deciding upon a uniform contract that would be acceptable alike to the
fair-minded manager and the fair-minded actor.

The plan and scope committee held many meetings, invited the
cooperation of important members of the acting profession, and drew
up a constitution and by-laws and a tentative standard contract,
which were approved at a general meeting held May 26, 1913. The
meeting was attended by 112 actors, who effected a permanent organ
ization, to be known as the Actors’ Equity Association, and elected
a council of 21 members and the following officers, to serve for one
year:
President: Francis Wilson.
Vice President: Henry Miller.
Corresponding secretary: Bruce McRae.
Recording secretary: Howard Kyle.
Treasurer: Richard A. Purdy.

The purposes of the Actors’ Equity Association, as they appeared
in the constitution, were—
To advance, promote, foster, and benefit the profession of acting and the con
dition of persons engaged therein; to protect and secure the rights of actors; to
inform them as to their legal rights and remedies; to advise and assist them in
obtaining employment and proper compensation therefor; to procure appropri
ate legislation upon matters affecting their profession,; to do or cause its mem
bers to do or take such lawful action as, in the discretion of the council, shall
advance, promote, foster, and benefit the profession; to do or cause to be done
Or to refrain from doing such other acts or things, either as an association or
through the individual members thereof, as may lawfully be done or as they or
it may lawfully refrain from doing, as in the opinion of the council, shall appear
advantageous to the profession of acting or to the members of this association
engaged in that profession.5

The constitution and by-laws were unanimously adopted at this
first general meeting.' Among the charter members of the Equity
Association were Edmund Breese, William Courtleigh, Jefferson De
Angelis, Ernest Glendinning, DeWolf Hopper, Bruce McRae, Grant
Mitchell, Guy Bates Post, Frederick Warde, Francis Wilson, Thomas
2Statement by Richard Bennett, in New York Dramatic Mirror, Apr. 16,1913, p. 10.
8In a handbook published by the Actor’s Equity Association in 1916, p. 10.
«These “ abuses” are listed in Ch. II, p. 22.
*Equity Handbook, 1916, p. 16.

TH E STRUGGLE FOE A STANDARD M IN IM U M CONTRACT

A. Wise, and other well-known actors. (Female actors were
at the outset, admitted to membership in the Actors’ Equity Asso
ciation.)
The new association was not taken seriously by the managers at
the outset of its career, so far at least as their public statements
went. One prominent manager, Mr. Lee Shubert, saw little justifi
cation for its existence:
The scheme is as impracticable as the actor himself. No person who delivers
as little as the actor is paid so much. * * * The manager gives not only his
time and hard work to the production, but he furnishes the costumes and the
staging at a great expense. If the play is a failure—and that rests with incom
prehensible public tastes—the manager is far the greater loser.6

However, the association received a great deal of publicity, because
it represented an unusual type of employees’ organization, and it
awakened a degree of interest on the part of theatrical enthusiasts
and the general public. The trade journals welcomed the new organ
ization as an agency through which the actor might come into his
own,7 but newspapers and popular magazines as a rule expressed
amusement rather than serious consideration, and there was frequent
suggestion that the individualism of the actor would not permit him
long to subordinate his own interests to those of the group. There
were naturally some exceptions to this view, among which was an
editorial comment of The Outlook:8
The abuses which the Actors’ Equity Association is fighting are many and long
standing, but their existence is due wholly to the passiveness and faint-heartedness of the actors themselves. An incapacity for cooperation seems to be one of
the traits of the artistic temperament. At any rate, all past attempts of players
on the legitimate stage to organize have failed. In view of this fact, the success
of the present movement is all the more notable.

In reality, the success of the movement up to that time had been
but slight. The actors had effected an organization, had rallied
under its banner some hundreds of members, and had gained valua
ble publicity; but before they were to realize their mam purpose—
the attainment of the standard minimum contract—they were to
exhibit a talent for aggressive group action that must have amazed the
writer of the above editorial, as it did the leaders of organized labor.
On November 24, 1913, the Actors’ Equity Association made formal
request for a meeting with the United Managers’ Protective Associ
ation, which represented the interests of the New York managers, and
through booking relations, those of producing managers throughout
the United States as well. The conference took place two months
later, January 23, 1914; the actors urged upon the managers the
adoption of a standard minimum contract, but the managers declined
to take favorable action. In the face of this repulse, the actors took
some consolation in the fact that several of the managers, as individ
uals, voluntarily accepted the new contract, the most important pro
visions of which were (1) the limitation of free rehearsals to three
weeks; (2) the payment of railway fares to New York by managers
when plays closed on the road; (3) payment by the manager for all
costumes except modern street clothes and evening wear; and (4)
8 New York Dramatic Mirror, Mar. 12,1913, p. 10.
7 For example, the following from the editorial columns of the New York Dramatic Mirror, Apr. 23,1913.
p. 8: “ Obviously, it is the duty of every self-respecting actor to ally himself with the movement * * *
in order that the profession may gain in the standing, dignity, and importance to which it is entitled."
8 The Outlook, Jan. 3,1914, pp. 12,13.

COLLECTIVE BARGAINING BY ACTORS

payment of full salaries for certain bad weeks for which managers
had usually paid only half salaries.9
The next five years were spent in trying to secure the general
adoption of a standard contract. These were years filled with hard
work which seemed to bear but little fruit. It was, however, a period
of increasing strength and of education of the growing membership
to the advantages of united action. The actors, in the early part
of this period, were neither prepared to wage war with the mana
gers nor disposed to resort to open antagonism. An official state
ment given out in June, 1914, indicates the desire of the Actors’
Equity Association to gain its ends by peaceful means. The state
ment follows:
Unfortunately, a story was published by a New York paper immediately after
the annual meeting of the Actors’ Equity Association, that the actors had or
ganized for purposes of going on strike if managers failed to subscribe to their
terms. Nothing could be further from the purpose of the organization.
It has been repeatedly made clear by the officers of the association that equity
for managers, in so far as it concerns their relations with actors, is practically as
much an aim as equity for the actors themselves. The three prime conditions
that the association aims to bring about are, first, the standardization of actors’
contracts, to which actors are to conform as well as managers, pay after reasonable
time for rehearsals, and full pay for every week played instead of half salary for
certain specific weeks. In short, the object is the formulation of a basis upon
which actors and managers may meet for promotion of mutual interests.10

Lack of success through negotiation led eventually to the feeling
that a show of strength would be required to bring the standard con
tract into wide use. Francis Wilson, president of the Actors’ Equity
Association, had stated in August, 1913:
The Actors' Equity Association is not per se a labor union, and it will never
become one unless, wliich is not likely, flagrant injustice on the part of managers
compels it to ally itself with organized labor.11

But the indifference of the managers to the claims of the actors
was slowly forcing the players to the view that affiliation with organ
ized unionism was the only way out. This opinion was strengthened
by the attitude of the managers, who did not attempt to condemn
the provisions of the proposed contract, but simply refused to be
interested. One of the more outspoken of the managers, Mr. William
A. Brady, very frankly said: “ Your Actors’ Equity Association con
tract is absolutely fair, but I’ll never adopt it until I am forced to. ” 12
In February, 1915, the council of the Actors’ Equity Association
appointed a committee to study trade-unions and their operations,
and a year later began a serious campaign of educating the member
ship to the idea of union affiliati >n, a campaign carried on through
meetings and through the columns of the Equity Magazine, the
monthly journal of the Actors’ Equity Association. By the spring of
1916 the theatrical world realized that the actors were in earnest.
The New York Dramatic Mirror predicted that the actors would
affiliate with organized labor, and added:
And the managers who have persisted in refusing to make equitable contracts
will have no one but themselves to blame should the actors decide to join hands
with the American Federation of Labor and unionize themselves, as th6 musicians
and the stage employees have done.13
•New York Dramatic Mirror, Nov. 19,1913,p. 10.
» Idem, June 10,1914, p. 10.
«Idem, Aug. 20,1913, p. 10.
“ Idem, Jan. 8,1916, p. 7.
ii Idem, Mar. 4,1916, p. 7.

THE STRUGGLE FOR A STANDARD M IN IM U M CONTRACT

A meeting was held on March 10, 1916, to decide whether the
question of affiliation with the Federation of Labor should be sub
mitted to a membership vote at the annual meeting in May. In
addressing the March meeting, Mr. Francis Wilson, president of the
association, said:
I am perfectly convinced that it is absolutely impossible for us to believe
that we can effect an equitable contract between actor and manager unless we
adopt just such methods as have been adopted by the musicians’ union, by the
mechanies, union, and by the unions of the other trades and other profes
sions. 14

Mr. Wilton Lackaye, a prominent actor, who several years
later waged a vigorous campaign for the presidency of the Actors’
Equity Association, emphasized the lack of consideration which had
been shown by the managers:
For several years this association has been 11whereasing” and “ resoluting.”
They have asked managers to meet them; they have sent courteous gentlemen
and sane and cool-headed men to meet them, to talk it over with them. Those
men have been either refused a meeting, or snubbed; there is no other word to
use.15

Another speaker, Mr. Milton Sills, championed the motion to be
decided in May, 1916, at the annual meeting, the matter of union
with federated labor, saying:
Our association has been in existence three years. During that period we
have done much for the profession. We have rectified abuses, we have arbi
trated cases, we have recovered money, but our main object—an equitable
contract—remains unachieved. We have used every means, polite and diplo
matic, to get the manager to accept our contract. We have talked with some
of them in full council meeting; they admitted the fairness of our demands, but
refused to accede to them. What we have achieved so far we have achieved
by moral force, but moral force can go only so far. Our main object we now
realize, can not be attained by moral force alone.16

The motion was carried almost unanimously. Similar motions
were passed at meetings of actors held in Philadelphia and Chicago.
This was the signal for a tremendous amount of public discussion
>ro and con, and the newspapers and magazines gave liberal space
or several months to the probable effects of strict unionization of
actors. Those opposed to union affiliation stressed the individualism
of the actor and held that he was an “ artist” and not a “ laborer.”
To believers in federation the economic phases of the question loomed
as most important. One of the best printed statements of the lat
ter view was the following:

He (the actor) is hired as a highly skilled workman. This fact he has hitherto
refused to see, to his own sorrow. In esthetics he is beyond question an “ artist,”
but in economics he is an artisan, a wage earner, a member of a trade. His eco
nomic position can not be secured until he realizes this fact and acts upon it.
As an economic unit he is exactly in the position of the hod carrier. He has at
last recognized the fact, as the hod carrier recognized it some years ago.17

A the annual meeting of May 29, 1916, the Actors' Equity Asso
ciation, by a vote of 718 to 13, authorized an alliance with the
American Federation of Labor “ at the discretion of the council.”
On June 27 of that year foimal application for admission to the
MEquity, April, 1916, p. 5.
tfldem, p. 15.
16New York Dramatic Mirror, Mar. 25, 1916, p. 3.
17From an article entitled “ Acting as a trade,” by Hiram Kelly Moderwell.
Apr. 22,1916, p. 311

The New Republic,

COLLECTIVE BARGAINING BY ACTORS

American Federation of Labor was made. Some difficulty was
experienced, however, as to the basis on which such admission could
be granted. An international charter from the American Federation
of Labor, covering the organization of all branches of performers
in the theatrical field, was held by the White Rats Actors’ Union of
America, the successor of the Actors’ International Union,18 which
had held the international charter up to 1910. The Actors’ Equity
Association asked for an independent charter, but the Federation
policy of granting only one charter in a given field made this impos
sible. The association then requested the White Eats Actors’ Union
to surrender its charter, to make possible the granting of a new
international charter, under which the Equity and the White Rats
could operate as separate and distinct branches, the White Rats
representing the vaudeville peiformers and Equity the legitimate
actors. This the White Rats Actors’ Union declined to do. It was
at the time a strong body, with a membership of some 14,000, while
the Actors’ Equity Association had approximately only 2,500 mem
bers, and the officials of the White Rats contended that Equity
should be willing to join the Federation as a branch of the interna
tional union—the White Rats Actors’ Union of America. Insisting
that this arrangement might involve a partial loss of autonomy, and
objecting, moreover, to the title of the international union (i. e.
White Rats” ), the Actors’ Equity Association decided lo allow the
matter to rest temporarily.
Though no actual affiliation then took place, the negotiations look
ing toward that end, extending as they did over more than a year,
were not without their effect upon the managers. They now were
willing to discuss a standard contract, and on August 10, 1917, repre
sentatives of the United Managers’ Protective Association and the
Actors’ Equity Association agreed upon certain provisions of this
contract,19 important among which were the following:20
1. A two-weeks’ notice clause.
2. The limitation of free rehearsals.
3. Full pay for all time played.
4. Extra pay for extra performances.
5. Payment by manager of costumes of actresses receiving $150 per week or less.
6. Settlement of disputes by a board of arbitration.
7. Elimination of the “ joker clause ” by which a manager could dismiss a
player without notice on the ground that he was not giving satisfaction.
8. Transportation from New York to opening point and from closing point to
New York.

This “ U. M. P. A.-A. E. A. standard contract” was approved by
the United Managers’ Protective Association on October 2,1917, and
the managers agreed to use it in all companies for a period of *ne
year. As an expression of good will and interest in the actor, the
managers proposed a “ ratification dinner” to celebrate the inaugu
ration of the new contract, and this was held on November 25,1917,
with much handshaking and speech making and many expressions
of warm friendship.
But despite these seeming evidences of sincerity the standard con
tract was not widely adopted; it was accepted in theory, but was
issued to actors only in rare instances. In January, 1918, Mr. Frank
»Cf. Ch. I, p. 1.
» A copy of the contract is printed in Equity, November, 1917, pp. 6,7.
»The significance of these provisions is discussed in Ch. II.

TH E STRUGGLE FOR A STANDARD M IN IM U M CONTRACT

Gillmore was appointed executive secretary of the Actors’ Equity
Association; and in February of that year he instituted an investiga
tion into contract conditions, and found that although all but four
of the recognized producing managers in New York City had agreed to
accept the new contract, it was actually being used by only one-fifth
of the companies controlled by members of the United Managers7
Protective Association.21 This was a condition which seemed to call
for stern measures, and the officials of the association brought for
ward the “ Equity policy, ” which had been formulated in 1914 and
then signed by about 200 members, but had never been put into effect.
This was an agreement among the signers not to enter into any con
tracts except those determined by the council to be just and equi
table. This agreement was now revised and was made to apply to
the U. M. P. A.-A. E. A. standard contract. President Francis
Wilson announced the enforcement of this agreement at a special
meeting, November 17,1918:
In 1914 * * * we formulated a policy, which was that no member of the
Equity Association should sign any other than an Equity contract; but that
policy did not go into effect because it was left to the discretion of the council
to say whether or not it should go into effect. Obliged to creep before we could
walk, it was not until the 4th of November of this year that the council gave its
consent for that policy to go into effect. So you are notified that from Nov
ember 4, and from this day forth, you can not remain a member of the Actors’
Equity Assocation, and you can not become a member of the Actors’ Equity
Association, unless you sign an Actors’ Equity contract.
Over 1,200 members of this assocation, including about 50 stars, and other
influential members of our profession, have pledged themselves just as you have
pledged yourselves to abide by that policy. They have gone further than this.
They have pledged themselves to forfeit, pledged themselves by bond to forfeit
$1,000 in the event of any failure on their part to abide by that policy. They have
further pledged themselves to be enjoined; that is, they have acknowledged the
privilege, the right to be enjoined, in the event of their use of any other contract
but an Actors’ Equity contract. The result of which will be that if managers
want Equity actors they will have to sign Actors’ Equity contracts.22

The necessity for this action on the part of the players is stated
in the agreement, as follows:
On or about the 2d day of October, 1917, after negotiations, an equitable
standard form of minimum contract was agreed upon between the Actdrs’ Equity
Association and the United Managers’ Protective Association, said latter body
representing a large proportion of the* producing managers. That said form is
above referred to as U. M. P. A.-A. E. A. standard contract.
It now appears that various producing managers are not offering to actors
employed or to be employed by them such form of contract.
*
* * it is now considered for the best interest of all that a written agreement
be entered into, having for its purpose the carrying of said policy into effect.23

Coming, as it did, after the beginning of the 1918-19 theatrical sea
son, this policy was not expected to affect contractual relations until
the following year. Meanwhile, the Actors’ Equity Association again
sought affiliation with the American Federation of Labor, knowing
that union with federated labor would be a source of strength if the
adoption of the new policy resulted in actual conflict, as was
likely. On June 17, 1919, Francis Wilson and Frank Gillmore, pres
ident and executive secretary, respectively, of the Equity Associa
tion, attended the convention of the Federation at Atlantic City and
"Theater Magazine, February, 1922, pp. 102-104.
“ Equity, November, 1918, pp. 3, 4.
81See copy of “ Agreement and Pledge,” Appendix 4 ,

COLLECTIVE BARGAINING BY ACTORS

applied for an independent charter. A month later they received a
denial of this request, for the reason that a blanket charter, covering
the entire entertainment profession, had already been issued and
was still in existence. The charter referred to was, of course, that
of the White Rats Actors’ Union of America. The Equity council
then decided to “ get in touch immediately with the branch of labor
having jurisdiction over our field, with a view to affiliation.” 24 Con
ditions had changed materially in the past few years, for the White
Rats had fallen upon evil times. In 1917 a disastrous strike in the
vaudeville field occurred, in which the White Rats were badly
worsted, and indeed almost wholly annihilated by the Keith vaude
ville interests, under the leadership of Mr. E. F. Albee. The
White Rats now consented to give up their charter, and on July 18,
1919, the American Federation of Labor authorized a new interna
tional union, to be known as The Associated Actors and Artistes of
America. The White Rats and the Actors’ Equity Association,
together with a half-dozen other organizations, became autonomous
branches of this new international.
The affiliation with the Federation came at an opportune moment
for the Actors’ Equity. In the spring of 1919 the managers had dis
solved the United Managers’ Protective Association and many of its
former members formed a new association to be known as the Produc
ing Managers’ Association. At the time this action was rather gener
ally thought to have been motivated by a desire to avoid the stand
ard contract with a minimum of embarrassment;25 that is, it would
be easier for the Producing Managers’ Association to bargain for a
contract acceptable to the new organization, than for the old United
Managers’ Protective Association to condemn and reject the standard
contract which it had once approved and accepted. At all events, the
Producing Manager’s Association requested a conference with the
Actors’ Equity Association, with a view of adjusting the matter of
contract. The managers demanded a longer period of free rehears
als; the actors countered with a request for a standard week of eight
performances, all additional performances (including holiday pro
grams) to be paid for on a pro rata basis. On these points the repre
sentatives were unable to reach an agreement.
At the Equity annual meeting of May 26,1919, the 2,500 actors pres
ent voted to ratify a resolution already passed by their council, which
read as follows:
Resolved, That arbitration shall be suggested on all points of the contract in dis
pute, members of each organization to be on said board of arbitration, and an
umpire or umpires of national repute, satisfactory to both parties, to be chosen,
whose decision shall be binding on both parties, provided this be done within 30
days. Pending this arbitration, members will continue to sign the U. M. P. A .A. E. A. contracts as at present in force. 26

This suggestion was forwarded to the secretary of the Producing
Manager’s Association, and brought the following reply:
J u n e 5,1919.
I am directed to say in reply to your favor of May
27 that the Producing Managers Association has decided to issue its own con
M y D e a r M r. G illm o r e :

**Equity, August, 1921, p. 22.
25 But later developments indicated that the contract was a secondary consideration, the real attack of
the managers being directed at collective bargaining. Of. Ch. I, p. 12.
* New York Dramatic Mirror, June 3,1919, p. 865.

M E

STRUGGLE FOR A STANDARD M IN IM U M CONTRACT

tract embodying all the terms and conditions of the contract which has been so
satisfactory to actors and managers for the past two years, with this one change:
Should any difference between the actor and manager occur, arbitration is
provided whereby the actor and manager shall appoint his own arbitrator, and
that these two shall appoint a third.
Very truly yours,
(S ig n e d )

L . L aw rence W eb er ,

Secretary

This reply was wholly unsatisfactory to the Actors’ Equity Asso
ciation. The executive secretary of the Association gave out a press
statement calling attention to the fact that arbitration “ between the
actor as an individual and the manager ” was what was offered by
the Managers’ Association.
Their offer merely means that the actor would be compelled again to fight his
own battles against the managed powerful organization without the assistance
and backing of his organization. This would undo the six years’ work of the
Actors’ Equity Association in endeavoring to get the actor a square deal. The
offer of the managers is a subterfuge and shows that the actor needs the support
of the Actors’ Equity Association more than ever.28

Ten days later, still hopeful that their differences might be arbi
trated, the executive secretary of the Actors’ Equity again addressed
the producing managers, as follows:
J u n e 17, 1919.
It is the earnest hope of the council of the Actors
Equity Association that the Producing Managers’ Association and itself may get
together and break the deadlock which at present seems to exist.
We are more than pleased to be able to inform you that ex-President Taft and
the Hon. Charles E. Hughes have both very kindly consented to serve as umpires,
providing your association is willing, on the disputed points in the proposed new
contract which was presented to you a few weeks ago.
In the event that you agree to put the matter up to one of these eminent
gentlemen, or to both of them, and the decision should be against us, need I
state that we would loyally abide by it; but if the decision be favorable to us .we
would not ask that the new terms be put into effect until the opening of the
season 1920-21, thus giving the managers an opportunity for any necessary read
justment.
Yours very truly,
(Signed)
F r a n k G il l m o r e ,
Executive Secretary.*•
M y D ear M r . W e b e r :

It is possible that the managers regarded this conciliatory letter as
a sign of weakening on the part of the actors. At any rate, on July
9, 1919, the suggestion of arbitration was rejected on the basis that—
Having already adopted a standard form of contract for the coming season,
this association therefore finds no occasion for any arbitration. If arbitration
were necessary at this time we should feel only too flattered to submit the ques
tion to the eminent jurists who have so generously offered their services.
Meanwhile we will from time to time be glad to receive and consider any sug
gestions your association may send as a result of experience in the carrying out
of our standard contract.30

It will be recalled that during this passage of letters the Actors'
Equity Association had not as yet joined the American Federation of
Labor. But it was an open secret that affiliation was contemplated
if only satisfactory arrangements could be made. The New York
Dramatic Mirror commented editorially on the situation:31
27New York Sun, June 6,1919.
28New York World, June 7,1919.
* Equity, July, 1919, p. 6.
» Letter quoted in New York Sun, July 10,1919,
«In issue of June 17,1919, p. 936.

COLLECTIVE BARGAINING BY ACTORS

It is a fight made especially interesting by the strategy employed by each side.
The actors subtly convey the impression that an affiliation with the American
Federation of Labor, with the closed shop and other means of operation which
that implies, will achieve what they are trying to accomplish. But the managers
count upon the respect for tradition, the dignity and conservatism of the older
group of actors, to prevent such a move.

As late as July 19,1919, the day after the affiliation took place,
Frank Gillmore, executive secretary of the Actors’ Equity Associa
tion, wrote the Producing Managers’ Association, requesting the
managers “ to appoint a small committee, with power to act, to meet
a small committee of ours with like power, to settle the present sit
uation.” 32 The managers replied, through their secretary, that they
could not consent to appoint a committee, adding that—
(by) the recent action of your association in bringing into your councils men who
have proved in the past neither friend to the actor nor to the managers, men who
have thrived only in the fostering of bitterness and discord where it did not pre
viously exist, your association has made impossible any serious conference be
tween it and the Producing Managers’ Association.33

The situation which now confronted the actors was this: The Pro
ducing Managers’ Association refused to recognize the right of the
actors to bargain colleclively through their union, the Actors’ Equity
Association. This light had been conceded by the old United Man
agers’ Protective Association, but was denied by the new managerial
group. It was for the maintenance of this right, then, that the great
strike of 1919 was waged and won.
The first blow, which proved to be a very feeble one, was struck
on July 29, when the Equity officials called out tlxe union members
of the “ Chu Chin Chow” company, which was then in rehearsal.
The Equity records show that four members of this company walked
out, but one of the leading theatrical journals34 stated tnat of some
10 or 11 Equity members only one obeyed the strike order. The
move was admittedly a failure, but the Equity officials predicted
that future efforts, if it came to a pitched battle, would be more
successful. Further attempts were made to negotiate with the
managers, but without avail. On August 7, at a rally attended by
1,400 Equity members, the players agreed by resolution that until
the Actors’ Equity Association was recognized as the representa
tive of the actors and until satisfactory working conditions were
arranged they would—
not perform any service for any manager who is a member of the Producing
Managers’ Association, or who" refuses to recognize our association or issue its
contract, either in plays now being presented or in plays which are now or may
hereafter be rehearsed.35

Mr. E. H. Sothern, seeking to avoid the conflict which must result
from the announcement of this resolution, tried to reopen negotia
tions with the managers, but without success. The general strike
order went out at 7.15 o’clock that night, and 12 theaters were
closed instantly.36
There could be no question about the effectiveness of this 30-day
strike. Several of the productions that had been closed were reopened
with substitute casts and were able to keep running, but substitute
32 The Billboard, Aug. 2,1919, p. 5.
••New York Dramatic Mirror, Aug. 7,1919, p. 1204.
widem, p. 1203.
85Equity, September, 1919, p. 4.
*®Cf. New York Times, Aug. 8,1919

THE STRUGGLE FOR A STANDARD M IN IM U M CONTRACT

casts are not popular with New York audiences and they drew
indifferent crowds in comparison with the audiences that patronized
the “ all-star programs” offered by the striking actors. Moreover,
the parades 01 the striking actors and the spectacle of well-known
stars picketing theaters that attempted to open provided more thrill
ing entertainment than many of the stage performances. On
August 16, 16 houses were reported closed,37 and by August 20
but five theaters in New York were presenting dramatic or musical.
performances.38 These were:
“ A Lonely Romeo,” at the Casino, with Lew Fields, and professedly a 100 per
cent Equity cast.
“ John Ferguson,” at the Fulton, by agreement with the Actors’ Equity
Association.
“ Greenwich Village Follies,” .at the Greenwich Village Theater.
“ Scandals of 1919,” at the Liberty.
Vaud6ville‘and ensemble at the Winter Garden, patched up from “ The Gaieties
of 1919” and “ Monte Cristo, Jr.”

A little later, two of these, “ A Lonely Romeo” and the “ Scandals
of 1919,” were closed. The strike spread to Chicago, the second city
in the country in theatrical importance, and caused the closing of
eight theaters there,39 and also to Boston, but New York remained,
as a matter of course, the cen er of the struggle. A recital of the
closing of the theaters does not give an accurate idea of the extent
and effectiveness of the strike, for equally important is the fact that
the Actors’ Equity Association prevented the opening of new pro
ductions which mark the beginning of a new theatrical season. The
Dramatic Mirror covered this point in an editorial:
*
* * not a new attraction was announced for presentation this week, a con
dition almost unheard of at this time of the year when there is an overwhelming
supply of productions waiting for Broadway theaters. Several plays were to
have opened last week, but all were called off pending a change in the situation.40

It is not possible to say how many productions were delayed in
this way, though the actors placed the number at 30.41
The players fought a hard fight, but they were not called upon to
fight alone. Experienced leaders of the American Federation of
Labor addressed mass meetings and aided in conducting the cam
paign. The officials of the American Artistes’ Federation, the vaude
ville branch of the Associated Actors and Artistes of America, forbade
their members to perform in any theater against which the legitimate
actors were striking.42 The Actors’ Association of Great Britain in
structed its members to act in harmony with the Actors’ Equity
Association. Baggage handlers refused to handle theatrical baggage
without an O. K. from the Actors’ Equity Association.43 The Inter
national Alliance of Billposters and Billers of the United States and
Canada refused io post bills in New York until the strike was set
tled.44 Officials of the stage employees, and musicians’ unions con
ferred with the managers, asking that they recognize the Equity;4*
their request being refused, they closed four theaters on August 16,
87New York Times, Aug. 17,1919.
88New York Dramatic Mirror, Aug. 28,1919, p. 1356.
89The Billboard, Sept. 6,1919, p. 30.
°New York Dramatic Mirror, Aug. 28, 1919, p. 1352.
41Equity, September, 1919, p. 4.
« The Billboard, Aug. 16,1919, p. 12.
* Equity, September, 1919, p. 7.
«New York Dramatic Mirror, Sept. 11,1919, p. 1428.
•Idem, Aug. 28,1919, p. 1354.

COLLECTIVE BARGAINING BY ACTORS

1919, by calling out 125 stage hands and musicians.48 Substantial
financial contributions came not only from wealthy members of the
acting profession, but from persons not connected with the theater
in a business way. And when the managers attempted to break the
strike by means of warnings, wholesale injunctions, and damage
suits,47 Samuel Untermyer, the New York attorney, himself part
owner of two theaters, charged that the managers had abrogated the
contracts with the players by refusing to arbitrate, and announced
that he would defend the actors in their legal actions without com
pensation.48
On August 23 came the formation of the Actors’ Fidelity League,
a brand-new organization of players. Opinions differ as to just why
the League came into existence. Equity members believed at the
time, and still contend, that the Actors’ Fidelity League was urged
upon the managers by Mr. E. F. Albee, who had found a company
union (The National Vaudeville Artists, Inc.) so effective in breaking
the vaudeville strike in 1917, resulting, as it did, in the disintegration
of the federated union, the White Rats. It was and is claimed that
Mr. Albee feared the growing strength of the Actors’ Equity Asso
ciation in the legitimate field, lest it should eventually result in the
strict unionization of vaudeville performers. Messrs. George M.
Cohan, Henry Miller, Howard Kyle (the former secretary of Equity
who now became secretary of the Fidelity League), and others, in
sisted that the League was a protest against affiliation with organized
labor and the use of direct action in the form of the strike. A third
possible explanation is that the managers now realized that the strike
odds favored the actors, and preferred to make peace with a new or
ganization rather than with the Actors’ Equity Association, which
they had condemned so roundly. Events seemed to support this last.
view, for the managers promptly agreed to deal with the Actors’
Fidelity League and offered to its members “ a contract far more
favorable than the one asked for by the Actors’ Equity Association,” 49
but a contract which, according to Francis Wilson, the Equity pres
ident, omitted “ the one important thing that would make it worth
while— the power to enforce it.” 50 To the Equity actors this move
of the managers was still further evidence that the Producing Man
agers’ Association was not fighting the provisions of the U. M. P.
A.-A. E. A. standard contract, but that it aimed at the destruc
tion of the Actors’ Equity Association.51
A second theatrical organization to develop from the strike was
the Chorus Equity Association. Because they were, in the main, lowsalaried performers, the chorus people in particular suffered from the
hardships accompanying insecurity of employment and long periods
of unpaid rehearsals.52 They were frequently required, moreover, to
46New York Times, Aug. 17,1919.
47For example, the Producing Managers’ Association published a double-page “ warning ” in the various
trade journals and in the New York daily newspapers, stating: “ All members of the Actors’ Equity Asso
ciation are personally liable for all damages and losses to the managers caused by the strike ” (New York
Dramatic Mirror, Aug. 21,1919, pp. 1318-19.) Florenz Ziegfeld and others obtained injunctions restraining
the association from calling out actors from their productions; the Shuberts sued the Equity as an organiza
tion, and nearly 200 members individually, for being responsible for the withdrawal of “ Monte Cristo, Jr. ”
from the Winter Garden, and the closing of the “ Gaieties of 1919 ” at the Forty-fourth Street Theater.
(New York Dramatic Mirror, Aug. 21,1919, p. 1314.)
« Equity, September, 1919, p. 5.
49 Statement by Grant Stewart, recording secretary of the Actors’ Equity Association, in New York
Dramatic Mirror, Sept. 11,1919, p. 1428.
» Literary Digest, Sept. 13,1919, p. 31.
w Grant Stewart, in New York Dramatic Mirror, Sept, 11,1919, p. 1428.
«Cf. Ch. IV, pp. 51,52.

THE STRUGGLE FOR A STANDARD M IN IM U M CONTRACT

pay for shoes and stockings used in their stage work, an item which often
took three weeks’ salary or more. The strike presented an oppor
tunity to win for the chorus people better working conditions for the
future and at the same time to render the closing of theaters more
completely effective. Members of the chorus were, therefore, formed
into a branch of the Actors’ Equity Association, and, under the lead
ership of Miss Marie Dressier as president, immediately went on strike.
Later, the peculiar problems of chorus work and personnel made it
advisable to have a separate organization for the chorus people, and
the Chorus Equity Association was granted a charter as a branch of
the Associated Actors and Artistes of America.
By the end of August the managers realized that the fight was lost.
They realized, moreover, that the losses were mounting daily and
that they had already lost upward of $2,000,000 through the strike.
There were also severe losses in the various trades allied with the
theater; scene painting, costuming, printing, and other trades.53 The
actors’ expenses had likewise been great, but they had been able to
finance their campaign from voluntary contributions and from the
exceedingly large receipts of “ benefit” performances.54 On Septem
ber 3 the managers opened negotiations with the Actors’ Equity
Association. Two days later, the actors and managers held a con
ference, presided over by Mr. Augustus Thomas as mediator, and on
September 6 the strike ended with the signing of a “ basic agreement,”
which should remain in force until June 1, 1924.
The agreement55 provided that claims of all kinds arising from the
strike should be immediately dropped and that litigations should be
discontinued; that Equity members should be given their old posi
tions or rdles on equally favorable terms; that there should be no
blacklists or discrimination against any person by reason of member
ship in the Actors’ Equity Association or Producing Managers’ Asso
ciation, or because of an actor’s or manager’s connection with the
strike; that no actor should refuse to perform services because of
the presence, in his cast, of nonmembers of Equity or of members of
any other association; that neither force nor coercion should be used
by manager or actor to influence actors either to join the Actors’
Equity Association or to withdraw from membership. These may
be termed incidental provisions of the agreement. To the actors
the most vital provisions of the agreement were these:
1. It definitely recognized the right of the Actors’ Equity Association to repre
sent its members in their dealings with the managers.
2. It provided for the use, by all members of the Producing Managed Asso
ciation, of a standard minimum contract.
3. It agreed to submit to arbitration all questions of dispute between manager
and actor, or between their respective associations.

The actors had every reason to be satisfied with the contract58
which resulted from the strike. Not only was it as favorable to them
63“ It is estimated that the financial loss of the strike will amount to more than $3,000,000. Much of this
fell on the trades affiliated with the theater, such as scene painting, costuming, transfer and transporta
tion, bill posting and printing, all of which were at a standstill.” (New York Dramatic Mirror, Sept.
18,1919, p. 1463.)
54Equity performances at the Lexington Opera House were said to have brought in $50,000 in a single
week. (New York Dramatic Mirror, Aug. 28,1919, p. 1354.)
66 See Appendix B.
68 See Appendix C.

69702°—26f------2

COLLECTIVE BARGAINING BY ACTORS

as was the old U. M. P. A -A. E. A. contract, the continuance of which
they had sought, but it went further than the old contract in several
respects:
1. The old contract called for half pay for rehearsals extending beyond the
period allowed for free rehearsals; the new contract provided for full pay for
run-over rehearsals.
2. The old contract permitted six weeks of free rehearsals for musical and
spectacular productions; the new, but five weeks.
3. The new contract required the manager to furnish all costumes, wigs, shoes,
and stockings for the chorus; it had been the custom for chorus members to pay
for shoes and stockings.
4. Eight performances were to constitute a week’s work under the new con
tract; the old had permitted nine performances weekly where it had been the
established custom, and allowed 11 holiday matinees to be played annually without
remuneration.
5. Salaries were to be paid on Saturday night under the new contract, and not
on the following Tuesday, as had been the custom.
6. Beginning with the season 1920-21, full salaries were to be paid for the week
before Christmas and holy week (the traditional bad weeks of the theatre), which
formerly were subject to lay-off, at the option of the manager.

Since the U. M. P. A.-A. E. A. standard contract had not been
extensively adopted (though it had been agreed to by practically all
of the large New York producers), and since the strike now brought
into actual operation the important provisions of this old contract,
as well as the additional benefits of the new, listed above, it will be
seen that the actors had made verjr substantial gains. Indeed, a
less sweeping victory, one which obviously required follow-up work,
would doubtless have given the members a sense of responsibility
toward the union which, under the conditions existing, many of
them did not feel. The actors were not trained in trade-union meth
ods; they did not fully appreciate the need of a fighting organization
to guard the advances they had made.57 Some had been merely
paper members, having joined the association on the spur of the mo
ment and in the face of emergency; and now that the emergency had
passed and the victory won they saw no reason for continuance of
membership and payment of dues. The officials of the association
frankly admitted a serious decline in membership at this time, due
in part to the lack of understanding of union methods, noted
above, but in part also, so it was claimed, to measures taken by the
managers. Not only were nonmembers granted the same terms
and conditions of work as Equity members (which tended to lessen
the advantages of membership in the association), but it was charged
that “ certain managers began a subtle and clever system of discrimi
nation against Equity actors.” 58 If such discrimination really ex
isted, it was not susceptible of proof; but the loss of members was
undeniable,59 and it led, in March, 1921, to the adoption of the socalled “ Equity shop” in dealings with independent managers.
It will be recalled that the basic agreement which concluded the
strike was drawn up between the Producing Managers' Association
and the Actors’ Equity Association. Though the Managers’ Associ
ation included in its membership the largest of the producing con
67 “ Paradoxical as it may seem, young and inexperienced unions often disintegrate after a strike is won,
because it is easier to rely on promises than to continue the union and pay dues. ” (George Milton Janes,
The Control of Strikes in American Trade Unions, p. 10, The Johns Hopkins Press, Baltimore, 1916.)
58Statement by John Emerson, president of Equity, quoted in New York Dramatic Mirror, Feb. 5,
1921, p. 239.
69Cf. the statement of Frank Gillmore, in Equity, January, 1922. p. 5.

THE STRUGGLE FOB

STANDARD M IN IM U M CONTRACT

cerns, and though it controlled, through booking arrangements,
almost the entire theatrical field, only about one-fourth of the theat
rical productions of the country were directly represented by mem
bership in the association.80 The Actors* Equity Association, in the
five-year agreement expiring. June 1, 1924, had contracted not to
institute a “ closed shop” against the Producing Managers’ Associ
ation during the life of the agreement. But it had no such arrange
ment with the unorganized managers, who were known as independ
ents. In order o build up the Equity membership and to maintain
a strong permanent organization, the Equity council now recom
mended the adoption of Equity shop (a closed union shop with an
open union) to apply to managers other than members of the Pro
ducing Managers’ Association. A vote on the question, taken at a
meeting held March 6, 1921, showed that 3,398 members favored
Equity shop and that 115 opposed it.81 In the Chorus Equity Associ
ation the vote was 1,823 to 1, in favor of Equity shop. Equity shop
went into effect in the fall of 1921, being applied to the following
managerial groups:61
1. All New York producers not members of the Producing Managers’ Associa
tion.
2. Members of Touring Managers’ Association, owners of popular-priced pro
ductions.
3. All managers of Chicago, Kansas City, and Pacific coast productions.
4. All stock company managers.
5. All managers of repertoire companies and tent shows.

Much space has been used in the newspapers and trade journals,
in the attempt to set forth exactly the meaning of Equity shop. It
has been hotly charged by its opponents that it is a “ closed shop,”
and this charge has been just as warmly denied by Equity shop
champions. In a circular letter sent out to Equity members on
January 18, 1921, prior to the vote on the question, it was stated
that :
The Equity shop is simply a declaration of Equity actors of their absolute
right to refuse to work in a company with nonmembers, who to-day enjoy exactly
the same privileges as Equity members, who reap all the benefits of the Equity
strike and Equity contract, and yet do not contribute one ounce of effort or one
penny of money to sustain the organization which has secured and which holds
fast for them those privileges and that contract.

This definition clearly describes what is commonly known as a
closed shop. The intention to put it into strict practice is indicated
in the following quotation:
This means that no Equity member will accept an engagement in a company
which is not 100 per cent Equity.62

But it is not fair to call the Equity shop a closed shop, and to
stop with that designation. For the Actors’ Equity Association has
always maintained a wide-open union, and has never given any evi
dence of a desire to change this policy:
Anyone can join the Actors’ Equity Association who has an engagement to
play on the speaking stage, whether he has had experience or not. The dues are
$12 a year [since raised to $18]. Managerial charges that Equity shop would
check the development of young talent are absolutely false. We are going to
60Equity, December, 1920, p. 13.
clNew York Dramatic Mirror, Mar. 12, 1921, p. 443
6aTheater Magazine, August, 1921, p. 78.

COLLECTIVE BARGAINING BY ACTORS

make it easier for young people to go upon the stage by protecting their interests
from the very start. No one can be excluded for lack of experience under
our by-laws.62

It is safe, then, to define Equity shop as “ a closed union shop with
an open union.” This combination, .according to a leading econo
mist,63 is a happy one, for—
If all qualified applicants were admitted in good faith to the union, the pri
mary effect of the closed shop would be simply to enforce collective bargaining.

The policy of Equity shop was avowedly adopted for the sole pur
pose of enforcing collective bargaining, the future effectiveness of
which was being imperiled by loss of members. The name Equity
shop was devised by Mr. Paul Dullzell, assistant executive secretary
of the association. In addition to being a simpler designation than
“ a closed union shop with an open union,” the term had two rea
sons for being: First, Equity shop was introduced at a time when
the closed shop was being bitterly assailed by advocates of the socalled “ American plan” ;64and, second, there was danger of unfriendly
predictions for the future based upon the experience of the closed
shop of the Hebrew Actors’ Union, an organization with not only
a closed shop but a closed union as well.65 The adoption of the
title “ Equity shop” was doubtless strategically sound and justifi
able, though it led to considerable confusion in discussion.
The Equity-shop policy is said by Equity officials to have been
highly successful, both in the extent of its application to the indeendent managers and its influence upon Equity membership. John
imerson, president of the association, announced on August 28, 1921,
that the policy was 100 per cent effective in so-called first-class New
York productions, but less so at that time among traveling organi
zations and stock companies.66 As for membership, the official rec
ords show that there was a steady increase in paid-up membership
during the summer of 1921, following the adoption of the Equityshop principle, which was to be enforced with the opening of the
1921-22 theatrical season. By December, 1921, the Actors’ Equity
Association had a nominal membership of 12,308 and a paid-up
membership of 5,668, representing the greatest numerical strength
that the association had known. The actors were much pleased
with these results, but the Producing Managers’ Association attacked
the new policy, claiming in August, 1921, that its enforcement was
in violation of clause 6 of the basic agreement of 1919, which read:

6.
The Equity Association will not force or coerce directly or indirectly, or
attempt to force or coerce directly or indirectly, any person or persons not a
member or members of such association to become a member or members thereof,
and will order its members or any particular member under penalty of discipline
not to force or to coerce directly or indirectly, or to attempt to force or to coerce
directly or indirectly, any such person or persons to become such member or
members.67
Theater Magazine, August, 1921, p. 78.
®3F. W. Taussig, Principles of Economics, 3d edition, Vol. II, p. 305. The Macmillan Co., 1922.
64Cf. the following statement: “ Those who are hostile to labor cunningly employ the term ‘closed shop’
for a union shop because of the general antipathy which is ordinarily felt toward anything being closed
and with the specious plea that the so-called open shop must necessarily be the opportunity for freedom.”
(Report of Proceedings of Twenty-seventh Annual Convention of the American Federation of Labor,
1907, p. 25, President’s Report.)
»Cf. Appendix G.
66Equity, September, 1921, p. 5.
* Idem, 1919, p. 9.

THE STRUGGLE FOR A STANDARD M IN IM U M CONTRACT

After a period of unfruitful discussion the contending parties decided
to submit the point at issue to arbitration. Judge Julian W. Mack,
of the Federal court, was chosen as umpire, with the understanding
that his decision should be accepted as final. Frank Gillmore was
arbitrator for the actors and Arthur Hopkins represented the man
agers. Judge Mack decided the issue, August 27, 1921, in favor of
the actors, stating in conclusion:
On all the circumstances in the case I have reached the conclusion that the
Equity-shop plan and the resolutions and instructions of the Actors’ Equity
Association wth respect to this plan are not in violation of the agreement between
the Actors’ Equity Association and the Producing Managers’ Association, dated
September 6,1919, and are not in violation of law or of sound public policy.68

This decision was hailed by the actors as a great and important
victory, because had it favored the managers, Equity shop would
have had to be abandoned until the expiration of the basic agree
ment, three years later.
Plans were now made for the extension of Equity shop to the en
tire theatrical field, to take effect June 1, 1924. It was definitely
decided to incorporate in the new contract which would then be drawn
up a clause providing for 100 per cent Equity membership in all casts.
The campaign of education now undertaken aimed at impressing
upon the actors the necessity for Equity shop, and upon the managers
and the public the fairness of the policy, with assurances that the
tremendous power derived from its universal acceptance would not
be abused.69 Equity members were told, time and again, of the ben
efits of Equity shop to the actor: That it would insure the fulfillment
of agreements made by managers; that it would prevent nonmem
bers from receiving the benefits of the organization without paying
for them; and that it would guarantee the permanent existence of a
strong union, which could safeguard the interests of the actor. Man
agers were reminded that Equity shop would protect the manager
against irresponsible actors, since it would enable the association
to enforce the fulfillment of contracts by individual actors, upon pen
alty of discipline; that it would eliminate from the industry unscru
pulous “ shoe string” producers, who, by their dishonest dealings with
the players, placed at competitive disadvantage the fair manager;
and that, in general, it would tend to standardize the business rela
tions of the theater and lessen intermanagerial conflict. As a pledge
against abuse of the power which Equity shop would carry with it,
the Equity officials offered to give certain guaranties, which are out
lined in the following paragraph of a letter, dated March 30, 1924,
from a committee of the Actors' Equity Association to the Produc
ing Managers’ Association: 70
In order, however, to relieve theater owners and producers from any of the
fears which they have expressed concerning this policy, the Actors’ Equity Asso
ciation in any new agreement with the Producing Managers’ Association will
pledge itself to the principle of arbitration, thus obviating strikes, and will promise
to agree, both by contract and if necessary by appropriate changes of its funda
mental laws, which changes shall remain fixed in the constitution during the life
of the agreement, not in any wise, directly or indirectly, to interfere with either
the kind, quality, or character of plays offered for production, nor with the cast
ing thereof nor with the remuneration to be paid to its members, and it will
• Equity, September, 1921, p. 3.
69Idem, May, 1923, pp. 5,6,12-15.
70Idem, pp. 15,16.

COLLECTIVE BARGAINING BY ACTORS

guarantee a continuance of its open-door policy whereby anyone offered a part by
a manager automatically becomes eligible and can not be denied membership.
Equity is willing, if required, to give any reasonable guaranty against breach of
these promises if the Producing Managers’ Association will give the same guaranty
against any violation on its part.71

On February 13, 1924, Mr. Augustus Thomas, executive chair
man of the Producing Managers’ Association, appeared before the
council of the Actors’ Equity Association and requested that the
basic agreement of 1919 be extended for another five years. The
effect of such extension would have been to exempt from the Equityshop policy the managers belonging to this managerial group. The
actors declined to renew the old agreement; the Producing Managers’
Association refused to accept the Equity-shop policy. Negotiations
followed, but without tangible results. On March 6, 27 members
of the managerial group signed an agreement (popularly known
as the “ round robin” ) pledging themselves not to produce under
Equity-shop conditions. They condemned the Equity-shop policy
in these terms:
The result—and the intentional result—of the operation of Equity shop would
be that no actor could get employment in any first-class company on the Amer
ican stage unless he belongs to the Actors’ Equity Association, paid his dues, and
submitted himself to the discipline of the Equity council. And to join the Equity
every actor must thereby become a member of the American Federation of Labor.
No matter what his artistic standing, or the number of years he had spent in
learning his art, no actor who had conscientious scruples against joining a labor
union, or who would not submit his private judgment to the rules that the Equity
council might now, or hereafter, lay down to govern his personal relations with
his fellow artists or with his manager could earn a livelihood.
It is to this, and to this alone, that the Producing Managers can not agree.
They believe it would work enduring harm to the art of the theater, and that it
would be humiliating, unjust, and un-American.72

This action was so definite as to appear final. Bufr within the
Producing Managers’ Association were 21 managers who had not
subscribed to the round robin. Prominent among these was Mr. Lee
Shubert, who, together with Mr. William A. Brady and Mr. L. Law
rence Weber, had represented the managers in negotiations with
Equity officials, dating back to September, 1923. Messrs. Shubert,
Brady, and Weber had gone so far, indeed, as to recommend to their
association the adoption of a new basic agreement which should in
clude the Equity-shop policy, with the exception that members of
the Actors’ Fidelity League in good standing on September 1, 1923,
should be exempted from the operation of the policy. The recom
mendation was rejected by the Producing Managers’ Association on
November 11, 1923, Messrs. Shubert and Brady alone voting for its
adoption. Negotiations were carried on for several months, but
without definite results. The so-called Shubert group now formed
a new association, the Managers’ Protective Association ( though re
taining their membership in the old Producing Managers’ Associa
tion), and proceeded to draw up a 10-year basic agreement with the
Actors’ Equity Association, which was signed on May 13, 1924.
The new M. P. A.-A. E. A. agreement of 1924, which refers only to
first-class dramatic and musical productions, provides for Equity
71The pledges here suggested were incorporated into the agreement drawn up May 12, 1924, between
the Managers’ Protective Association, a new managerial group, and the Actors’ Equity Association.
See Managers’ Protective Association-Actors’ Equity Association basic agreement, clauses 15,17,18, and
19, Appendix D.
72Equity, April, 1924, p. 8,

THE STRUGGLE FOR A STANDARD M IN IM U M CONTRACT

shop to the extent of 80 per cent; that is, managers are permitted
to include in their casts nonmembers of Equity up to 20 per cent
of the total number, said nonmembers to pay to the Actors’ Equity
Association a sum equal to initiation fee and dues of regular Equity
members, except that certain members of the Actors’ Fidelity League
are exempted from such payments.73 It provides, further, for the
guaranties against possible abuse of power which have already been
noted.74 Otherwise there are in it no striking innovations. The
Managers’ Protective Association, to whom this agreement applies,
controls through its membership about 70 per cent of the theaters in
New York City, and, together with the independents of the past,
about three-fourths of the attractions throughout the country. The
Shuberts are, of course, the largest single producing concern, and it
was largely due to their extensive holdings in New York theaters,
which could not long be closed without great loss, that the new
agreement was signed. In the absence of working arrangements
between the Producing Managers’ Association and the Actors’
Equity Association, the round robin members of this managerial group
are now rated as independents, and are required to have 100 per cent
Equity casts, as is the case with all nonmembers of the Managers’
Protective Association.
Tfce five-year P. M. A.-A. E. A. basic agreement expired on May 31,
192j4; and, since Equity members had been instructed not to renew
th*§ir contracts, seven New York productions were closed on that
d%te through the withdrawal of the casts, which included some 250
performers.75 A week prior to this time, on May 23, the round robin
roup had secured a temporary injunction restraining the Managers’
Protective Association and the Actors’ Equity Association from ful
filling their agreement. This order was promptly vacated, only to
be appealed by the Producing Managers’ Association and again de
cided against them.76 The Actors’ Fidelity League, through its
treasurer, Miss Ruth Chatterton, sought also to enjoin the contract
ing associations from carrying out their contract, pleading that it
would result in a virtual monopoly in the field of acting; but the
court decided against granting the restraining order.77 Having estab
lished its legal rights in the matter, the council of the Equity Asso
ciation proceeded to make a concession to the Actors’ Fidelity
League, permitting Equity members to play with present members
of the Actors’ Fidelity League who were in good standing on Sep
tember 1,1923. This 78 conciliatory action was welcomed by the
public press and by managers as a friendly move which would do
much to lessen the bitterness xesulting from the recent struggle.
The Actors’ Fidelity League has never been strongly supported by
the players. Shortly after its formation, in 1919, it was known to
have at least 400 members (by some the number was placed as high
as 700); but by December, 1921, according to a public statement of
John Emerson, president of the Actors’ Equity Association, the Equity

73Cf. Chapter I, p. 20.
74Cf. Chapter I, pp 16,17.
» The Billboard, June 21, 1924, p. 34.
76 Equity, June, 1924, p. 9. For the opinion vacating the order, see New York Law Journal, May 28,
1924, Part I of the supreme couit. For appeal of the managers, see Producing Managers’ Association
v John Emerson as president of Actors’ Equity Association et al., 209 Appellate Division (New York
Reports), 870.
77New York Law Journal, July 7, 1924, Part I of the supreme court
78Equity, September, 1924, p. 8.

COLLECTIVE BARGAINING BY ACTORS

rolls included the names of 231 former Fidelity members;79 and in
the fall of 1924 there was presented to the Equity Association a list
of 166 actors, who, by virtue of their membership in the Actors’ Fi
delity League, were presumably entitled to exemption from theEquityshop ruling. After a careful examination of records by Equity and
Fidelity auditors, the Actors’ Equity Association agreed to exempt,
as paid-up members of Fidelity on September 1, 1923, 113 persons;
ana, in addition, any or all of 15 life members who made affidavit as
to their membership in the League as of the above date.80 It is prob
able that the League will continue to lose rather than gain members.
The Actors’ Equity Association, by its stipulation that exemption
from the Equity-shop principle shall apply only to those actors who
were paid-up members of the Actors’ Fidelity League on September
1, 1923, has effectively put a stop to recruiting for the League. And
it seems likely that even present Fidelity members, realizing the im
potence of their organization and the growing strength of Equity,
will later transfer their membership to the stronger group, both as
a matter of professional policy and in order to receive those benefits
that accrue to Equity members alone.
Late in May, 1924, the round robin members of the Producing
Managers’ Association expressed their willingness to accept the terms
which had been agreed upon by the new Managers’ Protective Asso
ciation and the Actors’ Equity Association. Agreeable to this ar
rangement, the members of the Managers’ Protective Association
volunteered to dissolve the new association and allow the contract
to apply to all members of the Producing Managers’ Association,
including the round robins. The latter, however, insisted upon a
separate agreement between the Producing Managers’ Association
and Equity, announcing their intention of expelling from their or
ganization those members who had joined the Managers’ Protective
Association. Thereupon the Equity refused to bargain with the Pro
ducing Managers’ Association as a group, and the round robins be
came independents in their dealings with the Actors’ Equity Associa
tion. On October 20, 1924, the Producing Managers’ Association
held a meeting, at which a resolution was passed asking the supreme
court for a dissolution of their association. The resolution follows:81
Whereas it is the belief of the majority of the Producing Managers’ Associa
tion that, under conditions which have recently arisen and which will probably
continue for some years, the reason for the association no longer exists: There
fore be it
Resolved, That the board of directors be and are hereby instructed un der the
law governing membership corporations to present a petition in proper form to
the supreme court asking for a dissolution of the Producing Managers’ Associa
tion forthwith; and that after the payment of all creditors and unsatisfied engage
ments as prescribed by the said law, such funds as remain in the treasury of the
association shall be distributed pro rata to their respective contributions and pay
ments among the members entitled thereto.

This action leaves the field of theatrical production in the hands
of the Managers’ Protective Association, operating under the 80-20
Equity shop agreement, and the independent managers, with 100
per cent Equity casts. Of the players who are actually enr _ >yed in
19Equity, January, 1922, p. 4.
80Idem, November, 1924, pp. 11, 12. Records of payments by the life members could not be found;
hence the insistence upon affidavits.
New York Times, Oct. 21, 1924, p. 21. Permission to dissolve this association was granted on June
22,1925.

THE STRUGGLE FOB A STANDARD M IN IM U M CONTRACT

acting as a means of livelihood, some 7,400 (or about 97 per cent of
the total) now belong to the Actors’ Equity Association; approxi
mately 100 are members of the Actors’ Fidelity League; and the
remainder (probably less than 50 in all) are not connected with
either organization, but are allowed to work under the 80-20 agree
ment, contributing to the Equity Association the same amounts as
though they were members. On November 6, 1925, the Actors’
Equity Association had a paper membership of 11,007, with a paidup membership of 7,379. The Equity officials believe that fully
97 per cent of American dramatic and musical comedy actors are
now members of the Actors’ Equity Association, and that the mem
bership will show substantial increase, if at all, only as the field of
theatrical production expands.
In so far as the business interests of the legitimate actor can be
handled collectively, they come within the scope of the Actors’
Equity Association. This organization, in its existence of 12 years,
has witnessed the dissolution of two managerial groups and the grad
ual decline of a rival actors’ association. It has adopted and enforced
a policy which virtually insures it against loss of membership. It
has won the good will of the public, and, to a remarkable degree,
the good will of the managers as well. Thus intrenched, it would
seem to be safe against attack so long as it continues the policy of
moderation which has characterized it in the past.

Chapter II.—ACCOMPLISHMENTS OF ACTORS’ EQUITY ASSO
CIATION THROUGH COLLECTIVE BARGAINING
The arguments for collective bargaining have been set forth so
often and in such detail that they need not be repeated here.1 It is
a commonplace that the worker who attempts to bargain individually
almost invariably faces long odds, because of the greater knowledge
and material resources of the employer; hence the importance on
the part of a union to establish promptly its right to bargain collec
tively for its members. This is the most fundamental of union
rights, and for “ recognition of the union” countless strikes have been
waged. The actors’ strike of 1919 was primarily a fight for the firm
establishment of the right of collective bargaining. Though the
U. M. P. A.-A. E. A. contract of 1917 recognized the Actors’ Equity
Association as the representative of the actors, the association was
so lightly regarded that it was unable to enforce the use of the
standard contract which the managers had agreed to adopt.2 Not
until after its show of strength in 1919 did the association acquire,
beyond all question, the right to bargain collectively for its members.
By that time, however, it had learned the union principle that rights
must not only be won but must be safeguarded as well. The prin
ciple was put into operation with the application of Equity shop to
the independent managers in 1921 and with the further extension of
the policy in 1924. With its forces strengthened by this policy there
seems small chance that Equity’s right to represent the actor in bus
iness relations will again be challenged.
As far back as 1913 the hopes and aims of the Actors’ Equity
Association were announced. It was hoped that the association
might secure the adoption of a uniform contract and the correction
of “ the abuses that have crept into the profession.” The abuses
cited were these:3
1. Actors have often, recently, rehearsed for five weeks or even longer and
received only three days’ pay; indeed, in one or two cases nothing at all for their
services.
2. Companies playing in one-night stands have had to lose a Saturday night
and its pay in order to jump to a Sunday-night performance for which they
received no remuneration.
3. Certain forms of contract now employed by some managers exact six weeks’
work at half salary during the season; to wit, two weeks before election, two
weeks before Christmas, and two weeks before Easter.
4. Certain forms of contract contain a clause that obliges the manager to pro
vide transportation only from the point of opening to the point of closing, instead
of from New York to New York.
5. Actresses have been required, of late, to pay out large sums for gowns, etc.,
which in case of a play’s failure are a serious loss.
6. Contracts with a corporation without the signature of an individual fixing
personal responsibility are used as loopholes through which the contracts are
shirked.
1Cf. any of the standard texts on economic theory. A good statement may be found in Trade-Unionism
in the United States, by R. F. Hoxie, p. 256. D. Appleton & Co., 1917.
2Note in this connection, Hoxie’s observation: “ Indeed, enforcement of contract might be put down
as the indispensable condition for collective bargaining. Where it fails, collective bargaining must fail.”
(Trade-Unionism in the United States, p. 270.)
*Equity Handbook, 1916, pp. 10,11

ACCOMPLISHMENTS 01* ACTORS* EQtTITY ASSOCIATION

A standard minimum contract with the power required to enforce
it was realized in the fall of 1919. In it were provisions designed to
remedy the abuses referred to above and other provisions further
rotecting the interests of the actor. Several additions have since
een made. The Equity minimum contract4as it now stands defines
the terms on which actors may be engaged by managers; so that an
examination of certain of its clauses, with a statement of the ad
vances that they represent, will give a clear idea of the most impor
tant achievements of the Actors’ Equity Association. The analysis
may be presented under several headings.5

SECURITY OF EMPLOYMENT

The risks taken by the theatrical producer are seldom equaled in
other lines of industry. Theatrical managers know and frankly ad
mit that they are engaged in a highly speculative enterprise, one in
which the chances of losing are quite as great as those of winning.
A production may cost anywhere from twenty thousand to several
hundred thousand dollars to stage and rehearse; and it may run
several years, bringing in a fortune, or but a few days, with a total
loss. The result, moreover, is nonpredictable, since the success or
failure of a piece depends upon public whim, and even the most sa
gacious of producers have guessed wrong many times. The point
is important, since the Actors’ Equity Association, although seeking
for its members security of employment, has not felt warranted in
going further than to ask that the actor be assured, at the most, two
weeks’ salary from the date of dismissal notice. This small guaranty
permits a manager to close an unsuccessful production with com
paratively small loss in the way of salaries. There are many varia
tions to this provision:6
B.
This contract may before the beginning of rehearsals be terminated as
follows:
(1)
If the contract be signed and entered into prior to two months before the
specific date mentioned in paragraph 2 on face hereof;
(a) By the manager’s giving to the actor written notice and paying him two
weeks’ salary.
If, however, previously to giving such written notice and making such payment,
the manager shall have given to the actor written notice that the play will not
be produced or that the actor will not be called for rehearsals, and the actor there
after secures a new engagement under which payments to him are to begin not
later than the date specified in paragraph 2 on the face hereof, then and in that
event, instead of said two weeks’ salary, the only sum, if any, which the manager
need pay the actor, shall be the amount, if any, by which said two weeks’ salary
exceeds two weeks’ salary of the actor under said new engagement.

The “ specific date” referred to is the date of opening of the pro
duction. The actor is here granted two weeks’ salary on the basis
that, with a contract signed two months before the opening, the actor
has been prevented from accepting other opportunities for employ
ment. In the case of a more recent contract he is allowed but one
week’s salary:6
^Unless otherwise noted, this term will be understood to include both the basic agreement (Appendix
D) and the contract (Appendix E)
6It should here be stated that the Equity Association issues separate contracts to the members of the
Managers’ Protective Association, independent managers, tent, stock, and repertoire managers. These
contracts are identical in their essentials, but modifications have been made in order to conform to the
needs of certain types of productions. The contract under discussion is that applying to first-class com
panies. Important modifications will be noted.

6Equity minimum contract, regulations, section B, Appendix E.

C01XECT1VE BARGAINING BY ACTORS

(2) If the contract be signed and entered into within two months of the specific
date mentioned in paragraph 2 on the face hereof and the play is not placed in
rehearsal or is abandoned, the manager shall pay the actor a sum equal to one
week’s salary.

The first seven days of rehearsal are in the nature of a “ probation
ary period,” and, except in the case of a reengagement, the actor may
be dismissed without salary:7
C. This contract may during rehearsals be terminated as follows:
(1) At any time during the first seven days* rehearsals of the actor by either
party by giving written notice, if this contract be signed and entered into within
two months of the specific date mentioned in paragraph 2 on the face hereof,
except in case the actor be reengaged by the manager for a part which he has
previously played, in which event he shall be paid two weeks’ compensation.

But if retained beyond the probationary period the actor is entitled
to the two weeks’ salary:7
(2) Any time after the first seven days’ rehearsals of the actor by the manager
giving written notice to the actor and by paying him forthwith a sum equal to
two weeks’ compensation.
( N o t e . — In the above two subdivisions (C -l and C-2), wherever the word
" seven ” appears in reference to the probationary period of rehearsals the word
“ ten” shall be.substituted if the actor be employed in a musical comedy, revue,
or spectacular production.)

The reciprocal nature of the Equity contract now becomes evident,
for the actor can be released from his contract during rehearsal only
by paying a penalty:7
(3) The actor may cancel the contract by giving written notice and with the
same paying to the manager a sum equal to two weeks’ compensation.

Once the play has actually been presented in public, either manager
or actor may cancel the contract by giving two weeks’ notice, with
out penalty:8
D. Either party may terminate this contract at any time on or after the date
of the first public performance of the play by giving the other party two weeks'
written notice.

Consideration for the risks of management permit the closing of
the play without notice, within the first four weeks, if all salaries
have been paid, and if the play has run two weeks:9
E. (1) If the play runs four weeks or less, the manager may close the play and
company without notice, and terminate the right of the actor to further compen
sation, provided he has paid the actor for all services rendered to date, and in
no event less than two weeks’ compensation.

The point is that the production may run, say, three weeks before
it is definitely a failure. If salaries are then fully paid up, the man
ager may close the company without the two weeks’ notice demanded
in individual dismissals. But when the play has run as long as four
weeks, giving the manager a chance to size up the situation, it is
felt that the company is entitled to one week’s notice before
closing:9
(2) If the play shall run more than four weeks, the manager shall give one
week’s notice of the closing of the season of the play and company, or pay one
week’s compensation in lieu thereof.
7Equity minimum contract, regulations, section C, Appendix E.
sIdem, section D, Appendix Ilf
* Idem, section E, Appendix E.

ACCOMPLISHMENTS OF ACTORS9 EQUITY ASSOCIATION

The above-mentioned provisions do little enough to insure security
of employment, yet, enforced as they are, they mark a distinct
advance over pre-Equity conditions. There was in the theater a
custom of giving two weeks' notice of dismissal or withdrawal, but
it may be questioned whether this was not a custom more
often breached than observed. Certainly plays were often closed
without notice and with no compensation for the actor beyond
paid-up salary to date of closing; and it is equally true that
actors used to withdraw from casts to accept better openings,
without advance notice of resignation and without suffering a penalty.
In the past actors have been known to rehearse for weeks and even
up to the very night of opening and then be dismissed with no com>ensation whatsoever; productions have opened and played but a
ew days, with perhaps a half week’s salary paid to the members of
the cast; or after iunning a short time they have closed suddenly
without warning. The present arrangement means, for the actor,
that he is assured at least two weeks’ salary if he be held for rehears
als beyond the seven-day probationary period; that if the play runs
as long as a month he will receive one week’s salary after notice is
given of closing of the company, and two weeks’ salary after notifi
cation of his dismissal as an individual. In a profession as hazard
ous as that of acting even this slight protection is of vast importance,
for, after four weeks of free rehearsals (as permitted by the present
contract), the player’s resources are usually very low. The penalty
attached to “ contract jumping,” or voluntary withdrawal of the
actor from a cast without giving the manager advance notice, acts
as a powerful deterrent and thus benefits the manager. Few actors
are sufficiently affluent to indulge in such expensive luxuries, and
contract jumping is now almost unknown.10
What means are there of enforcing claims resulting from these pro
visions of the contract? The collection of claims made on behalf of
the actor will be dealt with in a later section;11the method of handling
managerial claims for contract jumping is very simple. It is indi
cated in the following resolution, adopted at a general meeting of the
association as far back as 1922:12

{

Resolved, That the suggestion of the council be indorsed that in such cases as
may appear to it to be equitable and in its discretion, it shall pay such damages
as a manager shall sustain by reason of the breach of any Equity contract with
any member in good standing, up to and not exceeding two weeks’ salary, this
resolution especially to cover what is known as “ jumping contracts.’’

When an actor has jumped a contract, the manager places the evi
dence before the proper Equity officials, and immediately receives
from the association the compensation to which he is entitled under
the contract and in accordance with this resolution, the association
afterwards collecting from the actor. A concrete example may be
given: In April, 1924, an actor who had been engaged at a weekly
salary of $250 jumped his contract for the purpose of accepting an
opening in motion-picture work. The manager claimed two weeks’
salary as damages. The actor refused to pay. Equity officials urged
“ During the year 1923-24, eleven claims were made against the association on this account. In four of
the eleven cases the offending actors made good their obligations; the loss to Equity through the seven
members who defaulted was $946.74. (Equity, June, 1924, p. 15.)
“ Vide Ch. II, p. 37 et seq.
“ Equity, October, 1922, p. 8.

COLLECTIVE BARGAINING BY ACTORS

the actor to fulfill his contract or pay the stipulated damages, re
minding him that Equity could not allow him to act on the legitimate
stage unless he did so. The actor still refused payment, stating that
he had no intention of returning to the speaking stage. Thereupon
the Actors’ Equity Association sent the manager a check for $500,
the amount of the claim.
Section D, above, permitting either party to terminate the contract
by giving to the other party two weeks’ written notice, is almost
identical with a clause appearing in almost all contracts of past years.
It seemed to give the actor assurance of two weeks’ warning before
dismissal. As a matter of practice the effect of this provision was
often neutralized by the inclusion in the contract of what was dubbed
by actors the “ joker clause.” This clause assumed various forms,
but its intent always was to give the manager the privilege of dis
missing the actor whenever the latter’s services should prove to be
unsatisfactory. At times the proposition would be baldly stated:
And it is further contracted and agreed, by and between the parties to this in
strument, that in case the services so to be rendered by the party of the second
part shall not, in the estimation of the party of the first part, be satisfactorily
rendered, the party of the first part may then cancel this contract and release
himself from the terms thereof. lS

More often, however, the “ joker” was smuggled into a paragraph,
as follows:
Intoxication, swearing, using obscene, abusive, or insulting language, or indulg
ing in unseemly conduct, or inattention to *'‘make-up,” or the proper dressing of
the character assigned, or failing or neglecting to give a finished performance of the
part portrayed, at any time during the existence of this contract, shall, at the
option of the manager, be sufficient cause for the immediate termination of this
agreement, and the exercise of such option shall not be subject to review.14

Since the manager was in every instance the sole judge, it is obvious
that service could be unsatisfactory or a performance could lack finish
whenever the manager thought it advisable suddenly to terminate
the actor’s contract. There is abundant proof that the joker clause
was used frequently by unprincipled managers to nullify the twoweeks’ notice clause. Needless to say, this much-hated provision no
longer appears in contracts. The manager may still dismiss an
actor summarily for cause, but the cause must be sufficiently good
to withstand examination at the hands of the Equity council.
There is also a run-of-the-play contract, under the provisions of
which the actor is guaranteed continuous employment for a specified
period agreed upon between manager and actor, and is further defi
nitely engaged for as long a season as the production shall run in the
theatrical year to which the contract applies. This form of contract
is little used, however, for both managers and actors seem to prefer
the agreement which permits either to terminate his obligations by
giving two weeks’ notice. Contracts with stock, repertoire, and tent
companies are also for stated periods, but seasons may be closed by
the manager on one week’s notice and individual actors may be dis
missed or may withdraw from the companies by giving two or three
weeks* notice, as agreed upon between the contracting parties.
i*Contract of Charles Frohman.
i<Contract of Miss Margaret Anglin. Italics are not used in the original.

ACCOMPLISHMENTS OF ACTORS9 EQUITY ASSOCIATION

CONTINUITY OF EMPLOYMENT

Akin to security of employment is continuity of employment.
The Actors’ Equity Association takes the stand that, once the sea
son has opened, the actor is entitled to continuous work until the close
of the season. But there is no hard and fast rule to that effect.
Under certain conditions the manager is allowed to lay off his com
pany during the course of the season. For example, the lay-off priv
ilege applies to the week before Christmas and the week before
Easter, tne traditionally dull weeks of the year in the matter of boxoffice receipts:
The manager shall have the right to lay off his company the week before Christ
mas and Holy Week. Should such lay off take place the manager shall not dur
ing said lay-off period be entitled to the services of the company except for a
run-through rehearsal on the day of reopening, and except further that addi
tional rehearsals. may be allowed by the Actors’ Equity Association in case of
illness of the star or promftient member of the company or change of cast.15

Most of the contracts drawn up before 1919 permitted the man
ager to lay off the players during these two weeks, or, if he preferred,
to play this time, paying only half salaries. The association is defi
nitely committed to the policy of full pay for all time played, but in
the above clause it concedes to the manager the right of lay off if
playing the company at full salary promises to be unprofitable.
In the event of the illness of a star, a lay off is granted on the fol
lowing basis:
If in any production the star or featured member of the cast shall be ill and a
lay off shall take place on that account, actors receiving less than $100 weekly
(but no others) shall be paid by the manager an amount equal to their board
and lodging for the first week. If said lay off continues beyond one week, half
salaries shall be paid to the entire company for each day the actors are retained
up to and including two further weeks. From and after the beginning of the
fourth week the manager shall either pay full salaries to all members of the com
pany or may abandon the production.16

A concrete instance may be cited: Owing to the illness of Miss
Ethel Barrymore, the star of the play, the “ D6class6e” company was
laid off on January 4, 1921, presumably for one week. The lay off
stretched along for a month, when announcement was made that it
had been decided to end the season. In the absence of specific con
tractual provisions covering the case—the P. M. A.-A. E. A. contract
was then in force—claims for salary were settled by arbitration.
The definite clause now included in the contract leaves no doubt as
to the amount due the actor in event of unavoidable lay offs.
Allowance i& also made for lay off for making necessary changes
in the play or cast, but this privilege is granted only by special dis
pensation of the Actors’ Equity Association, after examination of
the circumstances of the individual case:
In case after the opening of the play and after at least two weeks’ employment
the manager shall desire a lay off for the purpose of rewriting or making changes
in the cast or any other reason deemed sufficient by him, he may apply to the
Actors’ Equity Association for the right to do so. If the association agrees to
such lay off it may do so upon such terms and conditions as may seem equitable
to it under the circumstances. But in any event if a change or changes in the
cast is made the actor or actors dismissed and not employed upon the new run
of the play shall be paid at least one week’s additional salary.17
16Equity minimum contract, rale 24, Appendix E.
16Idem, rule 25, Appendix E.
17Idem, rule 27, Appendix &

COLLECTIVE BARGAINING BY ACTORS

Through this clause and its practical application the association
seeks to be fair to the manager whose play or cast requires revision
and at the same time to safeguard the interests of the actor.
Now that the most important details have been examined, the
rules relative to lay offs may be summed up in the following clause:
The essence of this contract is continuous employment, and a play once closed
shall not be reopened during the same season within eight weeks of the date of
previous closing without the consent of the Actors’ Equity Association. Such
consent, if given, shall be upon such terms and conditions as may be considered
just and equitable by such association.18

This provision blocks effectually the manager who, in its absence,
would announce the closing of the play and its reopening, say, three
weeks later, in order to avoid playing poor bookings. An interrup
tion of the play for less than eight weeks is a lay off (not a closing
and reopening), and, with the exceptions already noted, lay offs with
out salary are not permitted. At best the actor’s occupation is highly
seasonal; the Equity minimum contract has done much to eliminate
minor interruptions during the short season of the average player.
Occasionally, in the course of the average season, will come the loss
of a single day, or perhaps of several days, of employment, due to
delay in travel or to other unforeseen and unavoidable causes. Inter
ruptions of this type are grouped together under the designation “ lost
performances.” Since they are not chargeable to carelessness on the
part of the manager or to lack of business ability, the Actors’ Equity
Association holds that in emergencies of this kind the actor must be
willing to stand his share of the loss. Therefore, no salaries are paid
for lost performances which can be shown to have resulted from the
causes listed below:
(1) The actor shall travel with the company by such routes as the manager may
direct, and the actor shall not demand compensation for any performance lost
through unavoidable delay in travel which prevents the giving of performances
by the company.
(J) It is further agreed if the company can not perform because of fire, acci
dent, strikes, riot, act of God, the public enemy, or for any other cause of the
same general class which could not be reasonably anticipated or prevented, or if
the actor can not perform on account of illness or any other valid reason, then
the actor shall not be entitled to any salary (except as otherwise herein specified)
for the time during which said services shall not for such reason or reasons be
rendered. Should any of the foregoing conditions continue for a period of 10
days or more, either party may terminate the contract and the manager will pay
for all services to date and transportation back to New York City.19
LIMITATION OF FREE REHEARSALS

The regulation relating to the free-rehearsal period is as follows:
A. (1) The actor, if required, shall give four weeks’ rehearsal without pay (in
case of musical comedy, revue, or spectacular production, five weeks) and obli
gates himself to be ready to rehearse four (or five) weeks before the date men
tioned in paragraph 2 on face of contract hereof; if further rehearsals are required,
then for each additional week or part thereof the manager shall pay the actor
full compensation, as provided in paragraph 3 on face of contract hereof, on Sat
urday night of each week.
(2) It is agreed that rehearsals shall be continuous from the date of the first
rehearsal to the date of the first public performance of the play, as stated in
paragraph 2 on the face hereof.20
18Equity minimum contract, rule 18, Appendix E.
19Idem, regulations, sections I and J, Appendix E.
* Idem, regulations, section A, Appendix E.

ACCOMPLISHMENTS OF ACTORS* EQUITY ASSOCIATION

This regulation means exactly what it says— that the actor agrees
to rehearse for four or five weeks, as the case may be, without
compensation.21 This point should be emphasized, for the reason
that persons unacquainted with business relations in the theater are
amazed to learn that actors, both great and small, give so much of
their time free of charge before the opening of a production. But the
time given is not long in comparison with free rehearsal periods of
pre-Equity days. The truth is that there was then no limit to the
rehearsal time that might be demanded by a manager. The con
tract of the late Charles Frohman, who is universally acknowledged
to have been one of the fairest of theatrical managers, stated, in this
connection—
and the party of the second part agrees to at all times attend any and all
rehearsals required of him by the party of the first part, or his representative,
free of charge, whenever called upon to do so.22

This privilege of unlimited free rehearsals was not abused by all
managers, of course. Several were considerate of their actors in
the matter of rehearsals, as in other respects, but the fact that these
few won for themselves reputations for fair dealing is in itself evi
dence that other producers ofttimes felt small concern for their
employees and sometimes dealt in sharp practices. In the field of
drama, rehearsals of six, seven, and eight weeks were not uncommon.
But the most startling examples of prolonged rehearsals were to be
found among the more spectacular revues and musical comedies.
The record is probably held by one revue which was rehearsed for
16 weeks; but a well-known producer23recalls another which stretched
through 13 weeks of rehearsal, and it may safely be stated that,
prior to the strike of 1919, few of the elaborate musical shows were
put on with less than 10 weeks of rehearsal.
In the absence of a time limit the easy-going manager was tempted
to await the beginning of rehearsals before concerning himself with
plans which might have been made weeks before. Scenery, “ proper
ties,” and other essentials, which might well have been given early
attention, were often neglected for weeks and were sometimes the
cause of delayed openings. There was really little incentive toward
dispatch in unpaid rehearsals, since their extension added but slightly
to the expenses of production. From the point of view of the actor,
however, these long rehearsals were of grave importance. In the
case of a play that rehearsed 10 weeks ana then played 30 (a remark
ably fine season) the actor would actually have put in 40 weeks of
work for 30 weeks’ salary. A more likely instance would be a rehearsal
of 10 weeks and a season of 20, in which case the actor’s weekly
« “ If the employment under any contract relates to the second or subsequent season of any play, then
the period of free rehearsals is three weeks instead of four, but this provision shall not obtain if 50 per
cent or more of the cast were not members of the production the preceding year.” (Equity minimum
contract, rule 9, Appendix E.)
The free-rehearsal period for tent and repertoire companies is limited to two weeks, after which full
salaries must be paid.
22The pre-Equity contracts of eight prominent managers were consulted in connection with the pres
ent analysis. The group included Miss Margaret Anglin, David Belasco, John Cort, Charles Frohman,
Daniel Frohman, Klaw & Erlanger, Oliver Morosco, and Henry W Savage. In no instance was there
any limit to the rehearsal period.
2*The manager is Mr. Arthur Hammerstein. Twelve managers consented to be interviewed at some
length for purposes of the present study. Among the number were prominent members of the Pro
ducing Managers’ Association and the Managers’ Protective Association, as well as independent
producers. Of necessity many of the opinions here given are presented anonymously. When names
accompany statements it is, of course, by special permission.

COLLECTIVE BARGAINING BY ACTORS

income would be but two-thirds of his nominal salary. But the
highly speculative nature of the producing industry, depending as
it does upon public caprice, makes it entirely possible for a play to
be thoroughly rehearsed and then to have no “ run” at all, or even
to be abandoned without a single public presentation. A popular
comedian cites the instance of a musical comedy which was rehearsed
for nine weeks, opened in a town in New York State, and closed
after playing three nights. Members of the company were paid onehalf week’s salary for nine and one-half weeks’ work and were obliged
to pay their own transportation back to New York.
Even with the present limitation of free rehearsals, long chances
are taken. In September, 1924, a prominent dramatic star appeared
in a new play at a Broadway theater. The play lasted 10 days, but
under the Equity contract members of the company drew two weeks’
salary. A month later it was announced that the star in question
was about to begin rehearsal of another play. Allowing 4 weeks of
rehearsal for the first play, adding 2 weeks for the run of the play,
4 more of “ open” time, and yet 4 for rehearsal of the second produc
tion, we have a total of 14 weeks during which this individual actor
received but 2 weeks’ salary. This is not an isolated instance; doz
ens of similar examples can be found in the couise of any theatrical
season. Had the case cited above occurred prior to 1919, the rehear
sal periods would almost certainly have been longer, and the propor
tion of salaried time smaller. As it was, the free rehearsals occu
pied 8 of the 14 weeks. And yet players as a whole are entirely
willing to grant the fairness of the free-rehearsal period of 4 weeks.
They would resent any attempt to lengthen the period, but, on the
other hand, they show no disposition to shorten it. It is bound to
work a hardship whenever the play fails to have a good run. But
in that event, argues the actor, the manager also is hard hit, and
the 4 weeks of rehearsal is the player’s contribution to the gamble.
Another clause relating to rehearsals should be noted. It has to
do with rehearsals which have been prevented through no fault of
the manager:
(K) If the manager is prevented from giving rehearsals because of fire, accident,
riot, strikes, illness of star or prominent member of the cast, act of God, public
enemy, or any other cause of the same general class which could not reasonably
be anticipated or prevented, then the time so lost shall not be counted as part
of the 4 (or 5, as the case may be) weeks’ rehearsal period herein provided. After
the fourth week of rehearsal, including any lay-off period on the above account,
the manager will pay half salaries for two weeks, at the end of which time the
actor shall be free, unless the manager wishes to continue the services of the
actor and pays him full salary thereof.24

Here, again, is a provision which is reciprocal in its nature. The
Actors’ Equity Association forbids unpaid rehearsals over and above
the allotted period of four weeks, but it is quite willing, in emergen
cies such as those listed above, which are clearly beyond the control
of the manager, to permit a two-weeks’ extension of rehearsals at
half salary. In this way the unavoidable loss is shared by the con
tracting parties.
The terms of the contract dealing with rehearsals are intended to
insure, first, that there shall be ample rehearsal of a production
before its public presentation; and, second, that the necessary
MEquity minimum contract, regulations, section K, Appendix E.

ACCOMPLISHMENTS OF ACTORS9 EQUITY ASSOCIATION

rehearsals shall not bear too heavily upon the finances of either
manager or actor. That these aims have been substantially realized
is shown by the very general satisfaction with the present rehearsal
arrangement.25
PAY FOR EXTRA PERFORMANCES

As with rehearsals, so with the number of performances constitut
ing a week’s work: Both were in former times left almost wholly to
the discretion of the manager. Prior to the enforcement of the
P. M. A.-A. E. A. contract, there was no such thing as a “ standard
week” for theatrical performers. Of the eight managers already
cited one only, Mr. Daniel Frohman, attempted to set a limit to the
number of performances to be given weekly:
It is agreed that the number of performances per week shall not exceed eight
and holidays, unless party of the first part shall pay for any in excess pro rata.

This was a most exceptional clause, however. The usual arrange
ment was that the actor should perform “ at such times as may be
required,” or at times “ governed by the custom of the theater” or
“ by the custom of cities and other places played in.” As a result,
managers made a practice of calling for extra performances whenever
there was promise of profit. The minimum number of programs
given was eight, the usual six evening performances and two mati
nees, but in some theaters there were nine peiformances regularly
each week. Added to these were perhaps a dozen holiday matinees
in the course of a season, and in sections of the country that permit
ted Sunday amusements, matinee and evening performances on that
day. Since the actor’s contract called for a weekly salary, these
extra programs meant no additional income to him.
Actors had long protested against this condition, but with little
avail. They contended that their salaries were calculated on the
basis of the receipts from eight performances a week and that they
should have a share in the additional receipts from special perform
ances. This was essentially the old union demand 01 “ pay for over
time,” though the actors asked for remuneration on a pro rata basis
only and not at a higher rate than the regular salary. The U. M.
P. A.-A. E. A. contract of 1917 (the agreement that was accepted
by the managers, though not put into effect) conceded that “ eight
performances shall constitute a week’s work,” but nine were to be
allowed in theaters in which that had been the usual number prior
to October 2, 1917; moreover, 11 holidays were named on which
matinee programs might be given without extra remuneration to the
performers. With the winning of the strike in 1919, the standard
week of eight performances became a reality, and each in excess of
that number was to be paid for at the rate of one-eighth of the weekly
salary. This meant, of course, payment for holiday matinees as well
as for the ninth program in theaters regularly playing nine shows a
week. The present provision is almost identical with that of 1919:
(H) (1) Eight performances shall constitute a week's work.
(2) A week's compensation shall be paid even if a less number than eight per
formances are given, except as herein otherwise provided in paragraph J.
(3) A sum equal to one-eighth of the weekly compensation shall be paid for each
performance over eight in each week. (This also applies to understudies.)
45The aptpr’s ftttitmde has already been presented; that of the manager is given in Oh. V, p. 60.

COLIiECTIYE BARGAINING BY ACTORS

(4)
It is assumed that Sunday rehearsals and performances will take place only
where it is lawful, and the actor shall not be required to perform in the play and
part above named on Sunday in any theater except those where Sunday perform
ances were customarily given on May 1, 1924.26

The fourth clause is a recent development and is intended to pre
vent the further extension of Sunday work in the theater. Though
such work means extra salary, the Actors’ Equity Association as a
body, and actors individually, are strongly opposed to Sunday per
formances. For years the association has been fighting attempts to
legalize Sunday amusements, not because of religious scruples but on
the ground that rest periods are essential to good work on the stage.
The need of Sunday rest is felt especially by those performers who play
“ big parts” of a highly emotional nature. Clause 4, above, attacks
the problem from the contractual side by permitting a cast to refuse
to engage in Sunday work in a theater which did not present Sunday
programs prior to May 1,1924.
THE PREVENTION OF STRANDINGS

New York is known as the theatrical center of the United States.
By far the greater number of first-class companies that go “ on the
road” are organized in and sent forth from New York. In like man
ner, most of the stock companies set forth from Chicago and the dram
atic “ tent shows” and repertoire companies from Kansas City. In
any case, it is essential to the actor who goes on tour that he get
back to the starting point at the close of the season, since it is there
and there only that his services have market value. The cartoon
that pictured the theatrical troupe walking the railway ties was doubt
less an exaggeration, but there was in it that germ of truth that goes
with true caricature. Though the more responsible managers have
undertaken to bring*their companies back to the point of opening,
there have always been those who felt free to close a production far
from the starting point, allowing the members of the cast to get back
home as best they might; and yet others have involuntarily stranded
their companies through lack of financial stability. Strandings in
the j>ast decade have been sufficiently frequent to warrant the inclu
sion in the present contract of the following important clauses rela
tive to transportation:
(L) The manager agrees to transport the actor when required to travel, includ
ing transportation from New York City to the point of opening and back to New
York City from the point of closing; also the actor’s personal baggage up to 200
pounds weight.
(N) (1) If individual notice of termination is given by the manager, he agrees
to pay the actor in cash the amount of the cost of transportation of the actor
and his baggage back to New York City whether the actor returns immediately
or not.
(2) If this contract is canceled by the actor, he agrees to pay his own railroad
fare back to New York City and to reimburse the manager for any railroad fare
the manager may have to pay for the actor’s successor up to an amount not
exceeding railroad fare from New York City to the point where said successor
joins the company, whether for rehearsal or for playing.
(3) If the company is organized outside of New York City, the name of such
place is herein agreed to be substituted for New York City in paragraphs L, N -l,
and N-2 and elsewhere.27
* Equity minimum contract, regulations, section H, Appendix E. A standar d week for tent companies
is eight performances; under certain conditions ten performances constitute a week for repertoire companies;
and this is always the case with stock companies.
» Idem, regulations, sections L and N, Appendix E.

ACCOMPLISHMENTS OF ACTORS* EQUITY ASSOCIATION

It will be noted that the provision relates, first, to ‘the actor as a
member of a company; and, second, to the actor as an individual.
When the actor’s engagement terminates because of the closing of the
production, the manager must pay his transportation to New York
City or other point of organization of the company. But if the play
is not being closed and the separation is an individual one the case
may be altered. When the actor has been dismissed he is entitled to
transportation, exactly as though the production were closing; but
if he leaves the company of his own accord he not only pays his own
transportation to New York but also pays the railway fare of his
successor to the point at which the latter joins the company. Indi
vidual terminations of contract while on tour are expensive; the
above regulation places the burden of expense upon the party respon
sible for the separation.
There is no need to dilate upon the frequency and seriousness of
strandings prior to Equity’s attempt to find a solution of the problem.
That they were many and that they often resulted in real hardship
is the testimony of both managers and actors. New York companies
have been stranded as far from home as San Francisco; and they have
been stranded there and at lesser distances with individual finances
sadly depleted, for a stranding is likely to be preceded by a period of
half salaries or less. Strandings are doubtless most serious when they
occur in elaborate musical productions, for a large proportion of the
players in such productions are chorus men and women whose small
salaries permit little or no savings to be accumulated.
Largely through the efforts of the Actors’ Equity Association,
there has been a decrease in strandings during the past few years.
Accurate figures are to be had only for the past few years, but these
few are significant. In the theatrical season 1921-22, 56 cases of
company and individual strandings were recorded;28 in 1922-23, the
number had shrunk to 22, with a like number, 22, in the season of
1923-24.29 The number was reduced still further in 1924-25, a year
which had four company strandings and 14 cases of stranded individ
ual actors. At the present time there is no such thing as a stranding,
in the old-time sense. That is to say, while there will always, in so
risky a business as theatrical production, be sudden closings of com
panies on the road, the association does not allow Equity members to
remain stranded away from the point of organization of the company.
If a stranding occurs, the deputy30 of the company telegraphs to
Equity headquarters in New York the particulars of the case. The
association in turn immediately telegraphs to him sufficient money
to get the company home. The money thus expended is collected
by the association from the manager of the stranded company, if
possible; if the claim is noncollectible, the members who have been
assisted are expected to reimburse the association.
Closely related to strandings and their prevention is a service
which the association renders its members in ascertaining the finan
cial stability of producing managers. Those managers who in the
past have met all their obligations—and happily there are many of
these—are rated as perfectly safe by the financial representatives of
the association, but a manager who has had companies stranded
on the road or has failed to pay salaries has not so easy a time. Ho
“ Equity, June, 1922, p. 5.

»Idem, June, 1924, p. 15.

*°Cf. Ill, p. 49.

COLLECTIVE BARGAtNIKG BY ACTOBS

is first advised to settle his old obligations before incurring new ones.
If he fails to do this, Equity members are warned that he has a bad
financial record and that they must assume the risk if they join his
company. The association does not forbid the making of contracts
with such managers, but it does advise against them. However, if
the risk is taken and a smash occurs, members are brought home by
the association and their claims are pressed against the manager. If
he can not be made to pay up (as is usually the case with a producer
of this type), the actors are required to reimburse the association.
In dealing with managers who are new to the field of theatrical pro
duction a somewhat different policy is pursued. If such a manager
has an abundance of assets which could be attached in case of neces
sity, he is given a clear rating. Otherwise he is asked to give bond
for an amount sufficient to pay two weeks' salary for all members
of the cast and return fares from the farthest point of the proposed
tour if the play is to go on the road. Failure to give this security
results in Equity members being advised that the manager is not a
good risk. The measures here outlined have the effect of virtually
msuring the payment of salary and transportation if the play turns
out a failure. Despite the precautions taken, losses will creep in,
but they represent only a small part of such losses compared with
pre-Equity times.
PAYMENT FOR COSTUMES

Prior to the strike of 1919 it was the custom for players to furnish
at least a part, and sometimes all, of their stage clothing. Contracts
frequently stipulated that the actor was to supply “ all necessary
wardrobe, including tights, shoes, and wigs, according to instruc
t io n s ,o r that he was to play certain parts, “ furnishing the proper
dressing for the characters assigned.71 Occasionally managers agreed
to supply “ all costumes, except hats, gloves, boots, shoes, tights,
stockings, lace, and feathers, which are to be furnished by the said
artist, or any modern costume which the said artists may have in
their possession.” Whatever the written agreement, it had for years
been the custom for performers to furnish costumes complete for
modern plays, and many of the odds and ends listed above when it
came to “ period ” or “ costume” productions. The present arrange
ment is as follows:
F.
(1) If the actor be a man, he shall furnish and pay for such conventional
morning, afternoon, and evening clothes as are customarily worn by civilians
of the present day in this country, together with wigs and footwear necessarily
appurtenant thereto. All other wigs, footwear, costumes, clothes, appurtenances,
and “ properties,” including those peculiar to any trade, occupation, or sport, to
be furnished by the manager.
(2) If the actor be a woman, all wigs, gowns, hats, footwear, and all “ proper
ties ” shall be furnished by the manager.
(3) It is understood that in every case where the manager furnishes costumes,
if the notice of cancellation of this contract be given by the actor, he or she shall
reimburse the manager for the necessary and reasonable expense to which he
may actually be put in having costumes altered or rearranged for the successor,
and repay for current shoes.31

The male actor has gained little, if anything, through this regula
tion. He is still expected to furnish most of the clothes that he
wears in modern productions. And often they mean considerable
81 Equity minimum contract, regulations, section F, Appendix E.

ACCOMPLISHMENTS OF ACTORS9 EQUITY ASSOCIATION

expense. A musical comedy star explains that his wardrobe for
stage use costs a trifle less than $1,000. He has no protest to offer,
for, as he says, men's styles change but slightly, and his wardrobe
forms a part of his stock in trade. With the woman actor the situa
tion is different. Not only are her costumes ofttimes very costly,
but their usefulness is affected by swift changes in fashion. More
over, if the actress furnished her own costumes she might easily,
through the prompt failure of a play, find herself possessed of fine
gowns for which she had no use whatever.
One manager cites the instance of an actress who in pre-Equity
days accepted a part in a modem play and purchased some gowns
totaling $450. After some weeks of free rehearsals she was informed
that the play was to be abandoned and would not even open, so
that she was left with an expensive but useless wardrobe. It was
to avoid similar situations that the burden of supplying women’s
costumes was placed upon the manager. In the U. M. P. A.-A. E. A.
contract this item was left to individual bargaining between mana
ger and actress; but with the repudiation of this contract by the
managers came the measure specifying that the manager must fur
nish the entire stage wardrobe of woman actors.
One qualification to the above regulation in its application to stage
clothes for male actors may be mentioned. Though ordinarily the
actor is required to furnish those items of wearing apparel that have
been listed, yet if the manager insists that the clothes be purchased
from a special tailor or if exclusive designs or unusually expensive
clothes are demanded, then the manager and not the actor pays
the bill.32
PEACEFUL SETTLEMENT OF CLAIMS

One of the truly important services which the Actors’ Equity Asso
ciation renders to its members is in connection with the settlement of
claims. Despite the efforts that have been made to draw up a con
tract which should be both equitable and readily interpreted, and
despite the honest attempts of managers and actors, in the main, to
carry out the provisions of this contract, machinery for the adjust
ment of contractual differences is still necessary. It is the belief of
the leaders of the Equity Association that in the matter of claims
the actor’s interest can be handled by the association officials much
more satisfactorily than by himself. Members are encouraged to
consult with the claim department before taking drastic steps toward
the collection of their claims against managers, and for several
reasons.
In the first place, it is found that a large percentage of the disputes
result from misunderstandings rather than real differences between
manager and actor. Actors are notoriously temperamental and so, it
may be said, are certain managers, a number of whom were actors
themselves some years back. If a point of difference arises it is rather
more likely to be discussed emotionally than judicially, with warm
words and wild statements, so that the issue has small chance to be
determined on its merits. Ordinarily if no agreement is reached the
mEquity

minimum contract, rule 20, Appendix E.

COLLECTIVE BARGAINING BY ACTORS

matter is brought to the attention of Equity representatives, usually
by the actor. The official who hears the actor’s story gets in touch
promptly with the manager and in a vast majority of the cases there
is quick adjustment of the difficulty. A telephone conversation of a
few minutes will often settle a dispute; sometimes it requires a con^
ference of manager and actor in the presence of an Equity represen
tative. It is significant that by this simple procedure hundreds of
cases are settled annually, ranging from a claim of $1 for the transfer
of a trunk to salary claims involving $500 or more. Nor is the claim
ant always an actor; managers, too, have discovered that the method
of negotiation and conference just described is both swift and satis
factory. The Equity office has thus become a clearing house for
petty claims, and also for those of considerable size.
A second reason for having the association handle the claims of
members is that Equity representatives are skilled in such matters.
Not only can they appraise quickly the degree of merit that a claim
may possess, not only can they suggest readily the best method of
procedure, but if the claim should not yield to first-aid treatment
there is a distinct advantage in having the preliminary steps taken
by those who later submit the claim to formal arbitration or initiate
legal action. There is much to be said, moreover, for having a claim
presented by persons not directly interested in the outcome. That
“ he who is his own lawyer has a fool for a client” is not always true;
but just as the paid union representative, who is an “ outsider, ” can
often bargain more effectively for a group of employees than can the
workers themselves, so also, and for similar reasons, can the Equity
claim agent present and press with particular vigor the case for the
actor.
Claims that can not be settled by negotiation are submitted to
formal arbitration. The details of arbitration are given in a provi
sion of the Equity minimum contract:
6.
In event that any dispute shall arise between the parties as to any matter
®r thing covered by this agreement, or as to the meaning of any part thereof,
then said dispute or claim shall be arbitrated. The manager shall choose one
arbitrator and the.Actors' Equity Association the second;_____ shall be the third.
These three shall constitute the board and the decision of a majority of the arbi
trators shall be the decision of all and shall be binding upon both parties and
shall be final. The board shall hear the parties and within seven days shall decide
the dispute or claim. The board shall determine by whom and in what propor
tion the cost of arbitration shall be paid, and the parties hereby constitute said
board their agents and agree that its decision shall constitute an agreement
between them, having the same binding force as if agreed to by the parties
themselves. Further, that they and each of them will, if required, sign such
individual arbitration agreement as to make said arbitration comply with a
legal arbitration under the laws of the State of New York, and the rules of the
supreme court thereof, and that judgment upon the award may be entered in
the Supreme Court of the State of New York. The oath of the members of the
board of arbitration shall not be necessary unless specifically requested by one
of the parties.33

By these terms, the Actors’ Equity Association is given authority
to represent the actor, choosing for him his arbitrator. This was
also the case under the P. M. A.-A. E. A. contract. It should be
mEquity

minimum contract, clause 6, Appendix E.

ACCOMPLISHMENTS OF ACTORS* EQUITY ASSOCIATION

stated that the association has steadfastly refused to ask for the
arbitration of any claim which does not seem almost certain to win
a favorable verdict. Its leaders have insisted that Equity could not
afford to establish a record for defending doubtful claims or any
claim that could not be supported whole-heartedly. This stand
doubtless accounts for the mgh percentage of decisions that have
been given favoring the actor.34
During the life of the P. M. A.-A. E. A. contract, from 1919 to 1924,
arbitration affecting members of the Producing Managers’ Association
and of the Actors’ Equity Association was administered through a
permanent joint arbitration board consisting of three members of
each association and an impartial umpire, the latter being chosen
anew for each meeting of the board. Submission of a claim to for
mal arbitration was not necessarily an indication that the amount
involved was large; often it meant simply that the parties to the
dispute were holding on tenaciously in defense of a principle that
seemed worth fighting for. The cases heard by the board in 1923
are summarized in Appendix F. Several of the awards were as small
as $50 each, one amounted to $2,700, and larger claims have been
granted in other years. The 1923 claims were for salaries for the
most part, but some of these were complicated by the inclusion of
explanations of lost performances, payment for rehearsals beyond the
allotted probationary period, dismissal for cause, and details of verbal
agreements. A decision of wide application was one pertaining to
sleeping-car accommodations for members of choruses, and there
were several cases in which the awards affected whole companies.
Of the 24 claims heard in that year, 18 were decided in favor of the
actor, 1 for the manager, and 5 were either postponed or referred to
independent arbitration.
With the expiration of the P. M. A.-A. E. A. agreement, the joint
arbitration board went out of existence. This was on June 1, 1924.
Since that time all cases have been heard and settled by arbitration
supplied by the Arbitration Society of America, and not in accord
ance with the provisions of clause 6, quoted above.
COLLECTION OF CLAIMS

Awards of the joint arbitration board have usually been paid with
out question, though not always without delay. In numerous in
stances, however, claims are so obvious that they are neither negotiated
nor arbitrated and yet are not paid voluntarily. Such, for example,
are claims for salaries due at the close of a season, for transportation
of actors dismissed while on tour, and so forth. These are claims
that are admittedly due, that do not need to be proved but to be
collected. Added to these are claims against managers who dispute
the accounts and yet refuse to arbitrate them; these cases have first
to be proved and then collected.
The members of the legal department of the Actors’ Equity Asso
ciation in their private capacities, undertake the collection of such
claims for Equity members. The actor himself, being on tour much of
HQf. the awards of the joint arbitration board daring 1923, Appendix F,

COLLECTIVE BARGAINING BY ACTORS

the time, is in a poor position to trail the manager with demands for
payment or to take effective legal action. He therefore files his claim
with the legal department, knowing that it will be collected if stren
uous action will effect that end. The association has established an
excellent record for prompt adjustment of claims with managers who
have assets; and it keeps a watchful eye on past defaulters, ready to
pounce upon them when their fortunes change for the better. Claims
thus intrusted to the legal department are collected on the best terms
obtainable. Frequently collection can be made in full, but upon
occasion concessions are advisable if not imperative. In 1920 a mu
sical comedy closed suddenly owing members of the company some
$5,000 in salaries. It was not until 1924 that any collection was
made, and then only on a 50 per cent basis. But had the claims
been presented individually they would likely have been dropped
long since. Indeed, so improbable did collection seem in this instance
that 14 of the claimants had not bothered to keep the association ad
vised of their addresses, and most of these were reached only through
the columns of the Equity magazine.
Claims of members to the amount of $500 are collected without any
charge. On claims larger than this the association receives a com
mission of 5 per cent, $500 of the amount being collected free. This
is, of course, a materially lower fee than is ordinarily charged by
collection attorneys. Located throughout the country are 150 law
firms that are known as associate attorneys. Though not members
of the Equity legal staff, the associate attorneys accept and press
claims on behalf of Equity members at reduced rates.
Another function of the legal department touches very closely the
interests of the members. Equity members in good standing are
entitled to legal advice from the regular legal staff without charge.
This is a privilege of which members frequently avail themselves.
This service relates to contractual advice only.
The achievements of the Actors’ Equity Association which have
been discussed relate almost wholly to gains represented by the
Equity minimum contract, which are the gains of collective bargain
ing. Emphasis has been placed upon the most significant of its
provisions and those seeming to demand interpretation or illustra
tion. A reading of the rules governing standard minimum contracts
(Appendix E) will reveal other gains—the payment of salaries on
Saturday instead of on Tuesday, the statement in the contract of ac
tual and not a fictitious salary, the provision that the use of under
studies or other changes in casts shall be announced to the audience,
and so on—but these are of minor importance in comparison with
the benefits derived from the enforcement of those clauses that
have been dealt with at some length.
The Equity minimum contract is distinctly a minimum contract.
Any performer who is able to make better terms, by reason of
special bargaining power, is perfectly free to do so. An actor may
specify, for example, that he is to be featured in all newspaper
advertising, that his name is to appear in electric lights at the theater
entrance, or that he is to have a private car while on tour. He is
also at liberty to secure the highest salary that his ability can

ACCOMPLISHMENTS OP ACTORS* EQUITY ASSOCIATION

demand—the Actors’ Equity Association has nothing to do with
wage rates. Contracts are not reviewed by Equity officials unless
their advice is asked, nor are they registered in any way. The
remuneration which an actor receives remains, therefore, his own
private affair unless he or his manager chooses to make it public.
What the association does is to specify the minimum working con
ditions under which its members may accept employment. No
member is permitted to sign an agreement less favorable than the
Equity minimum contract, for this instrument is believed to contain
provisions equitable to both manager and actor, which can not be
reduced without peril both to the individual actor and his fellow crafts
men. There may be occasional violations of this regulation, though
there would seem to be little point to such violation, for if an actor
hoped, by striking out a required clause, to secure a part that might
otherwise go to another peiformer, he could gain this advantage
just as easily by making a salary concession, which would be entirely
permissible*

Chapter III.—ORGANIZATION, CONTROL, AND AFFILIATIONS
OF ACTORS’ EQUITY ASSOCIATION
AFFILIATED UNIONS

By virtue of an international charter, granted by the American
Federation of Labor in 1919, the Associated Actors and Artistes of
America is authorized to organize into unions the professional enter
tainers of the United States and Canada. The right to unionize
stage performers had been held by two other international bodies—
by the Actors’ International Union up to 1910, and by the White
Rats Actors’ Union from 1910 to 1919. In both instances the char
ters were surrendered voluntarily1to permit the issuance of new inter
national charters which would be satisfactory to important groups
of actors which had been formed outside the Federation but were
later prepared to affiliate.
The Associated Actors and Artistes of ilmerica has no authority
over theatrical employees other than stage performers. Musicians,
motion-picture operators, and stage hands, for example, come with
in the jurisdiction of other internationals.2 The “ Four A’s,” as the
Associated Actors and Artistes of America is commonly called, may
be classified as an international craft (or trade) union, since it in
cludes only members of one craft, the acting profession. Within
this group come all those who entertain upon the stage, including
dramatic actors, singers, dancers, musicians who appear on the stage
as opposed to those who play in the orchestra pit, and that miscel
laneous class of entertainers known as variety or vaudeville artists.
The Four A ’s has granted charters to nine groups which fall
within its jurisdiction. These nine organizations control the various
branches of the entertainment field so far as performers are con
cerned. Three are made up of actors in the legitimate theater. They
are: Actors’ Equity Association, Hebrew Actors’ Union, and Hunga
rian Actors and Artists’ Association. The English-speaking vaude
ville branch of the Four A’s is the American Artistes’ Federation. Ger
man-speaking vaudeville performers belong to the Deutsche White
Rats Actors’ Union. Members of the chorus have representation
through the Chorus Equity Association and the Hebrew Chorus Union
of New York and Philadelphia. The choristers of grand opera are
members of the Grand Opera Choral Alliance. Finally, the Yiddish
Playwrights and Authors, though not actually performers, are also
chartered under this international union.
An accurate definition of jurisdiction is vital to the smooth work
ing of union relations. In the legitimate division of the Four A’s,
lines are drawn on the basis of language. Actors in the Hebrew and
iCf. Ch. I, pp. 1,8.
JThe musicians belong to the American Federation of Musicians, the stage employees and motionpicture operators to the International Alliance of Theatrical Stage Employees and Moving Picture
Operators.

OBCANIZATION, ETC., OF ACTORS * EQUITY ASSOCIATION

Hungarian speaking theaters have separate branches for their respec
tive groups. The Actors’ Equity Association includes those perform
ers appearing in legitimate theaters in which English or French is
spoken. Following is an outline of Equity jurisdiction:3
All players or entertainers who are individual or independent in their work
and who do not exclusively act in mass formation, in any places where represen
tations in English or French are given, containing a sustained plot. This includes
and means such performances as Shakespeare, drama, melodrama, comedy
(musical and otherwise), farce, light opera, grand opera principals, and such
performances as 1‘revues” and “ follies” or entertainments of a similar nature
where such performances take up approximately 85 per cent of the time allowed
for the performance; but this does not include what is known as ‘‘ burlesque, ” a
Hippodrome show, or chorus. This jurisdiction also includes all motion-picture
artists, but not those who appear in “ mobs ” only.

This definition of jurisdiction shows that the term “ legitimate, ”
as applied to the province of the Actors’*Equity Association, is purely
arbitrary. It is used chiefly for the purpose of distinguishing
dramatic, musical comedy, and revue players from those of the vaude
ville world, for no jurisdictional conflict is likely to occur within the
Four A ’s, except as between legitimate actors and vaudeville perform
ers. The latter have representation through the American Artistes*
Federation, which fell heir to what was left of the White Rats Actors’
Union after its disastrous encounter with the Keith interests in 1917.4
The control of the American Artistes’ Federation embraces:5
All players or entertainers who appear in places where entertainments in Eng
lish or French, such as vaudeville, variety, burlesque, cabaret, concert, or any
combination of same (such as chautauqua or minstrels or concert parties), and
circus performances are given, including such performances as are given at the
Columbia Theater, Seventh Avenue and Forty-seventh Street, New York; the
Hippodrome, Sixth Avenue and Forty-third Street, New York; the American
Theater, Forty-second Street and Eighth Avenue, New York; the Ringling Circus,
and what are known as carnivals, fairs, parks, and all other outdoor amusements
where such entertainments are composed of individual or independent perform
ances not connected with a plot, except where there may be a performance with
a connected plot as an incident to such entertainment.

If the American Artistes’ Federation were an active, functioning
union, capable of offering tangible benefits to its members, the rela
tion between it and the Actors’ Equity Association would be most
important, for there is a small but fairly continuous shift of players
between the legitimate and vaudeville fields. By agreement the
actors who thus pass from one field to the other transfer their alle
giance to the union under the jurisdiction of which they temporarily
come and pay dues to that organization. As a matter of actual
practice dramatic actors play occasional seasons in vaudeville, retain
ing membership in and paying dues to the Actors’ Equity Associa
tion. The explanation goes back to the vaudeville strike of 1917.
So thorough was the defeat then administered to the striking actors
and so completely were they routed that the vaudeville union has
never since been able to collect its forces and regain its lost power.
A general belief exists that membership in the American Artistes’
Federation, if it becomes known in the Keith offices, is an absolute
bar to the securing of employment. Personal regard for James
William Fitzpatrick, president, and Harry Mountford, secretary, of
•This is the official statement of jurisdiction as outlined by the Four A’s.
4Cf. Ch. I, pp. 8 and 12; also Ch. Ill, p. 42.
6This, again, is the official statement of jurisdiction.

COLLECTIVE BARGAINING BY ACTORS

this union, both of whom have battled courageously though unavailingly for the vaudeville actor, has impelled some 300 variety per
formers to take out membership in the American Artistes’ Federa
tion. These members are known not by name, but by number only,
a precaution which indicates that the danger of blacklisting is felt
to be a real one. The American Artistes’ Federation in its present
condition is not able to bargain for its members, so that membership
carries with it not only no Benefits but a good deal of risk. Under
these circumstances there is little if any transfer of membership when
legitimate actors enter the vaudeville field.
In addition to the American Artistes’ Federation, there are five
branches of the Four A ’s, the members of which are not classified as
legitimate actors. Much the largest of these is the Chorus Equity
Association, which, though separately chartered, is so intimately asso
ciated with the Actors’ Equity Association as to warrant detailed
consideration in another chapter.6 The others are the Hebrew Cho
rus Union of New York and Philadelphia, with closed union and closed
union shop; the Grand Opera Choral Alliance, which is also a tightly
closed organization; the Deu sche White Rats Actors’ Union, with open
union but closed union shop; and the Yiddish Playwrights and Authors.
These last four are not important for the purposes of this study,
which is concerned with entertainers in the legitimate field. Nor,
indeed, will there again be occasion to mention the Hungarian union
with its 70 members. The jurisdiction of the Actors’ Equity Associ
ation, as has been seen, includes legitimate players who perform in
English or French; but of the latter there are almost none, since plays
in French are seldom presented in America. The organization and
control of the Actors’ Equity Association will be examined at length
in the course of the present chapter; and in Appendix G is given a
short account of the Hebrew Actors’ Union, to which reference has
already been made.7
Representation in the councils of the Four A ’s is on the basis of
membership figures of the several branches. Dues are paid to the
international at the rate of 50 cents annually for each paid-up mem
ber of the separate unions. Of this amount, 1 cent per member per
month goes into the treasury of the American Federation of Labor.
A branch having 300 or fewer paid-up members is entitled to one
vote in the international union, and an additional vote is allowed for
each additional block of 300 members. Representation in the inter
national on this basis is as follows:
Branches of Four A’s

Actors' Equity Association------------------------------------------------------------------Chorus Equity Association____________________________________________
Hebrew Actors’ Union-----------------------------------------------------------------------Grand Opera Choral Alliance____________,_____________________________
American Artistes' Federation------------------------------------------------------------Deutsche White Rats Actors' Union___________________________________
Hungarian Actors and Artists’ Association___________________ __________
Hebrew Chorus Union------------------------------------------------------------------------Yiddish Playwrights and Authors_____________________________________
T otal________________________________ _________________________

Votes

24
7
1
]
1
1
1
1
1
38

•In Oh. IV. The distinction between actor and chorus is that the actor is a player who is “ individual
or independent ” in his work, whereas the chorus members sing, dance, or appear in group formations
in a musieal comedy 01 revue.
yIn Ch. I, p. 16. And is again made in the present chapter, pp. 45 and 46.

ORGANIZATION, ETC., OF ACTORS* EQUITY ASSOCIATION

This tabulation shows very clearly the strong position occupied by
the Actors’ Equity Association, commanding as it does nearly twothirds of the total vote in the Four A’s, and with the strength of the
Chorus Equity Association, which it controls almost as a matter of
course,8 31 of the 38 votes in the international. Nor is the situa
tion likely to change. The Equity shop policy, as has been demon
strated,9 virtually guarantees the Actors’ Equity Association and
the Chorus Equity Association against loss of membership; and the
only other branch with potentialities of largely increased member
ship is the American Artistes’ Federation, which gives no signs of
being able to overcome its present handicaps. The conditions of
several years back have been reversed. In 1916 the Actors’ Equity
Association refused to affiliate with the American Federation of
Labor lest Equity should lose its autonomy by coming under the
control of an international dominated by the vaudeville branch.
With the decline of the vaudeville union and the threefold growth
that has been experienced by Equity, the Actors’ Equity Association
has come into control of the Four A’s, and the policies of this branch
have become the policies of the international. Since the Equity is
a conservative body, as trade-unions go, the Four A’s is a conserva
tive international. Messrs. Mountford and Fitzpatrick, who held
important official posts when the international was first chartered,
have since been removed from office. This action is not without
significance, in view of the fact that these former officers are tradeunionists of the more militant type. Though the Actors’ Equity
Association has instituted and fought one strike aiid (in 1924) a
partial strike, it has consistently shown a preference for negotiation
as against direct action. This policy is now extended to the Four
A’s through Equity’s leadership in the international body.
So long as an international union pays dues with regularity and
does not attempt to exercise authority outside the jurisdiction granted
it by charter, it is, as Professor Hoxie has shown,10 “ practically inde
pendent of higher federal authority.” In the present instance the
Actors’ Equity Association and the Four A ’s are identical in point of
effective control, so that the Equity Association is not hampered in
any way by its affiliation with the American Federation 01 Labor.
True, it pays into the treasuries of the international and the federa
tion about $3,800 annually,11 but in return it receives the moral
support of three and one-half million trade-unionists and their families
and tacit assurance that these sympathizers would boycott “ unfair”
theaters in time of emergency. In the actors’ fight of 1919 sympa
thetic strikes called by other branches of organized labor doubtless
shortened the duration of the struggle. Sympathetic strikes are out
lawed by the basic agreement of 1924,12but in the event of abrogation
of .the agreement by the managers this restraint would be removed
and a powerful weapon, as was demonstrated in 1919, would be made
available for use. Firmly fortified as Equity now is, the need for the
sympathetic strike seems very remote, but the knowledge that the
8Cf. Ch. IV, p. 54.
*Cf Ch. I, ppi 15, 16, and 20. The Equity shop principle is enforced by both the Actors’ Equity
Association and the Chorus Equity Association.
10Cf. R. F. Hoxie, Trade-Unionism in the United States, p. 114.
11Equity, June, 1924, p. 20.
wManagers’ Protective Association-Actors’ Equity Association basic agreement, clause 14, Appendix D.

COLLECTIVE BARGAINING BY ACTOBS

association is backed by organized labor is a source of confidence to
the actors and of apprehension to possible adversaries.
The Actors’ Equity Association is affiliated as a member with the
Central Trades and Labor Council of Greater New York, the Chicago
Federation of Labor, and the State Federations of Labor of New
York, Illinois, and Indiana. The benefits accruing from these affili
ations are not easily defined. But the various organizations oppose
harmful legislation, champion measures helpful to labor, and in gen
eral strive to promote the interests of the trade-unionists. Finally
may be mentioned the working agreement that exists between the
Actors’ Equity Association and two groups of foreign actors. These
are the Actors’ Association of Great Britain and the Australasian
Actors’ Association. Though no formal covenant *has been entered
into, there is a clear understanding between the groups that an
actor shall be subject to that association which holds jurisdiction
in the country in which he happens to be performing. English ac
tors playing in America, for example, come under the authority of
the Actors’ Equity Association. Moreover, strike-breaking on the
part of visiting actors is forbidden.
ORGANIZATION AND CONTROL OF THE EQUITY ASSOCIATION

With the ground cleared by this brief survey of Equity affiliations,
attention may now be centered upon the association itself. The
Actors’ Equity Association is a craft or trade union, since it confines
its activities to a single craft, that of the legitimate actor. It is a
business union in that its sole aim is to look after the business inter
ests of its members to the extent the members wish these interests to
be handled collectively. It is in no sense a social or beneficial organi
zation. It makes no provision for insurance against sickness, old
age, or death. Its chief service has been to establish a trade agree
ment, defining the conditions under which its members might work.
It is a commonplace in labor circles that the purpose of collective
bargaining is to improve the worker’s status in matters of wages,
hours, and working conditions. That the observation does not ap
ply in its entirety to the bargaining of the Actors’ Equity Associa
tion may be seen by reference to Chapter II. No attempt is made,
or ever has been made, by the Actors’ Equity Association to regu
late the salary of any actor.13 This is purely a matter of individual
bargaining between player and manager. There is no effort to dictate
hours in the strict sense in which hours are specified in many trades.
The association has established a standard week of eight perform
ances, with extra salary for programs played beyond that number;
but a performance may be very short, say two hours in length, or it
may run for three or even four hours without a word of protest from
Equity. It is to the regulation of working conditions that the asso
ciation has bent its efforts and more particularly to the acceptance
of a contract specifying who should pay certain necessary expenses
and upon whom losses, when they occur, should fall.14
The Actors’ Equity Association operates under the Equity-shop
principle. Without reviewing at length a policy which has already
i*But tne Chorus Equity Association enforces a minimum wage rule.
14These points are discussed in detail in Ch. 11.

ORGANIZATION, ETC., OF ACTORS* EQUITY ASSOCIATION

received consideration,15 it may be repeated that Equity shop is a
closed union shop with an open union. In its relation to members
of the Managers’ Protective Association the closed union shop is not
necessarily 100 per cent effective, and need be adopted by these man
agers, if they choose, only to the extent of 80 per cent. As a matter
of practice, however, the percentage is unquestionably much nearer
100 than 80.16 Managers who are not members of the Managers’
Protective Association are required to employ all-Equity casts if they
use any Equity members in any company.17 The Actors’ Equity
Association has about 11,000 members, approximately 7,400 of
whom18 are paid-up members and therefore in good standing.
Members are not dropped for nonpayment of dues until 18 months
have elapsed, though they are “ out of benefit” if dues are not paid
within one month after they fall due. This leniency in the matter
of dues explains the inclusion in the total membership of 3,600 actors
who are in arrears. The paid-up membership of the association prob
ably represents 97 per cent of all English-speaking legitimate actors
in America who now have engagements.19
The Actors’ Equity Association is an open union; that is, it does not
try to limit its membership through the erection of high barriers.
On the contrary, it has always urged upon actors the importance of
joining the union, and it instituted the Equity-shop policy largely
to insure an adequate, permanent membership. Anyone20 who is
engaged to play a part in a legitimate performance is eligible to
membership. There are two classes of members:21
1. Persons who have been actors for at least two years are eligible to election
as regular members.
2. Persons who have been actors for less than two years are eligible to election
as junior members.

The initiation fee for regular members is $25,22 and for junior
members $10. The dues for both classes are $18 a year, pay
able semiannually. Junior members are not entitled to hold office,
to vote, or to attend regular or special meetings. ^ The material
benefits of membership are applicable to regular and junior members
alike.23
The ease with which a member of the craft may become a member
of the union is worthy of comment, for this is the mark of the true
open union. The $25 initiation fee and $18 dues of the Equity open
union may be contrasted with the $150 initiation fee and $75 dues
of the Hebrew actors’ closed union.24 Even more important, because
of its power to block admission to the union, is the test of acting
»In Ch. I, pp. 14 to 16.
16Because the membership of Equity is increasing weekly, it is becoming more difficult all the time to
find non-Equity players able to fill the parts available. Cf. also Ch. I, pp. 16 to 20.
17Except that members of the Actors’ Fidelity League who were in good standing in that organization
on Sept. 1, 1923, are exempted from this ruling. Cf. Ch. I, p. 19.
is The number changes from day to day. The figures given are as of November, 1925. Cf. Ch. 1, p. 21.
»Cf. Ch. I, p. 21.
wA few colored actors belong to the association. However, Equity does not exercise close control over
the type of entertainments in which colored performers usually appear, and on this account it has urged
the negro actors to form a union of their own.
21Cf. Managers’ Protective Association-Actors’ Equity Association basic agreement, clause 15, Appen
dix D.
“ But actors playing in repertoire, tent, tabloid, and boat companies pay an initiation fee of only $10,
and yet become regular members. To this extent the “ faculty ” or ability theory of taxation applies in
Equity charges.
» The basic agreement and Equity minimum contract apply to all members.
**Cf. Appendix G.

69702°—26f------ 4

COLLECTIVE BARGAINING BY ACTORS

ability required of the Hebrew actors and passed upon by the mem
bers, as opposed to admission to Equity membership without exam
ination as soon as an engagement is secured. The Hebrew Actors’
Union definitely undertakes to limit its membership, while the Actors’
Equity Association makes no attempt in that direction. Indeed,
Equity has bound itself for 25 years to increase neither the qualifi
cations for membership nor the initiation fees:
The Equity Association agrees to accept the application of and to admit to
membership any person of good character and of sufficient age to legally be
allowed to be an actor (except persons who have been duly dropped or expelled),
upon payment of the regular initiation fee prescribed for such intended member
and the usual and then current dues, which initiation fee shall, during the term
hereof, be as follows:
(1) Ten dollars for junior members, junior members now being defined as
actors of less than two years’ experience.
(2) Twenty-five dollars for all others,meaning by “ all others,” as said classi
fication is now made, actors of more than two years’ experience. Equity mem
bers who shall have resigned of their own volition and in good standing and who
may wish to reenter shall be forthwith reinstated upon application and upon the
payment of the initiation fee and advance dues payable by new members of the
same class.25

The profession of acting differs from most trades in that it des
tines its members to a migratory existence. Some few theatrical
companies remain in the larger cities for weeks at a time, or even for
entire seasons; but the average actor, however great a player he may
be, expects to spend a good part of his professional life traveling from
kwn to town, thus reaching the audiences essential to the practice
of his craft. The result is that the Actors’ Equity Association does
not have local unions scattered throughout the country, as is the
custom in many trades. It has but one organization, with head
quarters in New York City, though for convenience in operation
there is a branch office (which, however, is in no sense a “ local” ) in
four important theatrical centers.26 Further, it has not been found
feasible to follow the common union practice of holding frequent
meetings. The enforced absence of members from New York dur
ing the busy season, from September to May, would mean an even
more meager attendance than that customary at the meetings of
nonmigratory unionists.27 The Actors' Equity Association has but
one stated meeting each year, the annual meeting held either late in
May or early in June, after the season has closed for most members.
Special meetings may be called, and are called, as necessity demands,
but the annual meeting, at which officers and members of the coun
cil are elected, is the important meeting and frequently the only
general meeting of the year. The wisdom of this plan is demon
strated by the results. The average attendance is quite high compared
with attendance at the usual trade-union meeting. The annual
meetings of 1922, 1923, and 1924 brought together, respectively, 18,
14, and 22 per cent of the paid-up membership. At a special meet
ing at which the Equity shop decision of J udge Mack was announced,28
August 28,1921, 36 per cent of the members were present.
26Cf. Managers’ Protective Association-Actors’ Equity Association basic agreement, clause 15, Appen
dix D.
*Cf. Ch. Ill, pp. 48, 49.
27Cf. R. P. Hoxie, Trade Unionism in the United States, p. 178.
» Cf. Ch. I, p. 17.

ORGANISATION, ETC., OF ACTORS* EQUITY ASSOCIATION

But the infrequency of meetings gives rise to a serious question:
How, under these circumstances, shall members be instructed in the
principles and methods of the organization? The drill in tradeunion policies and the whipping up of enthusiasm, for which local union
leaders are usually responsible, can not be used here where contacts
are so limited. The problem is as yet unsolved, though members
have been able to keep in touch with Equity activities in some meas
ure through the medium of a monthly journal, the Equity magazine.
This is a publication of about 50 pages each month, devoted to the
enunciation of Equity principles, concrete examples of benefits en
joyed by members, authoritative advice on current problems related
to the profession, and generally informative articles dealing with the
theater in its various aspects.29 The Equity magazine proved espe
cially valuable in the exposition of trade-unionism during the three
years preceding affiliation with the American Federation of Labor,
and again in explaining the purposes and proposed operation of the
Equity-shop policy prior to its partial enforcement in 1921 and its
extension in 1924. But the building up of a strongly trade-conscious
organization can not be so well accomplished through the printed
word as by personal contacts.
The unpaid officers of the association consist of president, first and
second vice presidents, recording secretary, and treasurer. The term
of office is one year, but reelections are quite common. For example,
Equity has had but two presidents in its 12 years of existence. The
first was Mr. Francis Wilson, the veteran comedian, who might have
remained in office indefinitely had he not insisted upon being allowed
to retire, whereupon he was honored with the title president emeritus.
His successor, Mr. John Emerson, has since held the office. Actual
control of the organization, as will be shown, is vested in the coun
cil, and to this body 16 members are elected annually to serve for
three years. This arrangement provides a council of 48 members,
32 of whom are experienced through either one or two years of serv
ice as councilors. Members unable to attend the meeting are al
lowed to cast their ballots by mail. The conditions leading to infre
quent meetings of the general membership affect also the member
ship of the council and the size of its quorum. Members of the coun
cil are usually prominent players, most of whom are certain to be
absent from New York during at least part of the year. To insure
sufficient attendance to permit the transaction of business, a body
of 48 councilors is chosen, one-third of this number each year, but
it takes the presence of only 5 members to constitute a quorum.
The attendance is ordinarily well above this minimum* the average
being from 12 to 15. Meetings of the council are held weekly
throughout the year.
The council is the governing body of the association and few restric
tions have been placed upon its authority. To the council are in
trusted “ the general management, direction, and control of the affairs,
funds, and property of the association * * * except as they are
controlled by the constitution and the by-laws.” 80 Matters not cov
ered by the constitution or the by-laws are “ in the discretion of the
council,” and the council has the power to repeal or amend the by-laws
29 The payment of dues entitles members to receive the Equity magazine without extra charge,
w Constitution, Art. II, sec. 1, Appendix H.

COLLECTIVE BARGAINING BY ACTORS

and to make rules supplementing the constitution and the by-laws.31
The council appoints the paid officers of the association, who are the
executive secretary and assistant executive secretary, and has the
power to remove them at will, with or without cause.32 These paid
executives, in turn, engage the representatives and clerical workers
who look after the business details of the association. Committees are
appointed by the president, but the appointments are confirmed by
the council.33 Members of committees may be removed at any time by
the council,34 and it may create new committees.35 The council may
remove members of its body for cause and it may also remove officers
of the association, though this latter action must be ratified by the
association.36 The council has the power, moreover, to fill vacancies
“ occuring in the council or in any of the offices or in any committee.” 37
The council may censure, suspend, or expel from membership any
member for “ any act, omission, or conduct which is prejudical to the
welfare of the association,” 38though such member is given the right
of appeal to the association.
This extensive delegation of authority shows, first, that the Equity
members realize the hopelessness of detailed control of association
affairs by an absentee membership; and, second, that they have con
fidence in the integrity and sound judgment of the council. The
>owers reposed in the council are so broad that this body could take
ar-reaching action, and yet not exceed its authority. That it retains
these powers intact may be due in part to the fact that it has not
abused its authority. No vital move has yet been made by the
council without first ascertaining the will of the membership. The
council, for instance, had ample authority to effect affiliation with
the American Federation of Labor, but it first called a special gen
eral meeting to determine whether the question of trade-unionism
should even be considered, and later it put up to a vote of the mem
bership the motion recommending that th6 association join the na
tional federation.39 Again, a referendum was taken on the Equityshop policy,40which could have been inaugurated by simple edict of
the council. This regard for the wishes of the members has not
been wholly unrewarded, if a vote of confidence may be accounted a
reward. Time and again the membership has given this manifesta
tion of its approval; indeed, never thus far has it failed to pass a
measure proposed by the council.
The council operates through an executive committee of seven
members—two paid officers, two unpaid officers, two council members,
and the Equity counsel. This committee is appointed by the coun
cil. The administrative details of the association are under the direc
tion of Frank Gillmore, who has been executive secretary since Jan
uary, 1918. Associated with him is Paul Dullzell, assistant executive
secretary. The bulk of the administrative work is handled at the
New York headquarters, 45 West Forty-seventh Street, by a force
of 28 paid employees. A branch is maintained in each of four other
cities—in Chicago, because that city is important theatrically, and is
a base for stock companies; in Kansas City, the center of repertoire

{

11 By-laws, Art. II, sec. 9, Appendix H.
m Idem, sec. 11, Appendix H.
*•Idem, sec. 7, Appendix H.
« Idem, sec. 6, Appendix H.
* Idem, sec. 8, Appendix H.

36Idem, sec. 5, Appendix H.
*7 Idem, sec. 10, Appendix H.
18Idem, Art. V, see. 1, Appendix H.
*®Cf. Ch. I, p. 5.
Cf. Ch. I, p. 15.

ORGANIZATION, ETC., OF ACTORS’ EQUITY ASSOCIATION

and tent companies; in Los Angeles, due to its prominence in the
motion-picture world; and in San Francisco, which is the general the
atrical center of the Pacific coast. There are five Equity representa
tives in the Chicago office; two in Kansas City, five in Los Angeles,
and one in San Francisco. These branches do much to lessen the
demands upon the main office. Members are requested to take up
with the nearest Equity representative any matters requiring official
action. Action is thus facilitated and adjustments are made more
readily than would be possible through the New York office. Through
the distribution of representatives throughout the country it is pos
sible to send an Equity official promptly to any point where his
presence might be necessary, ana this is frequently done. Every
theatrical company is expected to elect one member of the cast to serve
as Equity “ deputy. ” The deputy is an unpaid representative whose
duty it is to act for the association in minor matters, and to refer at
once to the nearest paid official or to the main office any violations of
contract or other matters requiring action. The deputy is also ex
pected to see to it that members of his company pay their dues
promptly.
Through this system of deputies and paid representatives the actor
on the road is kept in touch with Equity headquarters. The branch
offices are in no way independent of the New York organization.
They receive orders from and report back to the main office. They
are authorized to collect dues, which they forward to the treasurer in
New York, and in return their operations are financed from the New
York headquarters. The expenditures of the association for the fiscal
year ending April 30, 1925, an average year, were $179,885.81,
divided as follows:41
Item

Amount

Operating expenses______________________________________________________
Labor affiliations_________________________________________ ______________
Other expenses________________________ ________ ___ ________ ______ _ ____

$170,007.21
3,792.83
6,085.77

94.51

Total_______________________ _______________________________ ______

179,885.81

100.00

Per cent

2.11

3.38

Summary: The Actors’ Equity Association is, in structure, a craft
or trade-union; in function, a business union. It is affiliated with
the American Federation of Labor through the Associated Actors and
Artists of America, an international union. The Equity Association
commands sufficient votes to insure control of the international, so
that it is strictly autonomous within its jurisdiction. It leans to
ward the settlement of industrial differences through negotiation
rather than through direct action. It operates what is virtually a
closed shop, but it is definitely pledged to the open union principle
for a period of 25 years. The control of the association resides pri
marily in the council, which has vast powers, but the council consults
the membership when matters of importance are being decided. The
aid officials are appointed by the council and are subject to this
ody. The business of the association is administered through the
main office and four branch offices, with the aid of paid represent
atives and unpaid deputies.

« Equity, June, 1925, p. 1$.

Chapter IV,—CHORUS EQUITY ASSOCIATION
The Actors’ Equity Association was organized in 1913, but it was
not until six years later, during the strike of 1919, that the Chorus
Equity Association entered the field of trade-unionism. It was
originally referred to as “ the Chorus branch of the Equity/’ 1 but
it soon became evident that some of the problems confronting the
chorus were different from those of the legitimate actor, so that a
separate group was formed and the Chorus Equity Association allied
itself with organized labor under a charter granted by the Associ
ated Actors and Artistes of America.
It has been explained in Chapter III that a player who is “ indi
vidual or independent” in his work is classed as an actor and the
person “ who sings, dances, or appears in group formations in
musical comedy or revue” is a chorus member.2 Several further
distinctions may now be drawn. The actor is in a more advanta
geous bargaining position, as his work is “ individual” ; he can not be
so easily replaced as the chorus member who is but one among
many. The actor, again, because of his greater maturity, is some
what practiced in business methods, if only through his deal
ing with the managers; but the chorus member, of necessity
young and usually with no business experience, not only bargains
badly but quite often fails wholly to grasp the importance of living
up to definite agreements. Finally, the actor, with few exceptions,
looks upon the stage as a life work, but the chorus career by the
very nature of things is limited to a comparatively few years. A girl3
may enter the chorus at 18 or even younger, but by 25, except in rare
instances, her task is done, for the chorus demands above all else the
beauty and freshness of youth. As these pass, new faces crowd the
scene—for there is sharp rivalry for chorus positions—and the older
members seek new occupations. Some few, to be sure, remain on the
stage permanently by preparing themselves for other types of stage
work, such as speaking, singing, or dancing parts in which they are
“ individual” and not merely members of groups. In this manner
96 persons have become “ actors” and have “ graduated” from the
Chorus Equity Association into the Actors’ Equity Association
during the past five years.
It is the intense competition for places, the lack of business sagac
ity, and the irresponsibility of youth that have made necessary a sep
arate organization for these entertainers of the legitimate theater.
The Chorus Equity Association exercises a closer supervision over its
1Equity, September, 1919, p. 4.
2Cf. Ch. Ill, p. 44, footnote. The chorus member is thus described by the executive secretary of the
Chorus Equity Association. The definition of an actor is taken from the official statement of Actors’
Equity jurisdiction; cf. Ch. Ill, p. 41.
3There are chorus men as well as chorus girls, but the former comprise only about 10 per cent of the
total.

CHORUS EQUITY ASSOCIATION

members in their business relations than does the Actors' Equity Asso
ciation. It does this in part, so it claims, for the benefit of the mana
ger, so that he may be reasonably certain that chorus members will
live up to their contracts; but in the main, and admittedly, it aims
at the protection and advancement of its members. And this is a
business that requires haste, for the actor may well make economic
concessions while mastering his art, in view of his professional future,
but the brevity of a chorus career does not warrant such sacrifice,
since earning power declines as the years go by. The Chorus Equity
Association, like the Actors’ Equity, has written its achievements into
a minimum contract;4 but the Chorus Equity has gone several steps
further than the Actors’ Equity,5 and these additional provisions
may now be examined.
The first of these relates to salary. The Actors’ Equity Asso
ciation leaves the amount of salary wholly to bargaining between
the contracting parties, but the Chorus Equity has established a
minimum wage of $30 weekly in New York and $35 on the road.6
This minimum is an attempt to cope with the problem of undercut
ting of salaries by young girls anxious to go on the stage. “ Any
girl with an average amount of good looks, a good figure, and natu
ral grace can be a show girl after four weeks of rehearsal.” 7 And
to hundreds of girls a season in a New York chorus is most appeal
ing. As a consequence there was in pre-Equity days so much demand
for jobs that the usual chorus salary was $25 a week.8 Even in
1924 a New York manager found chorus girls willing to work at a
salary of $12 a week, and it required the insistence of the Chorus
Equity Association to maintain the standard minimum wage.9 The
$30 a week set by the Chorus Equity is distinctly a minimum. The
chorus member is not permitted to accept less than this amount, but
there is no upper limit save that set by the ability of the individual
and the needs of the manager. At the present time, with the excep
tion of the Shubert productions, chorus members in first-class musi
cal comedies and revues receive salaries of from $40 to $50, and a
few get as much as $75 a week. But the Shuberts produce four
times as many musical shows as any other one management, and
since they pay only the minimum salary it is safe to say that approxi
mately 75 per cent of the New York chorus people receive no more
than the minimum wage set by the Chorus Equity Association. The
< Cf. Appendix K .
6 The provisions of the Equity minimum contract as analyzed in Ch. II apply also to the chorus. It is
an interesting and important fact that prior to the strike of 1919 contracts were almost never issued to
the chorus.
« Chorus Equity minimum contract, clause 3, Appendix K . Companies designated by the Chorus
Equity Association as number 2 attractions need pay only $30 weekly on the road; but no such compa
nies have gone out from New York, and only a few from Chicago.
7 Equity, November, 1924, p. 18.
8 It should be recorded that Messrs. Ziegfeld, Cort, and Hammerstein paid more than this average; but
these managers put out only a small part of the musical shows produced each year, no one of them, as a
rule, producing more than two or three in a season.
» The incident has been related in The Billboard (issues of Oct. 4,1924, to Nov. 1,1924), and is summa
rized in Equity, November, 1924, p. 15 et seq. The facts, briefly, are that Earl Carroll engaged 48 girls to
work in the chorus of his “ Vanities” at $12 weekly, $18 of a hypothetical $30 salary being retained each
week for alleged instruction received in a dancing class conducted by Mr. Carroll’s assistant stage man
ager. His claim was that these girls were “ extras.” (Extras are people who come on in mobs, with little
or no rehearsal, do not speak or sing, etc. Extras are not required to belong to either the Actors’ Equity
Association or the Chorus Equity Association.) The Chorus Equity council ruled, however, that they
were chorus members, and must join the Chorus Equity Association and receive the $30 minimum wage.
Mr. Carroll eventually capitulated, reducing the size of his chorus and complying with the ruling of the
Chorus Equity Association.

COLiLECTIVE BARGAINING BY ACTORS

occupation, of course, is seasonal. Forty weeks a year is a long sea
son for a chorus girl;10 for, since many chorus people play in two or
three different productions in the course of a season, 8 or 12 weeks
may be spent in free rehearsals, and in addition to this unpaid time
the summer months are frequently open.11
Actors appearing in musical productions may be rehearsed for five
weeks without compensation,12but the unpaid rehearsal period for
the chorus is four weeks. If further rehearsals are necessary the
chorus receives half salary during the fifth and sixth weeks and full
salary thereafter.13 The limited incomes of most chorus people gave
rise to this regulation as well as to two provisions which have to do
with transportation. The first of these is that the manager must pay
for sleeping-car accommodations for the chorus on all jumps made
before 5 o’clock in the morning,14and the second states that a mem
ber of the chorus shall pay only return fare to New York if he or
she cancels a contract while on tour.15 An actor under the same
circumstances would be required to pay also the transportation of
his successor to the point at which he joins the company.16
There is a run-of-the-play contract for the chorus, as for the actor,17
but Chorus Equity officials advise their members not to sign this
contract if the standard form, permitting cancellation of contract
upon two weeks’ notice, can be obtained. The reason is that run-ofthe-play contracts are offered only to the most attractive chorus mem
bers, who have practically no difficulty in securing positions at any
time during the theatrical season. This being the case, a chorus girl
gains no security of employment through signing a run-of-the-play
contract, and this contract requires her to go on tour with the pro
duction if the manager so desires. Whatever benefit there is in the
arrangement (as it applies to the chorus) accrues to the manager,
since it enables him to tie up his chorus for the road and thus to
present a New York cast intact. But most New York chorus girls,
for one reason or another refuse to go on tour. Some live with their
parents, who object to their touring; others are married and refuse
to leave their husbands; and still others decline to relinquish the
supplementary income that comes through posing for artists or
as models in the Fifth Avenue shops. Many instances of contract
jumping in the past have resulted from the use of this contract,
the chorus girls insisting that they thought they had signed the
usual contract with the two-weeks’ notice clause. Since the Chorus
Equity Association disciplines members for contract jumping, it now
issues a run-of-the-play contract which is not valid until it is stamped
“ Approved” by Chorus Equity officials, and this approval is not given
i®A season of 25 weeks is an excellent one for an actor, and well above the estimated average. Capable
chorus girls are seldom long out of work during the theatrical season, if they are content to work at the
minimum salary. The fact that a chorus member is one of a group enables her to fit into a production
more easily than the individualistic actor. The latter’s services are usually more valuable when he can
find a purchaser, but he often seeks in vain a market for his peculiar type of talent. Hence, the short
season noted above.
11 The figures herein quoted have been verified by the executive secretary of the Chorus Equity Asso
ciation, who is in a peculiarly advantageous position to know the conditions which exist in this branch
of the theatrical profession.
«Cf. Ch. II, p. 28.
wChorus Equity minimum contract, regulations, section A, Appendix J.
“ Idem, section L, Appendix J. The actor, on the other hand, pays this item himself.
i*Idem, section M, Appendix J.

CHORUS EQUITY ASSOCIATION

until the member signing the contract understands clearly the obli
gations which are being assumed.18 The association further requires,
whatever the form of contract used, that—
A list or lists of all members of the chorus of the play, stating the full names
and salaries of each member, shall be filed by the manager with the Chorus
Equity Association not later than the termination of the first week of perform
ance. If the manager prefers, triplicate copies of all chorus contracts may be so
filed instead.19

This rule enables the association to check up salaries and member
ship and thus to see thaf the minimun wage and Equity-shop pro
visions are being observed.20
Unlike the Actors’ Equity Association,21the Chorus Equity does
not guarantee the manager any payment of damages for losses sus
tained through breach of contract. The Chorus Equity explanation
is this: When a chorus is to be chosen, a general call goes out and a
hundred or more persons may respond to a call for a chorus of 20.
From this number the manager picks his chorus according to appear
ance and the ability shown in the 10-day probationary period.22
Usually he knows little, if anything, of their past history or business
integrity; and yet, since he engages them, they must be admitted
into membership of the Chorus Equity Association.23 The associ
ation officials state that they can not be responsible for the fulfillment
of agreements made by persons selected m this manner, especially
since many are girls whose first season it is, who may quit at any
moment and in this way breach a contract.24 They argue that “ if
the manager is to be free to take in any kind of girl he wants, know
ing that if she jumps her contract it will cost the Equity two weeks’
salary, he will exercise even less care than he now does. ” 25 However,
the Chorus Equity Association imposes a fine of two weeks’ salary
upon contract jumpers. The fine, if it can be collected, goes to the
manager. If the member refuses to pay she is suspended from the
association and can not play in a chorus until an adjustment has been
made. Until the fine is paid the manager receives no damages. Nine
members of the Chorus Equity Association were suspended in the
season 1923-24 for contract jumping.
The pre-Equity working conditions described in Chapters I and II
existed for actor and chorus alike, but they seriously affected the
chorus member especially because of the small salaries then paid to
this type of entertainer. Though the usual salary was $25 some
few chorus girls were able to exact a higher wage and others received
as little as $18 to $20 a week. They were none the less called upon
to rehearse without pay, often for 9 or 10 weeks and occasionally for
18The executive secretary of the Chorus Equity Association states that ordinarily only about 10 per
cent of the chorus read their contracts before signing them. In many cases contracts could not be enforced
legally because of the youth of the signers; but the Chorus Equity undertakes to enforce them so far as
this can be done by reprimanding, finding, or suspending the offenders. A suspended member can not
play in any chorus with Chorus Equity members.
» Chorus Equity minimum contract, rule 1, Appendix J.
2®Since the paragraph was written, the Chorus Equity Association has found it necessary to abolish the
ran-of-tne-play contract, because of the objections to its use, which have been noted above.
Cf. Ch. II, pp. 25, 26.
** Cf. Chorus Equity minimum contract, regulations, section C, Appendix J.
The Chorus Equity Association, like the Actors’ Equity Association, is open to any person who
secures an engagement with a manager.
2*Most members of the Actors’ Equity Association expect to be on the stage permanently, and in view
of this fact are much less likely than chorus members to break their contracts.
25Quoted from a written statement of the executive secretary of the Chorus Equity Association.

COLLECTIVE BARG AIDING BY ACTORS

a much longer period.26 Since contracts were seldom issued to chorus
girls, the chorus could be dismissed at any time without notice, and
though the better class of managers always brought their companies
home, yet in numerous instances choruses were stranded. The chorus
were required to play as many performances weekly as the manager
desired and received no salary for extra programs. Except in rare
instances they were compelled to pay for stage shoes, for stockings, and
(if they were used) for tights. The initial outlay for this equipment,
for an average musical comedy, is estimated variously at between $60
and $75, and in the course of a long season there were replenishment
costs, which were also borne by the chorus. Prior to 1919 the absence
of contracts for the chorus made it almost impossible to press a claim
against a manager; from 1919 to 1924 contracts were issued and
claims of chorus people were handled by the Chorus Equity Associa
tion; and the Chorus Equity minimum contract of 1924 provides for
the arbitration of disputes.27 The gains of the chorus through
changes wrought in the working conditions sketched in this para
graph parallel very closely the gains of the actors through the enforce
ment of the Equity minimum contract.28 Relatively, however, the
chorus member has experienced a greater advance than the actor,
so low was her estate at the time of the strike in 1919.
A glance at the organization and control of the Chorus Equity
Association reveals at once its close relationship to the Actors’ Equity
Association. The council of the Actors’ Equity Association is also the
council of the Chorus Equity. John Emerson is president of both
organizations, and Miss Ethel Barrymore, first vice president of the
Actors’ Equity, is assistant executive of the Chorus Equity. There
is an executive committee composed solely of chorus members, though
its chairman, elected by the Chorus Equity membership, is Paul
Dullzell, assistant executive secretary of the Actors’ Equity. This
committee passes upon minor matters; but the control of the associa
tion is in the hands of the council, and since the councils of the two
Equity Associations are identical, unity of action is assured. The
finances of the two groups are administered separately. The execu
tive secretary of the Chorus Equity is Mrs. Dorothy Bryant, who,
with the aid of four paid employees, transacts the business of the
association at the central office, 110 West Forty-seventh Street, New
York. The affairs of the Chorus Equity in Chicago, Kansas City,
Los Angeles, and San Francisco are handled by the representatives of
the Actors’ Equity Association. In most cases, also, the Actors’
Equity Association deputy acts for the Chorus Equity, though in a few
companies the chorus elects its own deputy. The financial o bligations
of membership are $5 initiation fee and dues of $12 a year payable
semiannually. On November 1,1925, the Chorus Equity Association
had 1,635 members in good standing.
Cf. Ch. II, p. 29. It should be noted that the rehearsals of musical plays were especially long drawn
out and that each long period of free rehearsals affected a considerable number of chorus people.
27Chorus Equity minimum contract, clause 6, Appendix J.
28Cf. Ch. II.

Chapter V.—EFFECT UPON THE THEATER OF TRADEUNIONISM AMONG ACTORS
By dint of hard work that long seemed futile, by thorough organ
ization and wise leadership, occasionally by means of persuasion,
but more often through a show or exercise of strength, the Actors’
Equity Association1 has established the right to bargain collectively
for its members; and through such bargaining it has been able to en
force its demands upon the managers. In so doing the association
has performed the function of a business union, which is to advance
the economic status of its members. But if a trade movement is to
have just appraisal it must be judged by its effect upon the industry
as a whole and not merely by benefits secured for a single group with
in the industry. In this connection two questions may well be raised:
Have the activities of the Actors’ Equity Association been helpful or
harmful to the theater as a business ? And, so far as this may be
determined, has the unionization of actors retarded the art of the
theater % The present chapter will be given to a consideration of
these questions.
Enough has already been been said2 to show that prior to the
strike of 1919 the contracts issued by many managers were clearly
inequitable.3 This condition arose in large part from the develop
ment of monoply control in the American theater, centering in tne
booking firm 01 Klaw & Erlanger.4 Only by sufferance of the The
atrical Syndicate and on terms which it dictated could productions
be presented in the first-class theaters of the United States and Can
ada. A well-known historian of the theater may here be quoted:5
It was an intolerable situation. The triumph of the syndicate meant the end
of honest competition, the degradation of the art of acting, the lowering of the
standard of the drama, the subjugation of the playwright and the actor to the
capricious whims and sordid necessities of a few men who set themselves up as
theatrical despots.

The trust’s control was eventually smashed by the Shuberts,4
with the result that a working agreement was reached and the field
was parceled out between these two booking concerns. But the lot
of the actor was not noticeably improved. He still bargained, as an
individual, with powerful interests which controlled his field of em
ployment either directly or indirectly. The conditions of employ
1 The subject matter of the present chapter relates to both the Actors’ Equity Association and the
Chorus Equity Association, unless otherwise noted.
2In Ohs. I and II.
8At a special meeting of the Actors* Equity Association, held Nov. 17,1918, a Shubert contract was
analyzed by George W. Wickersham, former Attorney General of the United States. Mr. Wiekersham
said in part: “ They call this a contract. It is an agreement whereby an actor secures something—thinks
he secures something. But if he looks closely he finds he has not secured anything at all.” (Equity,
November, 1918, p. 8; and current New York newspapers.)
4 Cf. Arthur Homblow: A History of the Theater in America, Vol. II, pp. 318, et seq., J. B. Lippincott Co.
Philadelphia, 1919. Mr. Hornblow has been editor of the Theater Magazine since 1900. See, also, Francis
Wilson's Life of Himself, Chs. IX and XIII, Houghton Mifflin Co., New York, 1924.
6Arthur Hornblow: A History of the Theater in America, Vol. II, p. 320.

COLLECTIVE BARGAINING BY ACTORS

ment established by the large producers became the conditions of
the trade. Lack of respect for these conditions, even when written
into contracts, was fairly general. Though there were honorable
exceptions, yet it is true that, in the main, contractual obligations
were neither expected nor permitted to interfere with self-interest.6
A lone actor could not easily enforce fulfillment of agreements by a
powerful producer, nor could damages be collected from a penniless
player who had breached his contract. Nothing is to be gained by
dwelling upon these dark years of theatrical history. Without the
slightest doubt, business relations of the theater were in a critical
state during the first two decades of the twentieth century. Mana
gers, actors, and informed laymen are virtually unanimous on this
point. It was to this unhappy period that one manager referred
when he said: “ If Equity were wiped out, we’d revert to barba
rism.’77
When the Actors’ Equity Association was organized, in 1913, it
directed its attention at once to the task which seemed most urgent—
that of securing the adoption throughout the theatrical world of
a standard minimum contract which should be fair and equitable to
manager and actor alike and which, moreover, should be strictly en
forced. How that contract came to pass is related in Chapter I; and
in Chapter II is an analysis of the gains represented by the first
standard contract, which was won in 1919, and by that, which dis
placed it five years later. It will be useful to recount the benefits
enjoyed by the actor after a struggle of 12 years: He is guaranteed
a season of at least two weeks or salary therefor. He is assured that
his work will be continuous from opening to close of the season, how
ever short the season may be, except for possible lay offs during Holy
Week and the week before Christmas. He is protected against sud
den loss of employment, by one week’s notice if the play is to close
and by two weeks if he individually is to be dismissed. He has
witnessed the obsequies of the “ satisfaction” or “ joker” clause,
which permitted summary dismissal at the will of the manager. He
is required to give only four weeks of unpaid rehearsals if engaged
for a dramatic production or five weeks if the play is musical comedy
or revue.8 He is paid full salary for all time played. He receives a
stated salary for a standard week of eight performances and is paid
extra, on a pro rata basis, for extra performances. He is guaranteed
full transportation back to the starting point if the production goes
on tour. He is required to supply in the way of costume only con
ventional clothes of modern style, and if the actor be a woman all
stage clothes are paid for by the manager. He is permitted to call
for arbitration of any disputed point of contract or of any claim
which he may have against a manager.
The present conditions of employment are here set forth in brief
compass9 in the belief that their inherent fairness will be apparent.
Yet a few words of comment may not be amiss. Two of the provi
sions relate to salary, and these may be compared with industrial
practice. Full pay for all time worked and additional pay for extra
• Cf. Ch. I, p. 2.
7 The manager is Mr. Brock Pemberton, who has produced “ Six Characters in Search of an Author,”
“ The Love Habit,” “ Mister Pitt,” and other plays.
8Unpaid rehearsals for members of the chorus are limited to four weeks.
8They are examined in detail in Ch. II.

EFFECT UPON THE THEATER OF TRADE-UNIONISM

time has long been a rule in the industrial world, but it should be
noted that instead of the customary “ time and a half for overtime”
the actors ask only pro rata remuneration. The demand that the
manager provide stage costumes and pay all transportation is made
on the ground that these items are expenses of production and the
actor can not rightly be asked to invest capital in an enterprise
which yields him no dividends or profits. The attempt to settle in
dustrial differences without actual warefare (for example, by arbi
tration) is plainly in line with enlightened business practice.10 The
remaining conditions of employment may be grouped together as
having for their purpose the assurance of two weeks or less of warning
before employment ceases. And since the actor invests in the pro
duction either four or five weeks of unpaid service in the form of free
rehearsals, this demand can scarcely be attacked as unreasonable.
The remarkable fact is that even among the former enemies of Equity
there can be found no genuine opposition to the working conditions
summarized above. There is criticism of the methods by which
these conditions were achieved and especially of affiliation with the
American Federation of Labor and the introduction of the Equityshop policy. But the fairness of the personal working relations which
Equity has set up is attested by the managers themselves, upon
whom if upon any one these conditions would work a hardship. Of
the managers who were willing to discuss the unionization of actors,
none ventured to assert as unjust any provision of the present contract,
excepting the Equity-shop clause;11and one, a manager prominent in
the affairs of both the Producing Managers’ Association and the
Managers’ Protective Association, went so far as to say: “ The actor
has won nothing that he does not deserve and the manager has lost
nothing that he should have retained.” 12
But why, it will be asked, do the managers to-day approve condi
tions which they fought only a few years ago ? The explanation seems
to be that their fight was in reality directed not against the aims of the
Actors’ Equity Association but against its method—that is, collective
bargaining backed by a strong organization. For although they had
repeatedly rejected petitions for certain concessions, yet as early
as 1917 they permitted these provisions to be written into the
U. M. P. A.-A. E. A. standard contract,13 which would indicate
that they either considered the provisions essentially fair or thought
them a price well worth paying to remove the threat of Equity affili
ation with the American Federation of Labor. The repudiation of
this contract in 1919 is explicable only as a move to destroy the
Actors’ Equity Association before it should develop greater strength,
for if the fairness of the contract had been the point in dispute the
differences might readily have been adjusted by arbitration, as was
suggested by the actors.14 Furthermore, if the provisions of this
contract had been deemed burdensome the managers would scarcely
have offered a “ contract far more favorable” 15to members of the
w Cf. F. W. Taussig: Principles of Economics, 3rd edition, vol. II, p. 344. The Macmillan Co., 1922
Also, as to the growing use of arbitration in industrial disputes, George M. Janes: The Control of Strikes
in American Trade-Unions, pp. 35-37. Johns Hopkins Press, Baltimore, 1916.
11 The Equity-shop policy is discussed in Ch. I, pp. 15 to 17.
12 The statement was made by Arthur Hamznerstein. Mr. Hammerstein is the son of Oscar Hammer*
stein, of grand opera fame, and is the producer of the musical comedy success, “ Rose Marie.1*
wCf. Ch. I, p. 6.
HCf. Ch. I, pp. 8 to 10.
»Cf,Cfc.I,p. 12.

COLLECTIVE BARGAINING BY ACTORS

Actors’ Fidelity League, an organization “ quite similar to the ordi
nary form of company union.” 16 Finally, the dispute of 1924
centered about the Equity-shop principle, which aimed solely at
strengthening Equity’s position for future collective bargaining. The
fear of unjust demands in the future, if Equity should become well
established, was doubtless in the minds of the managers all the while.
But thus far at least the dreaded abuse of power has not developed;
indeed, the manager as well as the actor has profited by certain
changes instituted by Equity.
The benefits that have come to the manager through Equity
activities may be dealt with briefly at this point. It is claimed first
of all that the present contract wipes out an advantage once held
by the unprincipled manager who lightened his expenses of produc
tion by passing them on in part to members of his cast. Since the
rovisions secured by Equity bear directly upon production costs or
usiness risks, their observance throughout the trade places the
)roducers on a more nearly equal footing and relieves the scrupuous manager of an undeserved handicap. A second advantage,
according to Equity, comes through the disciplinary power of the
association. The Actors’ Equity Association stands for inviola
bility of contract and enforces what it calls “ two-edged equity,” 17
that is, the fulfillment of contract conditions by manager and actor
alike. The penalties for contract breaking are these: The offending
manager is denied the use of Equity casts, and the unruly actor is
censured, suspended, or expelled, at the discretion of the Equity
council.18 Breach of contract by actors is confined almost entirely
to contract jumping.19 This practice is not nearly so common as it
was in pre-Equity days, for it now involves the forfeiture of two
weeks’ salary to the aggrieved manager. Equity goes a step further
and guarantees the payment of this penalty;20 if the actor can not
be induced to pay, the claim is met by the Actors’ Equity Associa
tion and the recalcitrant player is expelled from his union.21 But
the disciplinary power of Equity is not limited to violations of
contract. “ If an actor’s conduct is judged b y the council of the
A. E. A. to be unethical, he may be summarily suspended.” 22 A
recent instance of unethical conduct, cited by a manager, may be
given: The manager had in one company an actor, a very fine
comedian, who was given to strong drink. Now, intoxication in the
theater is a serious offense and is punishable by instant dismis
sal. But the manager wished not to discharge the performer but
only to keep him sober. He laid the matter before the Equity

E
{

i®The description is that of the Hon. Julian W. Mack, Justice of the United States District Court for
the Southern District of New York, in his decision as arbiter in the Equity-shop dispute of 1921.
(Cf. Ch. I, p. 17.) A 16-page summary of the case was published by the Actors’ Equity Association
shortly after the decision was rendered.
*7An examination of the complete files of.the Equity Magazine shows that great emphasis has been
placed upon “ equity ” for both manager and actor. A short extract from an editorial of September, 1923,
will illustrate:
“ It is impossible to demand fair treatment from managers without according it to them. This has
been the basic principle of this association since its inception. It is a policy which has made Equity
great and powerful, which has won us and is even now winning us new friends among the managers.”
is The present lists of such offenders, posted in the Equity headquarters, include 22 managers and
24 actors.
»Cf. Ch. II, p. 25.
2®The statement applies only to the Actors’ Equity Association; the Chorus Equity Association
makes no such guaranty. Only five cases of contract-jumping were reported to the Actors’ Equity.
Association for the fiscal year ending Apr. 30,1925. Cf. Equity, June, 1925, p. 9.
nAn instance is cited in Ch. II, p. 25.
» Quoted from p. 15 of a small handbook issued in 1923 by the Actors’ Equity Association.

EFFECT UPON THE THEATER OF TRADE-UNIONISM

officials and an Equity committee waited upon the actor and explained
that he must give up drinking or quit the stage.23 He chose the stage
and two months later when the incident was related he was still strictly
sober. Finally, the use of arbitration in the settlement of individual
claims is said to represent a gain for the manager. The contract pro
vides for the arbitration of any dispute “ as to any matter or thing
covered by this agreement” 24 and oinds both parties to accept the
decision of the arbiters as final. Many claims of actors which
formerly would have reached the courts are now dropped as worth
less after being discussed with Equity officials. There can be little
doubt that in this way managers are saved considerable annoyance
and a certain amount of expense. Moreover, the manager may
now press claims against players without resorting to court proce
dure, since the contract has set up an agency for the equitable
adjustment of differences. Even more important, perhaps, is the
fact that he now deals with a responsible organization, members of
which are pledged to abide by its decisions. And in no matter has
Equity been more strict than in its insistence upon the prompt
payment of arbiters’ awards.
The effect of unionization upon the volume of theatrical transac
tions is largely a matter of speculation, due, in the first place, to the
lack of reliable statistics and, further, to the difficulty of deducing
true causal relations from an examination of gains and losses. The
theaters in New York City have been doing well, as is indicated by
the addition of new playhouses each year to the already long list of
legitimate theaters.25 “ Road business,” on the other hand, has
declined during the past half decade. Managers say that fewer pro
ductions are sent on tour now than five years ago and that these are
less well patronized. Whether this lessened demand for legitimate
plays is due to the growing popularity of motion pictures and the
radio26 or to the higher prices’ of theater tickets, or to both, can not
be determined with certainty. Even were it proved that higher
admission charges are to blame, it would be hazardous to say whether
the higher charges have resulted from increased transportation costs,
or greater outlays for scenery and properties, or inflated salaries of
employees. Each of these may have had a part in the rise of pro
duction costs and the consequent rise in admission prices. Certainly
the wages of stage employees and musicians have increased appreci
ably in the past few years. This is doubtless a partial explanation of
the high costs of production. It is charged by some managers that
Equity is indirectly responsible for the latest salary increases of the
stage hands and musicians,27 the theory being that the demands
would not have been made had not the unions felt that Equity would
support them in case of strike. This, of course, is a charge that can
M“ The fear of exclusion from employment is considered the *best possible means ’ of holding members
* to fidelity to the union. * There is no penalty which a workman fears so much as that of being deprived
of his employment and possibly of his livelihood.” (Frank T. Stockton, The Closed Shop in American
Trade-Unions, p. 154, Johns Hopkins Press, Baltimore, 1911.)
84Equity minimum contract, clause 6, Appendix E.
85Legitimate presentations were made in 68 New York theaters in the 1923-24 season (The Billboard,
Aug. 16, 1924, p. 107). In 1920-21 there were 157 plays produced in New York; in 1923-24 the number
was 196. (Cf. Burns Mantle, The Best Plays of 1920-21, pp. 351-354, published in 1921; and The Best
Plays of 1923-24, pp. 444-447, published in 1924, Small, Maynard & Co., Boston.)
26 It is held by some that radio has not harmed the theater, but has on the contrary aroused a new inter
est in stage performances. For an expression of this view, see an article entitled “ Is radio an enemy of
the theater ? ” , Theater Magazine, January, 1923, p. 15, et seq.
27 During the summer of 1924 the musicians secured an advance of approximately 10 per cent and the
stage employees (“ extras ” who make up 80 per cent of the total) about 18 per cent.

COLLECTIVE BARGAINING BY ACTORS

be neither proved nor disproved. In this matter of wages, which
make up the largest single item of production costs, Equity itself has
never bargained collectively. Salaries are now, as always, the sub
ject of individual bargaining between manager and actor.28 And so,
m one respect only has the Actors’ Equity Association directlyincreased the cost of theatrical ventures—it nas enforced the princi
ple that capital outlay and business risk are properly the concern of
the enterpriser and not of labor.29 If a manager’s costs are increased
through meeting expenses that are rightly his, the conscience of
Equity will yet rest easy, for the amount of the increase is but the
measure of his former shortcoming. And if the working out of this
principle should keep an occasional production from the field it is the
contention of the Actors’ Equity Association that the business of the
theater is all the sounder for the suppression of productions which
can be floated only by imposing an unjustifiable burden of costum
ing, transportation, and so forth, upon the actor.29
The question to be raised in the present paragraph, like that just
discussed, can be answered only to a limited extent, since it has ele
ments which are so highly conjectural that they can not be dealt
with here. How, it may be asked, has the art of the theater been
affected by the unionization of actors? Has it deteriorated by rea
son of contact with “ labor,” or has it come through the adventure
unscathed? Before an answer is attempted two notes of explanation
must be given: The first is that the term “ art” will here be used in
a special sense, as pertaining to the quality or caliber of a theatri
cal presentation; and the second, that no pretense will be made of
measuring the influence of trade-unionism in this regard, nor, indeed,
of professing that it has effected any change whatsoever. The most
that can be done is to examine the factors which might reasonably
be expected to affect the quality of the performances and then to
ask wnether, by chance or intent, thesB factors have been called into
play by trade-unionism. If, for example, the Actors’ Equity Associ
ation attempted to interfere with the text, casting, or direction of a
play, it is entirely probable that the quality of the presentation would
be affected. If the association maintained a closed union, and thus
prevented the recruiting of new players, there would again be conse
quences, good or bad. And if rehearsals were so limited as to be inad
equate for the proper shaping of a production, this clearly would
be a case of interference with the art of the theater; but in none of
these respects has there been any complaint by managers,30 though
they were urged to set forth the harmful effects of unionism among
actors. The facts are that Equity has never shown interest in “ the
character of performances and productions, material in or the method
of presentation of any play by any producer” ; 31 it has always main
tained a union open to all who could secure engagements with pro
ducers; and it has provided a period of free rehearsals which by testi
mony of managers,32 is ample for whipping into shape any produc
28 But the Chorus Equity Association enforces a minimum wage. Cf. Ch. IV, p. 51.
» Cf. Ch. V, p. 57.
» It is a curious fact that, though the writer has heard numerous protests against the wedding of “ art”
with “ labor” he has yet to learn of any actor whose union membership is charged with responsibility for
a decline in artistic ability.
m Managers' Protective Association-Actors’ Equity Association basic agreement, clause 19, Appendix D.
” Several managers insist that 4 weeks of rehearsals are far better than 8 or 10; that the players4*grow
stale ” in their parts if the rehearsal period is allowed to drag out.

EFFECT UPON THE THEATER OF TRADE-UNIONISM

tion which has been properly planned.33 These facts would seem to
show that the Actors’ Equity Association has not, in all probabil
ity, affected adversely the quality of theatrical productions and it
has never claimed to have contributed, as an organization, to the art
of the theater.
It is beyond the scope of the present study to attempt to forecast
the future influence of trade-unionism upon the business and art of the
theater. But there is some contention that the Actors’ Equity Assocation, though thus far moderate in its claims, may be expected with
each new gain in power to ask more and more of the managers. In
view of this fear, which is occasionally expressed, it is but fair to state
the Equity arguments against the probability that the association will
make extortionate demands in the future. The first of these is Equi
ty’s behavior in the past. It is good union policy, no doubt, to prac
tice moderation while a strong union is being established, in the hope
that present self-denial will have its reward when conditions are ripe
for action. But there is reason to believe that Equity was sufficiently
strong in 1924 to have secured far greater concessions than were asked.
The published statement of a manager34 is to the point:
And now with the stage hands’ and musicans’ unions allied with them, it would
have been so easy a matter for the Equity to have all but ruined every manager
who had more at stake then excited speeches and hot-air principles. It is to their
credit that they were willing to effect a settlement that is as protective to the
managers as it is to them.

This failure of Equity to make full use of its power may be an
arnest for the future, but it can not be construed as a definite guar
anty. More positive indications of future moderation are to be
found in the four clauses of the 1924 basic agreement, through which
Equity voluntarily bound itself in these respects: The association
agreed, for a period of 25 years, (1) not to refuse membership to any
erson of good character and of sufficient age to be allowed legally to
e an actor;35 (2) not to raise the initiation fee except by consent of
the Managers’ Protective Association;36 (3) not to interfere with the
text, casting, or directing of any play;37 and (4) not to compel or
suggest “ the salary or pay which any actor may request or demand of
any producer.” 38 There remain, of course, several ways in which the
union might seek further advantages. It might, for example, demand
an assured season of greater length than the two weeks now guaran
teed,39 or it might attempt to shorten or eliminate entirely the period
of free rehearsals.40 But, however, few managers appear to believe
that such extreme demands will be made. They state in this con
nection that the average actor knows a good deal about the difficul
ties that confront the producer, that he desires a wide market for his

33 But frequently in the days of unlimited rehearsals but little planning was done before the beginning
of rehearsals. Cf. Ch. II, p. 29.
34 Mr. A. H. Woods, who in the season of 3923-24 produced six plays independently and three in con
junction with other managers. His statement is quoted in Equity, July, 3924, p. 23.
35Managers’ Protective Association-Actors’ Equity Association basic agreement, clause 15, Appendix D.
36Ibid., clause 17.
37Ibid., clause 19.
38Ibid., clause 18. This clause does not apply to the Chorus Equity minimum wage.
»Cf. Ch.II, pp. 23 to 26.
40Cf. on this point Ch. II, p. 30.

69702°—26f----- 5

COLLECTIVE BARGAINING BY ACTORS

talent, and that he is therefore unlikely to make conditions so bur
densome as to exclude from the field producers with small capital.41
Nothing can be said with definite assurance, of course, of the
future developments of Equity policy. Trade-union attitudes are
so much a matter of leadership42 that changes in the personnel of
the officers or council might have results which would affect the
theater powerfully for good or for evil. But Equity policy thus far,
it seems safe to say, has been in fairly close conformity with the
admonition of Marcus Aurelius quoted in the Equity Handbook:
Love the art, poor as it may be,
Which thou hast learned,
And be content with it,
Making thyself neither the tyrant
Nor the slave of any man.
41 It is no secret that the Frohmans, the Shuberts, David Belasco, and other prominent managers entered
the producing fidd with limited capital. The Shuberts are now, by all odds, the largest producers in the
legitimate theater.
« Cf. Hoxie, Trade-Unionism in the United States, Ch. 7.

BIBLIOGRAPHY1
PERIODICALS
Billboard, weekly issues, 1912-1924, New York.3
Equity, official organ of the Actors’ Equity Association, monthly issues, Decem
ber, 1915, to November, 1925, New York.2
Literary Digest, September 13,1919, New York.
New Republic, April 22, 1916, New York.
New York daily newspapers, 1912-1924.2 (Special issues only were consulted.)
New York Dramatic Mirror, weekly issues, 1912-1922. (Discontinued in April,
1922.)2
Outlook, January 3,1914, New York.
Theater Magazine, monthly issues, 1912-1925, New York.*
GENERAL REFERENCES
Actors’ Equity Association, Handbook, New York, 1916,1923.
American Federation of Labor, Report of Proceedings of Twenty-seventh An
nual Convention, president’s report, Washington, 1907.
Browne, Waldo R., What’s What in the Labor Movement, B. W. Huebsch, New
York, 1921.
Hornblow, Arthur, A History of the Theater in America, Vol. II, J. B. Lippincott
Co., Philadelphia, 1919.
Hoxie, R. F., Trade-Unionism in the United States, D. Appleton & Co., New York,
1916.
Janes, George Milton, The Control of Strikes in American Trade-Unions, Johns
Hopkins Press, Baltimore, 1916.
Mantle, Burns, The Best Plays of 1920-21, Small, Maynard & Co., Boston, 1921.
Mantle, Burns, The Best Plays of 1923-24, Small, Maynard & Co., Boston, 1924.
Stockton, Frank T., The Closed Shop in American Trade-Unions, Johns Hopkins
Press, Baltimore, 1911.
Taussig, F. W., Principles of Economics, 3d edition, Vol. II, The Macmillan Co.,
New York, 1922.
Wilson, Francis, Francis Wilson’s Life of Himself, Houghton Mifflin Co., New
York, 1924.
* The items here listed are those to which direct reference is made in the text. A careful study of the
standard works on trade-unionism provided the background without which the present investigation
could not have been undertaken.
2 Most of the printed articles touching upon unionism among actors are to be found in these periodi
cals. Certain issues may be noted as especially important in relation to particular periods in the develop
ment of the Actors’ Equity Association.
(a) Early history, issues from December, 1912, to January, 1914.
•(b) Proposed affiliation with the American Federation of Labor, issues from January, 1916, to August,
1919.
(c) The strike of 1919 and its results, issues from May, 1919, to September, 1919.
(d) Equity Shop, issues from January, 1921, to November, 1924.
(e) The Managers* Protective Association-Actors* Equity Association agreement of 1924, issues from
September, 1923, to November, 1924.

Appendix A.—AGREEMENT AND PLEDGE OF ACTORS’ EQUITY
ASSOCIATION
This agreement is made by each signer hereto with each other signer hereto
and with the Actors’ Equity Association, and by said association with each signer
hereto.
Each individual signer hereto agrees that he will not sign, make, or enter into,
with any person, firm, or corporation by whom he is employed as an actor, any
agreement except on the form attached hereto, known as the U. M. P. A.-A. E. A.
standard contract, and unless his said agreement embodies, in writing, each and
every clause of the aforementioned standard contract, and further agrees that
any such agreement made by him with any employer shall contain in full, in
writing, every provision of said form.
This agreement shall not prevent the signer from making a written employment
contract containing additional provisions, provided these do not limit, abridge,
nullify or destroy any provision in the above-recited form, nor shall it prevent
him from making or signing a “ run of the play” or “ contract for the season”
agreement, upon printed forms attached, as the same now are or as they may
hereafter be amended by action of the council of the Actors’ Equity Association.
The above agreement shall not apply to moving-picture, stock, or try-out
contracts or contracts made with managers for what are commonly known as
popular-priced attractions.
Each individual signer hereto agrees that he will not perform or render services
for any person, firm, or corporation, as an actor, under or by virtue of any form
of agreement which, as above, he has agreed to refrain from signing or making;
and that he will only perform services as an actor under a form of agreement
such as he, as aforesaid, has agreed to sign.
If the council of the Actors’ Equity Association shall determine that there is
reasonable ground to believe that any signer hereto has made, or is working
under a contract prohibited by this agreement, then the Actors’ Equity Associ
ation is hereby given the right, through its duly authorized attorney or represent
ative, to demand of the signer, so believed to have acted in violation of this
agreement, an inspection of his contract; and said signer agrees to permit such
inspection; and if, upon such demand, said signer shall refuse to allow said
representative or attorney to inspect his said contract, he, by said refusal, agrees
that he admits that he has signed a prohibited contract and is working under a
prohibited contract, and that he refuses inspection because of such fact; and he
further agrees with each party hereto that he will not work or continue to
work under any such contract, of which he refuses to allow inspection as afore
said, and in case he does so a right of action for damages and for an injunction
as hereinafter specified shall arise.
The Actors’ Equity Association agrees that it will not agree with the United
Managers’ Protective Association, or approve as to any individual manager, of
forms of agreement, which shall contain clauses less advantageous to the actor
than those now set forth in each of the several contracts hereinbefore recited;
and that it will not state or indorse any policy for its members which recognizes
as fair and equitable any form of contract which gives the actors lesser rights
than those contained in said several contracts; and that it will recommend to its
members, in making agreements with managers, that the hereinbefore mentioned
form, called “ U. M. P. A.-A. E. A. standard contracts,” shall be their minimum
demand.
Should, however, the Actors’ Equity Association approve of a standard form
of minimum contract (in lieu of the U. M. P. A.-A. E. A. standard contract), con
taining provisions more advantageous to the actor than said U. M. P. A.-A. E. A.
standard contract, then, upon notice in writing mailed to the individual signer
at the address attached hereto or at the address given by him to the Actors’
Equity Association, said approved form shall be substituted for and stand in lieu
of the form mentioned in the second clause of this contract.
Inasmuch as substantially the whole value of this agreement is dependent upon
the parties severally fulfilling the obligations hereof, and there is 110 means pos
sible of determining or adjusting the amount of damage wrhich will be sustained
by the party or parties not in default, in case of a breach by an individual signer,

APPENDIX A

it is further agreed that if any individual signer hereto shall breach any covenant
contained in this contract, the Actors' Equity Association shall have and recover
as against the party in default the sum of $1,000 as liquidated damages, and in
addition each and every party hereto not in default shall severally have the fur
ther right to apply to any court of competent jurisdiction for an injunction
restraining the party in default from a continuance of such default and from
working under a prohibited form of contract or a contract of which inspection
is refused, and upon any such application the said party in default covenants
that the damages hereinbefore specified do not and can not afford any adequate
remedy and that the party not in default has no adequate remedy at law. Each
individual signer shall in case of default by the Actors’ Equity Association, have
in addition to all other remedies a right to injunction against it.
The consideration of this agreement is the sum of $1 paid by each party hereto
to the other, the receipt whereof is hereby acknowledged by each signer hereto,
and the mutual promises herein contained made by each party hereto to the
other, and other good and valuable considerations, the receipt whereof is hereby
acknowledged.
This agreement shall continue in full force until the 31st day of December, 1920.
It is agreed that all copies hereof shall constitute one agreement and that the
signers of each copy delivered to the Actors7 Equity Association shall all be
parties to the one agreement as herein set forth and as set forth in each other
copy, and that each said copy shall be considered and be deemed to be a part of
one original made and mutually delivered by each signer hereto to each other
party.
The aforegoing agreement and pledge arises out of, and is based upon, the fol
lowing statement of facts, which statement each party hereto agrees is true and
accurate:
For many years last past the form and substance of contracts offered by a
large proportion of the producing managers and demanded by them of the actor
were and have been so grossly inequitable and unjust that to remedy conditions
the Actors’ Equity Association, a voluntary association, was organized, and it has
for its general purpose to advance, promote, foster, and benefit the profession of
acting and the condition of persons engaged therein, and to protect and secure
the rights of actors. The individual signers hereto are actors and members of
the dramatic profession and members of the Actors’ Equity Association.
On or about the 2d day of October, 1917, after negotiations, an equitable stand
ard form of minimum contract was agreed upon between the Actors’ Equity
Association and the United Managers’ Protective Association, said latter body
representing a large proportion of the producing managers. That said form is
above referred to as “ U. M. P. A.-A. E. A. standard contract.”
The basis of negotiation between the Actors’ Equity Association and the United
Managers’ Protective Association was that all actors employed by the members
of said latter association would be tendered a form of contract at least as advanta
geous to the actor as the said form so agreed upon, and that all members of the
Actors’ Equity Association would use such form or others not less advantageous
to the actor; and
It now appears that various producing managers are not offering to actors
employed or to be employed by them such form of contract; and
As all of the parties hereto recognize that it is for the best interest of each that
no party herein enter into any contract with a manager less advantageous to the
actor than the minimum standard form herein referred to, and as this is the policy
of the Actors’ Equity Association, it is now considered for the best interest of all
that a written agreement be entered into having for its purpose the carrying of
said policy into effect.
And in making this agreement each signer recognizes that the value of the pledge
hereby given is dependent upon united action and upon each party hereto making
full performance, and, therefore that it is necessary, for mutual protection, that
the right to equitable relief and of legally compelling performance in case of
default be granted and agreed upon.
Witness the signatures of the respective parties.
A c t o r s ’ E q u it y A s s o c ia t io n ,

Name:

Address:

Appendix B.—AGREEMENT BETWEEN PRODUCING MANAGERS’
ASSOCIATION AND ACTORS’ EQUITY ASSOCIATION, 1919
Agreement made September 6, 1919, between Producing Managers’ Associa
tion, an incorporated association existing under the laws of the State of New
York (hereinafter termed the “ Producers' Association” ), by and on behalf of
itself and all its present and future individual members and producing corpora
tions, copartnerships, associations, individuals, and concerns of whatever charac
ter which said individual members or any of them control, manage, or direct,
parties of the first part (hereinafter termed the “ producers ” ), and Actors' Equity
Association, an unincorporated association existing under the laws of the State of
New York (hereinafter termed the “ Equity Association” ), by and on behalf of
itself and all its present and future individual members (hereinafter collectively
termed the “ Equity ” ).
Whereas differences have arisen between the producers and the Equity, which
the parties hereto desire and have the authority hereby to adjust;
Now, therefore, this agreement witnesseth:
In consideration of $1, lawful money of the United States of America, paid by
each of the parties to each of the others, receipt whereof is hereby acknowledged,
and the mutual promises herein contained the parties hereto agree:
1. The producers and the Equity, except as otherwise herein provided, hereby
release all claims of every kind and nature against any and all persons, firms,
copartnerships, associations, and corporations arising from the recent strike; will
cause to be delivered due individual releases of any and all said claims, and agree
that all pending litigations growing out of said strike shall be discontinued with
out costs to any party thereto.
2. All future contracts between any producer and Equity member shall contain
as a minimum at least the provisions in the standard form hereto annexed (here
inafter termed the “ standard” ), marked “ A ” and by this reference made a part
hereof. Such contracts shall always include the arbitration clause as set out in
the standard.
3. All Equity members shall return to work and be reinstated under the con
tracts which they respectively held at the time they respectively ceased to rehearse
or to perform during the recent strike, except as follows:
а. All Equity members holding contracts on the standard form recently issued
by the Producers' Association shall receive in place thereof the standard U. M.
P. A.-A. E. A. form in use August 7, 1919.
б. Equity members who can not be replaced on account of abandonment of
plays or productions have no claims upon the producer with whom they have
contracts except for unpaid services actually heretofore rendered.
Where the places of Equity members have been filled, the producer has the right
to secure them engagements elsewhere on equally favorable terms, and will try so
to do. Failing, after due effort, to secure within 30 days after the date hereof
such engagement for any such member, the producer has the right to cancel the
contract with such member by a present cash payment of an amount mutually
agreed. If such agreement is not reached and payment made within 35 days
after the date hereof, then the amount of such payment shall be determined by
arbitration in accordance with the provisions of this agreement. Notice of the
abandonment of any play shall be given by the producer to the Equity Associa
tion within seven days from the date hereof.
In case of plays or productions in rehearsal at the time of the strike, rehear
sals held prior to that time shall not count in figuring the number of weeks of
rehearsal of the play or production,

APPENDIX B

4. All Equity members shall receive full pay for all services rendered up to
the time of their respective cessation from work during the recent strike, but no
pay for the interval between such cessation and when they resume work.
5. Neither the Equity Association nor any member thereof will refuse to per
form services for any producer because of the presence in the cast or production
of a person or persons not a member or members of the Equity Association or of
the Chorus Association or of a person or persons, a member or members of any
other association, organization, or organizations.
6. The Equity Association will not force or coerce directly or indirectly, or
attempt to force or coerce directly or indirectly, any person or persons not a
member or members of such association to become a member or members thereof,
and will order its members or any particular member under penalty of discipline
not to force or to coerce directly or indirectly, or to attempt to force or to coerce
directly or indirectly, any such person or persons to become such member or
members.
7. Neither the producers nor any producer will force or coerce directly or
indirectly, or attempt to force or to coerce directly or indirectly, any person to
resign from or sever in any manner or to any degree his connection with the
Equity Association, or not to join the Equity Association or to join or become
connected in any manner or to any degree with any other organization, or to re
frain from resigning or severing his connection with any other organization, and
the Produced Association will enforce the provisions of this clause by appro
priate disciplinary measures.
8. Immediately upon the execution of these presents, the stage hands and the
musicians shall return to work in the same places they had when they ceased
work, with the wages provided by the agreements or understandings between
their respective organizations and the producers, and shall receive full pay for all
services rendered up to the time of their respective cessation from work during
the recent strike, but no pay for the interval between such cessation and when
they resume work.
9. No member of the International Alliance of Theatrical Stage Employees
and Moving Picture Machine Operaters (hereinafter termed “ Stage Employees
International ” ) nor any member of the American Federation of Musicians (herein
after termed the “ Musicians’ Federation” ) shall refuse to perform services for
any producer because of the presence in any cast or production of a theatrical
performer or performers not a member or members of the Equity Association or
because of the presence of a theatrical performer or performers, a member or
members of any other organization or association.
10. Neither the Producers’ Association nor a producer shall compel, coerce, or
persuade, or attempt to compel, to coerce, or to persuade any Equity member
to pay any consideration for his employment to any employment agency or other
medium through which he is or may be employed.
11. The Equity Association will not compel, coerce, or persuade any Equity
member to obtain or to seek employment through its agency.
12. Neither the Producers’ Association nor any producer shall blacklist or other
wise willfully discriminate against any person or persons by reason of his or their
membership in the Equity Association, or for his or their connection with the
recent strike, and no Equity member shall refuse to work for any producer or
producers by reason of his or their connection with the recent strike.
13. In case a controversy or dispute shall arise between the Producers’ Associa
tion and the Equity Association or any of their respective members regarding the
meaning, interpretation, or enforcement of this contract or any part thereof, or
with reference to the rights of any party or member thereof hereunder, then and
in that event any party to such controversy or dispute may notify the other there
to in writing that he wishes such controversy or dispute settled by arbitration,
and in such notice shall specify the controversy or dispute and the name of his
arbitrator, who shall be a member of his association. Within five days after
written notice has been sent to the party to the controversy to whom such notice
is addressed, said party shall, in writing, name his arbitrator, who shall be a mem
ber of his association, and give written notice thereof to the claimant. Said
arbitrators shall decide such controversy or dispute and a copy thereof sent to
the Producers’ Association and the Equity Association and to the parties to said

COLLECTIVE BARGAINING BY ACTORS

controversy or dispute within 10 days from the date of the appointment of the
second arbitrator. The concurrence of both arbitrators shall be necessary to
a decision, and if made within said 10 days shall be binding and conclusive on
all parties to said controversy.
If the arbitrators shall fail to decide said controversy or dispute within 10 days,
then such controversy or dispute shall within 5 days thereafter be submitted
for determination to the following-named umpires:

Each of said umpires shall serve in turn as cases arise, and should any umpire
die, refuse to act, or be incapacitated, the next umpire in the order named shall
serve in his stead. The award of the two arbitrators or of the said umpire shall be
necessary to a decision, and such decision if made shall be binding and conclu
sive on all parties to said controversy or dispute.
The decision of the umpire shall be made and reduced to writing, and a copy
thereof sent to the Producers' Association and the Equity Association and to the
parties to said controversy or dispute, and the whole dispute shall be decided
within 15 days of the selection of the umpire as herein specified to decide said
controversy or dispute. The parties to said arbitration shall have 15 days after
said copy of said decision or award has been sent, as aforesaid, within which
to comply with said award.
The arbitrators and the umpire, respectively, shall have full power to deter
mine the manner in which they will hear the parties, the mode of procedure, and
the character, nature, and extent of the evidence to be considered. Should the
umpire selected fail to make an award within the time herein specified a further
arbitration, after similar notice and as above provided, shall be had by the umpire
next in order named under the same terms and conditions as to time, and other
wise as above provided.
All notices in this paragraph (13) shall be given by registered mail to the ad
dressee’s last known business address, and in addition to the times hereinbefore
provided one day shall be added for each thousand miles, or fraction thereof, of
distance between the point of mailing and the point of destination. In addition
to the notices hereinbefore required to be sent, duplicate originals of all such
notices shall be similarly and contemporaneously sent to the respective secretaries
of the Produced Association and the Equity Association.
If the Producers' Association or the producer, whichever may be a party to
said controversy or dispute, fails to appoint an arbitrator as hereinbefore pro
vided, or without just cause withdraws from said arbitration, then the Producers'
Association or the producer, as the case may be, shall be in default hereunder.
If the Producers' Association or the producer, as the case may be, is not so in
default then no strike shall be called, requested, encouraged, advised, or permitted
by the Equity Association, or any of its members, until the lapse of 15 days after
the failure or omission of the Producers' Association or the producer, as the case
may be, against which said award may have been made, to perform and discharge
said award, and such strike shall always be limited to the party against whom
said award has been made and the corporation, copartnership, association, indi
viduals, and concerns of whatever character, which the party against whom said
award has been made controls.
If any member of either the Producers' Association or the Equity Association
fails or refuses to perform the award rendered against him as hereinbefore pro
vided, then and in that event the said association to which such member belongs
shall promptly take appropriate measures with a view of compelling said mem
ber to make strict performance of, and compliance with said award; and any
thing hereinbefore contained to the contrary notwithstanding, no such strike shall
be called, requested, encouraged, advised, or permitted against such person who
has so failed to comply with said award until the lapse of 3 days after the expi
ration of said 15 days, if the Producers’ Association shall so request.
14.
This agreement shall continue in force up to and including June 1, 1924.
At any time within 90 days prior to said June 1, either party hereto may, in
writing notify the other party of its desire to meet the other party in conference
for the purpose of negotiating for a renewal of this contract upon its present or

APPENDIX B

changed terms, and in the event of such notice the party receiving the same shall,
within 15 days after the receipt of such notice, meet with the party giving such
notice in order to carry on such negotiations.
In witness whereof the parties hereto have here unto set their hands and seals
as of the date first above written.
By

P r o d u c e r s ’ A s s o c ia t io n ,
S a m . H . H a r r is , President.
A r t h u r H o p k in s ,

A c t o r s ’ E q u it y A s s o c ia t io n ,
F r a n c is W il s o n , President.
F r a n k G illm o r e ,

Acting Secretary.

Executive Secretary.
We hereby promise and guarantee that the undersigned respective organizations
will not call or go on strike in any case wherein the Actors’ Equity Association or
any of its members commit or committed a breach of the foregoing agreement.
New York, September 5,1919.
A m e r ic a n F e d e r a t io n o p M u s i c i a n s ,
W e b e r , President.

By Jos. N.
By

I n t e r n a t io n a l A l l ia n c e of T h e a t r ic a l S t a g e
E m p l o y e e s a n d M o v in g P ic t u r e M a c h in e O p e r a t o r s ,
C h a s . C. S h a y , President.
H ugh F r a y n e ,

Organizer for American Federation of Labor for the State of New York.

Appendix C.—PRODUCING MANAGERS’ ASSOCIATION-ACTORS’
EQUITY ASSOCIATION MINIMUM CONTRACT (STANDARD
FORM), 1919
Agreement made this--------- day of----------, 19—, between-------------------- (here
inafter called “ manager ” ), and------------------- (hereinafter called “ actor ” ).
1. The actor and the manager agree that this contract is entered into inde
pendently of any other contract between any Equity member and any producer
and of any other contract or contracts, affiliation, or understanding of any char
acter whatever other than the agreement dated September 6, 1919, between Pro
ducing Managers’ Association and Actors’ Equity Association.
The manager engages the actor to render services in1--------------------upon the
terms herein set forth, and the actor hereby accepts such engagement on the
following terms:
2. The date of the first public performance shall be th e--------- day o f ---------- ,
19—, or not later than 14 days thereafter.
Employment hereunder shall begin on the date of the beginning of rehearsals
and shall continue until terminated by such notice as is herein provided.
3. The manager agrees, as compensation for services hereunder, to pay the
actor the sum of --------- dollars ($--------- ) every week from the date of the
first public performance of the play.
4. (a ) The actor, if required, shall give four weeks’ rehearsal without pay; if
further rehearsals are required, then, for each additional week or part thereof,
the manager shall pay the actor full salary therefor.
( b) Rehearsals shall be considered to be continuous from the date of the first
rehearsal to the date of the first public performance of the play as provided in
paragraph 2.
(c) If the above play is a musical play or a spectacular production, then wher
ever the word “ four” appears with reference to rehearsals in this contract the
word “ five” shall be substituted.
5. This contract may, during rehearsals, be terminated as follows:
(a) At any time during the first 10 days’ rehearsals of the actor by either party
by giving written notice, if this contract be signed and entered into within two
months of the date mentioned in paragraph 2 except in case the actor be reengaged
for a part which he has previously played; or
(b) Any time after the first 10 days’ rehearsals of the actor, by the manager,
by paying the actor a sum equal to two weeks’ salary.
(c) The actor may cancel the contract by giving written notice and paying to
the manager a sum equal to two weeks’ salary.
(d) If a play be rehearsed less than 10 days and abandoned by the manager,
the manager shall pay the actor one week’s salary.
This contract may before the beginning of rehearsals be terminated as follows:
If this contract be signed and entered into prior to two months of the date
mentioned in paragraph 2:
(e) By the manager giving written notice and paying to the actor two weeks’
salary, unless the manager shall have previously notified the actor that the play
will not be produced or that the actor will not be called for rehearsal; provided
further, that the actor has secured another engagement at a salary not less than
herein provided, payments under which are to begin not later than the date of
the first public performance herein provided. In these events the manager shall
not pay said sum equal to two weeks’ salary, nor shall he do so if under similar
circumstances the actor secures an engagement at a lesser salary to be paid prior
to the date mentioned in paragraph 2; in that event the manager shall pay the
difference between the sum equal to two weeks’ salary and the sum which the
actor would receive for two weeks’ work.
1(Here state the name of the part and of the play in which the actor is to appear; also, if he is to be
required to understudy.)

APPENDIX O

6. Either party may terminate this contract at any time on or after the date
of the first public performance of the play by giving the other party two weeks’
written notice.
7. (a) If the play runs four weeks or less, the manager may close the play and
company without notice and terminate the right of the actor to further compen
sation, provided he has paid the actor for all services rendered from the date of
first public performance, and in no event less than two weeks’ salary.
(b) If the play shall run more than four weeks, the manager shall give one
week’s notice of the closing of the season of the play and company, and thereby
terminate the right of the actor to compensation except for services performed
to the date of closing.
8. If the manager is prevented from giving rehearsals because of fire, accident,
riot, strikes, illness of star or prominent member of the cast, act of God, public
enemy, or any other cause which could not reasonably be anticipated or pre
vented, then the time so lost shall not be counted as part of the four weeks’
rehearsal period herein provided. When said time so lost shall exceed two
weeks, the actor shall be free if he so elects.
9. (a) The actor shall furnish and pay for such clothes as are customarily worn
by civilians of the present day in this country, together with wigs, boots, and shoes
necessarily appurtenant thereto. All other clothes, wigs, shoes, costumes, and
appurtenances and all “ properties ” to be furnished by the manager.
(b) If the actor be a woman, then the following clause supersedes (a):
In both dramatic and musical companies all artists ’ gowns and all “ properties”
shall be furnished by the manager. Hats, footwear, and wigs for modern plays
to be furnished by the actress.
(c) All costumes, wigs, shoes, and stockings shall be furnished the chorus by
the manager.
(d) It is understood that in every case where the manager furnished costumes
and appurtenances under this paragraph of the agreement, if notice of cancellation
of this contract be given by such actor, in that event he or she shall reimburse
the manager for the necessary and reasonable expense to which he may be put
in altering or rearranging such costumes for his or her successor.
10. (a) Eight performances shall constitute a week’s work. A sum equal to
one-eighth of the weekly salary shall be paid for each performance over eight in
each week.
(b) Salaries shall be paid on Saturday night.
11. The manager hereby agrees to pay for transportation of the actor when
required to travel, including transportation from New York City to the opening
point, and back to New York City from the dosing point. The manager also
agrees to pay the cost of all transportation of the actor’s personal baggage up to
200 pounds weight.
12. (a) If this contract is canceled by the manager, he agrees to pay the rail
road fare of the actor back to New York City.
(6)
If this contract is canceled by the actor, he agrees to pay his own railroad
fare back to New York City and to reimburse the manager for any railroad fare
the manager may have to pay for the actor’s successor up to an amount of not
exceeding railroad fare from New York City to the point where said successor
joins the company.
(c) If the company is organized and its members are engaged outside of New
York City, the name of such place is, unless it is otherwise stated, herein agreed
to be substituted for New York in paragraphs 11 and 12.
13. The actor shall travel with the company by such routes as the manager
may direct, and the actor shall not demand compensation for any performance
lost through unavoidable delay in travel which prevents such performance by
the company.
14. It is further agreed if the company can not perform because of fire, accident,
strikes, riot, act of God, the public enemy, or for any other cause which could not
be reasonably anticipated or prevented, or if the actor can not perform or rehearse
on account of illness or any other valid reason, then the actor shall not be entitled
to any salary for the time during which said services shall not for such reason or
reasons be rendered. If this illness of the actor should continue for a period of
10 days or more, the manager may terminate the contract.
15. Beginning with the season of 1920-21, full salaries will be paid the week
before Christmas and Holy Week, but during the season 1919-20, the manager
has the right to lay off the company without salary for the week before Christmas
and the week preceding Easter Sunday, or both weeks, if desired. Itt the event

COLLECTIVE BARGAINING BY ACTORS

of such lay off the manager shall not be entitled to the services of the company
unless rehearsals be made necessary by the sudden illness of the star or of some
prominent member of the company or of change in the cast.
16. The actor agrees to be prompt at rehearsals, to pay strict regard to make
up and dress, to perform his services in a competent and painstaking manner, to
abide by all reasonable rules and regulations, and to render services exclusively
to the manager from the date of beginning of rehearsals, and shall not render serv
ices to any other person, firm, or corporation, without the consent of the
manager.
17. All communications which refer to the company in general shall be posted
upon the call board. Notice to the manager must be given to him personally or
to his representatives.
18. In event any dispute shall arise between the parties as to any matter or
thing covered by this contract, then said dispute or claim shall be arbitrated.
The manager shall choose one arbitrator and the Actors' Equity Association the
second. If within three days these arbitrators shall not be able to agree, then
within that time they shall choose a third, who shall not in any way be connected
with the theatrical profession.
If they fail to do so,--------------------, or his appointee, shall be the third. The
arbitrator shall hear the parties and within 10 days decide the dispute or claim.
The decision of a majority of said arbitrators shall be the decision of all and
shall be binding; said decision shall be final.
The arbitrators shall determine by whom and in what proportion the cost of
the arbitration shall be paid. The parties hereby appoint said board its agents,
with full power to finally settle said dispute or claim, and agree that its decision
shall constitute an agreement between them, having the same binding force as if
agreed to by the parties themselves.
Should suit be brought before the selection of arbitrators, the party sued may
at any time after suit and before trial give notice to arbitrate, and then in such
case arbitration must be chosen as stated hereinabove.
The parties hereto shall pay the arbitrators respectively selected by them, and
they shall bear equally the expense of the arbitration and the umpire.
In witness whereof we have hereunto set our hands the day and year first
above written.
--------------------, Manager.
-■
--------- , Actor•

Appendix D.—BASIC AGREEMENT BETWEEN MANAGERS5
PROTECTIVE ASSOCIATION AND ACTORS’ EQUITY ASSO
CIATION, 1924
An agreement made as of this 12th day of May, 1924, between The Managers'
Protective Association (Inc.), an association incorporated under the laws of the
State of New York, hereinafter called “ Protective Association" by and on behalf
of itself and all its present and future individual members and producing corpo
rations, copartnerships, associations, individuals, and concerns, of whatever char
acter, which said individual members, or any of them, control, manage, or direct,
hereinafter termed the “ producers," parties of the first part, and Actors'* Equity
Association, an unincorporated association existing under the laws of the State
of New York, hereinafter termed the “ Equity Association," by and on behalf of
itself and all its present and future individual members, hereinafter termed
“ Equity members/' parties of the second part, witnesseth:
Whereas the Protective Association is composed of a number of producers and
theater owners having substantial private interests and engaged in presenting
dramatic and musical compositions to the public; and
Whereas the Equity Association represents actors and performers engaged in
part by producers herein; and
Whereas both parties hereto are desirous of avoiding disputes which might
prevent the giving of performances, to the end that the parties hereto suffer no
personal loss and that the public may have the beneficial enjoyment of such
performances, and are further desirous of avoiding possible litigation; and
Whereas the parties hereto are desirous of establishing the terms and condi
tions upon which their respective interests may be safeguarded and under which
Equity members shall appear and perform; and
Whereas heretofore the Equity Association has duly adopted as a fundamen
tal principle controlling the action of its members, the condition that in their
several companies in which they are employed Equity members will work only
with Equity members, which said principle has been in operation for about three
years last past in all companies in which Equity members have been engaged
except those of the Producing Managed Association; and
Whereas said Equity Association has heretofore duly adopted rules and regu
lations providing that the foregoing conditions shall, on and after June 1, 1924,
apply in ail companies, regardless of by whom managed; and
Whereas of all of the foregoing the Protective Association has had due notice,
but in making this agreement desires that such rules adopted by the Equity
Association and its members shall be so modified that, to the extent hereinafter
agreed, Equity members will agree to work with performers not members of the
Equity Association; and
Whereas it is recognized in determining as to the character and extent of these
modifications, and the terms upon which it is equitable that they should be made,
that the Equity Association has to-day more than an 80 per cent representation in
productions in the field covered by this agreement and that a large majority of
the matters in dispute which have arisen and have been adjusted during the last
five years have affected entire companies, and that such adjustment of all of such
company difficulties has required the extensive services of the executive depart
ment of the Equity Association and increased overhead and expense, and that as
such adjustments have worked out in actual practice, nonmembers have been
continually receiving the benefits of these company adjustments, without any
personal expense or any contribution toward the cost thereof;
Now, therefore, the parties hereto agree:
First. The consideration hereof is the sum of $1, lawful money of the United
States, paid by each of the parties hereto to the other, the receipt whereof is
hereby acknowledged, and the mutual promises herein contained.
Second. Subject to the exemptions herein contained, wherever the term
“ actor " is used herein it shall apply to any and all males and/or females por-

COIJjECTIYE b a e g a i n i k g b y a c t o b s

traying any parts or characters, and/or any persons performing in any theatrical
troupe or company of performers, and also understudies and permanent company
stage managers.
Third. This agreement relates solely to productions of the parties in the field
of first-class dramatic and musical productions, and to producers when engaged
in such field and not otherwise. It does not apply to productions in stock, rep
ertoire, tents, or other classes of production, nor to producers and/or actors when
engaged in such other classes of production. When producers are referred to
(meaning thereby individual producers), the acts or omissions of such individu
als shall include the acts or omissions of any and all corporations, partnerships,
associations, alliances and concerns, of whatsoever nature, through whom or by
means of which any individual producer may operate and/ or which he may wholly
or substantially control, manage, or direct, and when productions are referred to
it is meant all productions in the field herein covered, directly or indirectly con
trolled by any or either of the foregoing.
Fourth. The provisions herein shall not apply to that class of performer known
as “ chorus,” with whom a separate and distinct agreement has been executed con
temporaneously herewith between the Protective Association and the Chorus
Equity Association. Members of the chorus are not hereafter^ in any computa
tion, to be considered or counted as a member of any cast, said computation to
be based upon the number of principals, understudies, and permanent company
stage managers as aforesaid only. “ Extras” are not to be counted.
Fifth. If it shall hereafter appear that either paragraphs numbered seventh,
eighth, ninth, twenty-sixth, twenty-seventh, and thirtieth, or any part, clause, or
subdivision of any or either of said paragraphs herein, are illegal or against pub
lic policy, or unenforceable by any or either of the parties hereto, or if any or either
of the parties hereto shall be at any time lawfully restrained from enforcing or per
forming its agreement as contained in any or either of said paragraphs, or any
part, clause, or subdivision of said paragraphs, then and in that event, and at the
option of either party, this agreement shall be void and terminable forthwith.
Sixth. All future contracts between any producer and any Equity member
shall contain, as a minimum, at least the provisions in the standard form hereto
annexed (hereinafter termed “ standard minimum contract” ), marked “ A,” and
by this reference made a part hereof. Such contract shall always include the
arbitration clause as set forth in said standard minimum contract.
Seventh. The Equity Association has, contemporaneously with its execution
hereof, and at the request of the Protective Association, caused its rule referred
to in the recitals hereof to be modified as to members of the Protective Associa
tion, so as to read as follows:
“ It is resolved, That no member of this association shall, after June 1, 1924,
play in any company or any performance produced by any member of the
Managers’ Protective Association (Inc.) unless at least 80 per cent of the actors
who are members of said company and/or appear in said performance are fully
paid-up members of the Actors’ Equity Association in good standing and unless
eachi of the remaining persons, who are members of said company and/or appear
in said performance, namely, not more than 20 per cent (none of whom may be
suspended or delinquent member of Actors’ Equity Association or a person who
has been expelled or dropped therefrom), shall on or before the first rehearsal of
said company have paid in cash to this association a sum or sums equal to what
such person would have had to pay to this association as the usual and regular
initiation fee and dues if such nonmember had at the time of his or her first
rehearsal in said company duly applied for and been admitted to membership in
this association; and unless such nonmember shall continue so to make there
after to this association payments in the same amounts as if he or she should
have continued thereafter to be a member of this association in good standing;
and such payments to this association shall, unless this association otherwise
consents, be made by this nonmember directly and not by or through any pro
ducer or other person, firm, or corporation; and it is
“ Further resolved, That no member of this association shall work or continue to
work for any employer, manager, or producer, who or which, directly or indirectly,
alone or in combination with others, produces or continues to produce any play
or make any production in which there are less than 80 per cent as herein
defined, of Equity members, and also unless all nonmembers in such play or
production have made and continue to make to this association the payments
hereinbefore specified; and it is
“ Further resolved, That in computing and defining said 80 per cent of actors the
following schedule and scale shall apply, namely: In companies consisting of less

APPENDIX D

than 5 actors, no nonmembers; of from 5 to 9 actors, not more than 1 non
member; of from 10 to 14 actors, not more than 2 nonmembers; of from 15 to
19 actors, not more than 3 nonmembers; and a like proportion computed on a
similar basis for larger companies. Understudies and permanent stage managers
are to be counted as members of the company; and it is
“ Further resolved, That the persons whose names are on a certain list of non
members agreed upon between this association and Managers’ Protective
Association, and deposited in the office of this association, are in the percentage
hereinbefore specified to be deemed nonmembers; but none of the payments
to the Equity Association hereinbefore specified need be made by them. If
such actor shall at any time become a member of the Equity Association, his
name shall thereafter be deemed eliminated from said list. Dues as above
defined shall be in amount the current Equity Association dues payable and
being paid at the time of such beginning of rehearsals; and it is
“ Further resolved, That any and all contracts of employment entered into by
any member of this association with any member of Managers’ Protective Associ
ation (Inc.) shall contain appropriate provisions which will in all respects carry
out the foregoing resolutions and enable said Equity member to obey and carry
out said resolutions. ”
Eighth. The Equity Association will not, during the term hereof, make any
by-laws, rule, or resolution of any kind which shall diminish the percentage of
nonmembers specified in subdivision seventh of this agreement, with whom its
members will work or continue to work in any company or production of any
members of the Protective Association, or which shall increase above the amounts
specified in said subdivision seventh the payments specified in said subdivision
seventh to be made by nonmembers of the Equity Association. The Protective
Association and each and every member thereof agrees that, to the full extent,
in every manner and form and under all conditions, it will, so far as it may be
lawful so to do, recognize and agree to the conditions, requirements, and limita
tions set out in the resolution quoted in subdivision seventh of this agreement,
and contract with and employ Equity members always under the conditions set
forth in said resolution and under no conditions inconsistent therewith.
Ninth. If it shall, at any time hereafter, be determined either by a court of law
or by an arbitrator acting under this agreement, that it is or will be unlawful for
the Equity Association fully to enforce its resolution set out in paragraph seventh
of this agreement, or for the Protective Association and each individual member
thereof to recognize and agree to the conditions, requirements, and limitations
set out in said resolution, and to contract with and employ Equity members
always under the conditions set forth in said resolution and under no conditions
inconsistent therewith, or to cooperate or act in conjunction with the Equity
Association fully to enforce said resolution, then and in any such event this
entire agreement, at the option of either association, shall forthwith terminate.
Tenth. The Equity Association will not, by force, intimidation, or threats, or
other illegal act, directly or indirectly, force or coerce, or attempt to force or
coerce, any person or persons not a member or members of Equity Association
to become a member thereof, and will order its members or any particular mem
ber, under penalty of discipline, not to do any of the foregoing.
Eleventh. Neither the Protective Association nor any producer will force
or coerce, directly or indirectly, or attempt to force or coerce, directly or indi
rectly, any persons to resign from or sever in any manner, or to any degree,
connection with the Equity Association, or not to join the Equity Association,
or to join or become connected in any manner or to any degree with any other
organization, nor will the Protective Association or any producer, directly or
indirectly, blacklist or otherwise willfully discriminate against any person or
persons in any manner connected with his employment or otherwise, by reason
of his or her membership in the Equity Association, and, in addition to other
remedies accruing to the Equity Association or its members hereunder, the Pro
tective Association will enforce the provisions of this clause by appropriate
disciplinary measures.
Twelfth? Neither the Protective Association nor any producer shall compel,
coerce, or persuade, or attempt to compel, coerce, or persuade, any Equity Associa
tion member to pay any consideration for his employment to any employment
agency or other medium through which he is or may be employed.
Thirteenth. The Equity Association will not compel, coerce, or persuade any
Equity member to obtain or seek employment through its employment agency.
Fourteenth. The Equity Association covenants and agrees that it will not
participate, nor will it or its members in any manner, directly or indirectly, go

COLLECTIVE BARGAINING BY ACTORS

out with and/or on any sympathetic strike against any member or members of
the Protective Association that may, at any time during the life of this agree
ment, be called by any craft connected with the theater.
Fifteenth. The Equity Association agrees to accept the application of and to
admit to membership any person of good character and of sufficient age to
legally be allowed to be an actor (except persons who have been duly dropped
or expelled), upon payment of the regular initiation fee prescribed for such
intended member and the usual and then current dues, which initiation fee shall,
during the term hereof, be as follows:
(1) Ten dollars for junior members, junior members now being defined as
actors of less than two years’ experience.
(2) Twenty-five dollars for all others, meaning by “ all others,” as said
classification is now made, actors of more than two years’ experience. Equity
members who shall have resigned of their own volition and in good standing
and who may wish to reenter shall be forthwith reinstated upon application
and upon the payment of the initiation fee and advance dues payable by new
members of the same class.
Sixteenth. Members of either association who may be expelled or suspended
shall have a right to appeal from the final action of their respective association
to the joint arbitration board as herein constituted, and such board shall have
full power of judgment and its decision shall be final and binding upon the
association and the performer affected.
Seventeenth. The initiation fee hereinbefore stated shall not be raised without
the consent of the Protective Association, but the Equity Association may change
its dues and make assessments, providing the same affect equally all members of
every class by whom said dues or assessments are payable.
Eighteenth. The Actors' Equity Association agrees not to create any appren
tice class or probationers among its members, nor create different classes of per
formers, to which class or classes its members are or may be assigned, and will
make no agreement with its members, verbally or in writing, compelling or sug
gesting the salary or pay which any actor may request or demand of any pro
ducer, it being the intent hereof that no rules shall be made which shall prevent
free and unrestricted competition among Equity members seeking employment.
Nineteenth. The Equity Association agrees that it will in no way take part in
or interfere in the casting of plays, nor at any time prescribe the number or type
of actors to be employed in any dramatic or musical play, nor interfere with nor
establish lines or parts of business, nor in any way take part in, interfere with,
dictate to, or demand of authors or producers in regard to the subject matter,
plot, and/or text of play, it being the intent hereof that there shall be no inter
ference of any kind in which the actors are concerned regarding the character of
performances and productions, material in, or the method of presentation of any
play by any producer.
Twentieth. The Protective Association agrees that no Equity member shall be
ordered or required to do the work of any stage hand or musician.
Twenty-first. The parties hereto expressly agree that should any agreement,
contract, or understanding, covering the same subject matter as is covered by
this contract, by whatsoever name known, be arrived at between the Equity
Association and any other body of producers, or any individual producer or pro
ducers producing first-class regular dramatic and musical attractions, and should
said contract contain any terms and/or conditions more favorable to said Associ
ation or body of producers, or producer so producing, then it shall be optional to
the Protective Association to terminate this agreement and accept in lieu thereof
another agreement containing all of the terms, covenants, and conditions as in
such other agreement, contract, or understanding contained, or at the option of
the Protective Association this agreement shall be modified to conform in all
respects to such other agreement, contract, or understanding so made and
entered into between the Equity Association and such other body of producers or
producer, and it is agreed that this provision shall apply automatically through
out the entire term of this agreement. Temporary concessions relating to work
ing conditions given individual producers in the course of the operation of
individual companies are not agreements, contracts, or understandings within
the meaning of this clause.
Twenty-second. It is agreed between the parties that in case of any dispute
between individual producers as to their respective rights for the services of any
Equity actor, the joint arbitration board herein provided for shall decide and
said decision shall be final, and by conforming to said decision said Equity actor
shall be released from further liability.

APPENDIX D

Twenty-third. The parties of the first part agree that Equity actors may play
In Equity benefits; that deputies of the Equity Association will be permitted
in each company, and duly authorized representatives shall have the right to be
on the stage before and after rehearsals and before and after performances; and
that producers will tentatively engage Equity members on their paid-up card,
which will be prima facie evidence of Equity membership until the producer is
otherwise notified by the Equity Association.
Twenty-fourth. The Protective Association agrees that it will within 10 days
pay any money award made against any of its members.
Twenty-fifth. The parties agree that the Protective Association and the
Equity Association shall have the right respectively to institute, present, and
prosecute to a final conclusion any claim or suit by arbitration or otherwise in
the names of its respective members or in its own name on behalf of its
members, and that the receipt or release or the satisfaction of an award or judg
ment given by the association of which the claimant is a member shall be full
protection to the person making payment.
Twenty-sixth. Producers breaching this agreement or in default in relation
thereto shall not have the benefit of any part of this agreement, and at the option
of any Equity member (provided the Equity Association concurs) said member
is released from any individual contract made with any such producer.
Twenty-seventh. The Protective Association agrees that it will not at any
time after May 31, 1924, admit to its membership any person, firm, or corpora
tion without the previous consent in writing of the Actors’ Equity Association,
filed with the secretary of the Protective Association. A violation of this agree
ment, will, at the option of the Equity Association, relieve the Equity Associa
tion and its members from any and all further obligations under this agreement.
Twenty-eight. The term of this agreement shall be 10 years from June 1,1924,
excepting as to clauses numbered fifteenth, seventeenth, eighteenth and nine
teenth, as to which clauses the term shall be 25 years; also for this latter term,
nonmembers on attached list, referred to as Fidelity League members, will be
entitled to the rights herein specified.
Twenty-ninth. This contract is in all respects to be construed in accordance
with the laws of New York.
Thirtieth. In case of any controversy or dispute arises between the Protective
Association and the Equity Association hereunder regarding the meaning, inter
pretation, or enforcement of this agreement or any part thereof, or any allegation
of any breach thereof, in whole or in.part, such controversy or dispute shall be
decided and settled by arbitration, and either party to such controversy or dispute
may notify the other that arbitration is demanded, stating generally in such
notice the matter or matters in dispute, and in such notice such party shall
name its arbitrator. Within 5 days after such written notice has been so
sent, the other party shall name its arbitrator and shall so notify the claimant.
The third arbitrator and umpire shall b e -------------------- .
(a) Should said umpire die or refuse to act or be incapacitated, a new umpire
shall be named to serve in his stead. The decision of a majority of said arbi
trators as so constituted shall be the decision of the board and shall be binding
and conclusive on all parties to such controversy or dispute. Such board shall
receive the evidence and shall render its decision within 15 days after the sub
mission of the controversy. ^ Said board of arbitration shall have full power to
determine the manner in which they shall hear the parties, the mode of procedure,
the character, nature, and extent of evidence to be considered. The decision of
the board shall be reduced to writing and a copy thereof sent to each of the
parties hereto and the parties to said controversy. Said parties to said contro
versy against whom any award shall be made shall have 10 days after said copy
of said decision or award has been sent as aforesaid within which to comply
with the same.
(b) The parties agree that judgment upon said award may be entered in the
Supreme Court of the State of New York, that the oath of the arbitrators and of
the umpire shall not be necessary in any matter unless one or both of the parties
make a specific request therefor, and that the procedure on said arbitration shall
meet the requirements of a lawful arbitration under the laws of the State of New
York and rules of practice of the Supreme Court of the State of New York.
(c) All notices in this paragraph shall be given by registered mail to the ad
dressee’s last known business address, and in addition to the time herein provided
ne day shall be added for a thousand miles or fraction thereof of distance between

69702°—26f------6

COLLECTIVE BARGAINING BY ACTORS

the point of mailing and the point of destination. In addition to the notices here
inbefore required to be sent, duplicate originals of all such notices shall be similarly
and contemporaneously sent to the respective secretaries of the parties hereto. If
the Protective Association or the producer, whichever may be a party to said con
troversy or dispute, fails to appoint an arbitrator, as hereinbefore provided, or
without just cause withdraws from said arbitration or fails to obey within the
time herein specified any award, then said Protective Association or the producer,
as the case may be, shall be in default, hereunder, and have breached this agree
ment and shall no longer be entitled to the benefit of the provisions hereof.
(id) No strike shall be called, requested, encouraged, advised, or permitted by
the Equity Association or any of its members until, as aforesaid, said default of
the producer or of the Protective Association, as the case may be, may have
continued for 10 days, at the end of said 10 days said Equity Association and/or
its members shall be free to act as they see fit, but any strike shall always be,
limited to the party against whom said award has been made and the corporation,
copartnership, association, individuals, and concerns of whatever character which
the party against whom said award has been made controls. If the award is
against an individual producer who defaults, the Equity Association and its
members will, at the specific request of the Protective Association, delay any
action on its part for 3 days after the expiration of the said 10 days, but no more.
Thirty-first. The fact that the Equity Association allows its members to use
the so-called independent form of individual contract and to work under the
conditions thereof shall not be considered the issuance by it of a better form of
contract within the meaning of this agreement; but said individual independent
contract is, with all reasonable speed, to be revised so as to contain no individual
working conditions more favorable to the independent manager or producer than
are stated in the standard minimum contract referred to herein.
Thirty-second. Anything to the contrary in this agreement notwithstanding,
the Protective Association agrees that, should the Chorus Equity Association or
its members be, under the agreements entered into between the Protective
Association and the Chorus Equity Association and its members, free to strike
then, as against the producer or producers affected the Equity Association and
its members shall also be free to strike.
Thirty-third. Should the Protective Association give any group or classifica
tion of actors better working agreements than herein provided, Equity members
shall be entitled to said better working conditions.
Thirty-fourth. In determining claims arising under the standard minimum con
tract hereto annexed, there shall be established a joint arbitration board consisting
of one or more members of the Protective Association and the Equity Association,
with--------------------as umpire. This board will meet at least twice a month and
have a special meeting at the request of either association.
In witness whereof, each of the parties hereto has caused this instrument to be
signed by their respective presidents, attested by their respective executive secre
taries, and have caused their respective seals to b e hereunto affixed as of the day
and year first above written.
In the presence of:
By
Attest:
L. L a w r e n c e

T h e M a n a g e r s ’ P r o t e c t iv e A s s o c ia t io n (I n c .),
A r t h u r H a m m e r s t e in , President.

W eber,

Secretary.
A c t o r s ' E q u it y A s s o c ia t io n ,
J o h n E m e r s o n , President.

By
Attest:
F r a n k G il l m o r e ,

Executive Secretary.
Witness:
W il l i a m K l e i n ,

Of counsel, for Managers9 Protective Association.
Witness:
P a u l N. T u r n e r ,
Of counsel, for Actors1Equity Association.

Appendix E.—EQUITY MINIMUM CONTRACT (STANDARD
FORM), 1924
Agreement made this-------- day of______________ ,1 9 ___, between_________ __________ (manager) and____________________ (hereinafter called actor).
The regulations on the other side hereto are a part hereof, as though printed
herein at length. To insure in this contract a sufficient degree of flexibility to
meet the contingencies and necessities of theater production as the same may
arise, separately printed “ Rules governing minimum standard contract ” are also
made a part hereof as though printed herein at length.
1. Agreement of employment.— The manager engages the actor to render service
in part of_________________________________________________ in the play now
(Here insert name of part; also if actor is required to understudy)

called_____________________________ and the actor hereby accepts such employ(Here insert present title of play)

ment upon the terms herein set forth.
2. Opening date.— The date of the first public performance shall be the_____
day o f ______________ , 19___, or not later than 14 days thereafter.
Employment hereunder shall begin on the date of the beginning of rehearsals,
and shall continue until terminated by notice given as herein provided and not
otherwise.
3. Compensation.— The manager agrees to pay the actor the sum of_________
___________dollars ($--------- ) each week on Saturday thereof, from and after the
date named in paragraph 2 and until this agreement is duly terminated.
Regulations on reversed side.— Regulations covering rehearsals, notice of termin
ation before and during rehearsals, lost rehearsals, individual termination, closing
f play and season, clothes, number of performances, lost performances, transpor
tation, lay off, method of giving notice, and other matters are set forth in the
i ‘ Regulations ” on the reverse side of this page and in “ Rules governing minimum
standard contract, '' and except as hereinafter provided are a part hereof.
4. Duties of actor.— The actor agrees to be prompt at rehearsals, to pay strict
regard to make-up and dress, to perform his servicies in a competent and pains
taking manner, to abide by all reasonable rules and regulations of the manager,
and, except as otherwise herein provided, to render services exclusively to the
manager from the date of beginning of rehearsals, and shall not render services
to any other person, firm, or corporation without the consent of the manager.
5. (a) The actors' employment hereunder is conditional upon the membership
of the companies of the manager being in accordance with the Equity Association
rules, set forth in the agreement between the Actors' Equity Association and the
Managers' Protective Association (Inc.), dated May 12, 1924, and the actor shall
not be required to work hereunder in violation of any such rules. Should at any
time the membership of any such company fail to be in accordance with any such
rules, or should the manager fail to comply with any of the provisions of paragraphs
7 or 8 of said agreement, the actor shall at his option, provided the Actors'
Equity Association consents, be released from this agreement, and the manager
agrees to pay to him and he may recover from the manager all sums due to date
of said release plus his return fare, as provided in the transportation clause, plus,
as liquidated damages, a sum equal to two weeks' salary. Any claim under this
paragraph must be made by the actor through and with the consent of the Actors'
Equity Association, and any dispute regarding the same shall be arbitrated under
the provisions of this agreement.
(6)
This agreement is dependent upon and subject to all the terms and condi
tions of said agreement with the Managers' Protective Association (Inc.), dated
May 12,1924.
6. Arbitration.—In event that any dispute shall arise between the parties as to
any matter or thing covered by this agreement, or as to the nfeaning of any part
thereof, then said dispute or claim shall be arbitrated. The manager shall choose
one arbitrator and the Actors' Equity Association the second. ______________
—____shall be the third. These three shall constitute the board, and the decision

COLLECTIVE BARGAINING BY ACTORS

of a majority of the arbitrators shall be the decision of all and shall be binding
upon both parties and shall be final. The board shall hear the parties and within
seven days shall decide the dispute or claim. The board shall determine by whom
and in what proportion the cost of arbitration shall be paid, and the parties hereby
constitute said board their agents and agree that its decision shall constitute an
agreement between them, having the same binding force as if agreed to by the
parties themselves. Further, that they and each of them will, if required, sign
such individual arbitration agreement as to make said arbitration comply with a
legal arbitration under the laws of the State of New York, and the rules of the
Supreme Court thereof, and that judgment upon the award may be entered in
the Supreme Court of the State of New York. The oath of the members of the
board of arbitration shall not be necessary unless specifically requested by one
of-the parties.
In witness whereof we have signed this agreement on the day and year first
above written.
-------------------- , Manager.
--------------------, Actor.
REGULATIONS
(To be printed on standard minimum contract)

A. Rehearsals.— (1) The actor, if required, shall give four weeks’ rehearsal
without pay (in case of musical comedy, revue, or spectacular production, five
weeks), and obligates himself to be ready to rehearse four (or five) weeks before
the date mentioned in paragraph 2 on face cf contract hereof; if further rehearsals
are required then for each additional week or part thereof the manager shall pay
the actor full compensation, as provided in paragraph 3 on face of contract hereof
on Saturday night of each week.
(2) It is agreed that rehearsals shall be continuous from the date of the first
rehearsal to the date of the first public performance of the play, as stated in par
agraph 2 on the face hereof.
B. Notice of termination before rehearsal.—This contract may before the begin
ning of the rehearsals be terminated as follows:
(1) If the contract be signed and entered into prior to two months before the
specific date mentioned in paragraph 2 on face hereof;
(a)
By the manager’s giving to the actor written notice and paying him two
weeks’ salary.
If, however, previously to giving such written notice and making such pay
ment the manager shall have given to the actor written notice that the play will
not be produced or that the actor will not be called for rehearsals, and the actor
thereafter secures a new engagement under which payments to him are to begin
not later than the date specified in paragraph 2 on the face hereof, then and in
that event, instead of said two weeks’ salary, the only sum, if any, which the
manager need pay the actor shall be the amount, if any, by which said two weeks’
salary exceeds two weeks’ salary of the actor under said new engagement.
(2) If the contract be signed and entered into within two months of the specific
date mentioned in paragraph 2 on the face hereof and the play is not placed in
rehearsal or is abandoned, the manager shall pay the actor a sum equal to one
week’s salary.
C. Notice of termination during rehearsal.— This contract may during rehearsals
be terminated as follows:
(1) At any time during the first seven days’ rehearsals of the actor by either
party by giving written notice, if this contract be signed and entered into within
two months of the specific date mentioned in paragraph 2 on the face hereof,
except in case the actor be reengaged by the manager for a part which he has
previously played, in which event he shall be paid two week’ compensation; or
(2) Any time after the first seven days’ rehearsals of the actor by the manager
giving written notice to the actor and by paying him forthwith a sum equal to
two weeks’ compensation.
(Note.— In the above two subdivisions (C -l and C-2), wherever the word
“ seven ” appears in reference to the probationary period of rehearsals the word
“ ten ” shall be substituted if the actor be employed in a musical comedy, revue,
or spectacular production.)
(3) The actor may cancel the contract by giving written notice and with the
same paying to the manager a sum equal to two weeks’ compensation.
D. Individual termination after opening.— Either party may terminate this
contract at any time on or after the date of the first public performance of the
play by giving the other party two weeks’ written notice.

APPENDIX E

E. (1) If the play runs four weeks or less, the manager may close the play
and company without notice and terminate the right of the actor to further
compensation, provided he has paid the actor for all services rendered to date,
and in no event less than two weeks’ compensation..
(2) If the play shall run more than four weeks the manager shall give one
week's notice of the closing of the season of the play and company, or pay one
week's compensation in lieu thereof.
F. Clothes.— (1) If the actor be a man, he shall furnish and pay for such con
ventional morning, afternoon, and evening clothes as are customarily worn by
civilians of the present day in this country, together with wigs and footwear nec
essarily appurtenant thereto. All other wigs, footwear, costumes, clothes, appur
tenances, and “ properties," including those peculiar to any trade, occupation, or
sport, to be furnished by the manager.
(2) If the actor be a woman, all wigs, gowns, hats, footwear, and all “ properties"
shall be furnished by the manager.
(3) It is understood that in every case where the manager furnishes costumes,
if the notice of cancellation of this contract be given by the actor he or she shall
reimburse the manager for the necessary and reasonable expense to which he may
actually be put in having costumes altered or rearranged for the successor, and
repay for current shoes.
G. Notices.— All communications which refer to the company in general shall
be posted upon the call board. Notice to the manager must be given to him person
ally or to his company or stage manager.
H. Number of performances worked.— (1) Eight performances shall constitute a
week's work.
(2) A week's compensation shall be paid even if a less number than eight per
formances are given, except as herein otherwise provided in paragraph J.
(3) A sum equal to one-eighth of the weekly compensation shall be paid for each
performance over eight in each week. (This also applies to understudies.)
(4) It is assumed that Sunday rehearsals and performances will take place only
where it is lawful, and the actor shall not be required to perform in the play and
part above named on Sunday in any theater except those where Sunday perform
ances were customarily given on May 1, 1924.
I.
Lost performances.—The actor shall travel with the company by such routes
as the manager may direct, and the actor shall not demand compensation for any
performance lost through unavoidable delay in travel which prevents the giving
of performances by the company.
j. It is further agreed if the company can not perform because of fire, accident,
strikes, riot, act of God, the public enemy, or for any other cause of the same
general class which could not be reasonably anticipated or prevented, or if the
actor can not perform on account of illness or any other valid reason, then the
actor shall not be entitled to any salary (except as otherwise herein specified)
for the time during which said services shall not for such reason or reasons be
rendered. Should any of the foregoing conditions continue for a period of 10
days or more, either party may terminate the contract and the manager will pay
for all services to date and transportation back to New York City.
K. Lost rehearsals.— If the manager is prevented from giving rehearsals
because of fire, accident, riot, strikes, illness of star or prominent member of the
cast, act of God, public enemy, or any other cause of the same general class
which could not reasonably be anticipated or prevented, then the time so lost
shall not be counted as part of the four (or five, as the case may be) weeks'
rehearsal period herein provided. After the fourth week of rehearsal, including
any layoff period on the above account, the manager will pay half salaries for
two weeks, at the end of which time the actor shall be free unless the manager
wishes to continue the services of the actor and pays him full salary thereof.
L. Transportation.—The manager agrees to transport the actor when requir ed
to travel, including transportation from New York City to the point of opening
and back to New York City from the point of closing; also the actor's personal
baggage up to 200 pounds weight.
M. The manager shall reimburse the actor for all loss or damage to his prop
erty used and/or to be used in connection with the play while they are wholly
or partly in the possession or control or under the supervision of the manager
or of any of his representatives and also when such baggage and property has
been in any way shipped, forwarded, or stored by the manager or any of his
representatives, but the actor shall have no claim if the loss or damage occurs

COLiLECTIVE BARGAINING BY ACTORS

while the baggage or property is under his own control. Upon paym ent of said
loss or damage the manager shall be subrogated to all rights of the actor
therefor.
N. (1) If individual notice of termination is given’ by the manager he agrees
to pay the actor in cash the amount of the cost of transportation of the actor
and his baggage back to New York City whether the actor returns immediately
or not.
(2) If this contract is canceled by the actor, he agrees to pay his own rail
road fare back to New York City and to reimburse the manager for any railroad
fare the manager may have to pay for the actor's successor up to an amount
not exceeding railroad fare from New York City to the point where said
successor joins the company, whether for rehearsal or for playing.
(3) If the company is organized outside of New York City, the name of such
place is herein agreed to be substituted for New York City in paragraphs L, N -l
and N-2 and elsewhere.
0. The manager shall not be responsible for any loss occurring to the personal
baggage of the actor whose duty is, if he desires to protect himself against loss,
to insure the same.
P. Strikes, within the meaning of paragraph J hereof, is construed to mean
any strike of any name or nature which shall prevent the manager from giving
performances in the usual course of his business in any theater or theaters.
RULES GOVERNING MINIMUM STANDARD CONTRACTS
(To be printed on standard minimum contracts)

1. Should the manager of any production consider the same “ spectacular ”
and therefore entitled to five weeks of free rehearsals, he shall notify the Actors*
Equity Association before the beginning of rehearsals, and advise fully as to the
nature of the production and secure its allowance of his claim.
2. Rehearsals begin with the date when the actor is first called. If the man
ager chooses to start with a reading to the company, or substantial part thereof,
said reading is a part of and begins the rehearsal period.
3. In case of company rehearsals being held before opening at a place differ
ent from that of organization the manager shall pay the actor his reasonable living
expenses during said rehearsals, except that the manager shall be allowed two
days of free rehearsal in cities within 1,000 miles of New York City and one
additional day free for each additional 1,000 miles or fraction thereof.
4. If the actor shall absent himself from rehearsals for seven days or more by
reason of illness, the manager may cancel this contract without payment for
service to date. The association may, in its discretion, upon appeal by the
manager, reduce this period.
5. Contracts between manager and actor shall be deemed to be entered into
between the said parties on the date when the terms of the contract are agreed upon
between the parties, and contracts must be issued and signed as of that date.
6. If after joining a company, which has opened and is on tour, an actor is dis
missed at rehearsals within the seven-day probationary period (provided the
seven-day probationary period has not already been deleted from his contract)
the manager shall pay to the actor his transportation both ways and for each day
of rehearsal a sum equal to one-fourteenth of the weekly salary agreed upon,
said rehearsals to be deemed continuous and to begin not later than the day after
the actor’s arrival. In case the actor is dismissed after the seven-day probation
ary period, the manager shall pay the actor two weeks' salary and his transpor
tation both ways.
7. If the full rehearsal period to which the manager is entitled be not used by
him before the date .of opening, he may employ the balance thereof immediately
before the New York opening, provided that said New York opening takes place
within six weeks of the original opening of the play.
8. All performances for which admission is charged (except bona fide benefits)
are to be counted and considered as performances under the minimum standard
contract.
9. If the employment under any contract relates to the second or subsequent
season of any play, then the period of free rehearsals is three weeks instead of
four, but this provision shall not obtain if 50 per cent or more of the cast were
not members of the production the preceding year.
10. If the play for which the actor is engaged is rehearsed seven days or less
and then rehearsals are discontinued or postponed, or if the production is aban

APPENDIX E

doned during rehearsals on or before the seven-day probationary period would
have expired, the manager shall pay the actor as follows: If the contract has
been signed or entered into within two months of the date mentioned in para
graph 2 of the standard minimum contract, a sum equal to one week's salary,
otherwise a sum equal to two week’s salary.
11. In case the play is abandoned before rehearsals or the actor is entitled to
compensation under the preceding paragraph, payment shall be made by the
manager to the aetor not later than three weeks prior to date of opening specified
in paragraph 2 of the main contract.
12. Seven days’ rehearsals means seven consecutive calendar days, counting
Sunday (when Sunday is used for rehearsals), and said seven days terminate
with the dismissal of rehearsal on the seventh day as herein reckoned.
13. If the part of an actor who shall have been dismissed before the end
of the rehearsal on the seventh day shall be cut out, the manager shall pay to the
actor a sum equal to one week’s salary.
14. The manager shall use reasonable care that his press department shall not
announce the engagement of the actor until after the seven-day probationary
period, and shall drop the name of the actor from advertising and publicity matter
as soon as is possible after the actor leaves the company.
15. If the actor is not allowed to work out any notice properly given under his
contract the amount to which he is entitled shall be paid forthwith upon the giv
ing of the notice.
16. The right of the manager to close a play and company without a week’s
notice within four weeks after the opening date does not apply to the second or
subsequent season thereof.
17. Notices of termination or closing given at or before the end of the perform
ance on Monday night, effective at the end of the Saturday night following, shall
be deemed one week’s notice; and such notice effective at the end of Saturday
week following shall be deemed two weeks’ notice.
18. The essence of this contract is continuous employment, and a play once
closed shall not be reopened during the same season within eight weeks of the
date of previous closing without the consent of the Actors’ Equity Association.
Such consent, if given, shall be upon such terms and conditions as may be con
sidered just and equitable by such association.
19. Except in a case of notice given on Monday, as otherwise provided in
these rules, a week’s notice shall be 7 calendar days and two weeks’ notice 14
calendar days.
20. Should the manager require the actor purchasing his clothes from a special
tailor or shall require exclusive or unique designs or unusually expensive clothes,
then the manager shall pay for such clothes, anything to the contrary in clause G
of the standard minimum contract notwithstanding.
21. The actor shall be responsible for transporting his own baggage to and from
the station or theater in New York City. The manager will pay the cost of or
reimburse the actor for such transportation anywhere on Manhattan Island.
22. Should the citizens’ jury provided for in New York decide adversely to the
continuance of a production because salacious or against public morals, the arctor
shall forthwith terminate his employment without notice, payment, or penalty.
23. Should the production in which the actor is engaged be complained of as
b.eing in violation of any statute, ordinance, or law of the United States, any
State, or any municipality in any State and should a claim or charge be made
against the actor on account of his being engaged in such production, either civil
or criminal, the manager shall defend the actor at his own expense, or shall pay
any and all reasonable charges laid out or incurred by the actor in his defense, and
the manager agrees to indemnify the actor against any loss or damage which he
may suffer on account of being engaged in any such production.
This rule shall not apply to any case or any set of conditions where its enforce
ment would be illegal or against public policy.
24. The manager shall have the right to lay off his company the week before
Christmas and Holy Week. Should such lay off take place the manager shall
not during said lay-off period be entitled to the services of the company except
for a run-through rehearsal on the day of reopening, and except further that addi
tional rehearsals may be allowed by the Actors’ Equity Association in case of ill
ness of the star or prominent member of the company or change in cast.
25. If in any production the star or featured member of the cast shall be ill and a
lay off shall take place on that account, actors receiving less than $100 weekly
(but no others) shall be paid by the manager an amount equal to their board and
lodging for the first week. If said lay off continues beyond one week, half salaries

COLLECTIVE BARGAINING BY ACTORS

shall be paid to the entire company for each day the actors are retained up to
and including two further weeks. From and after the beginning of the fourth week
the manager shall either pay full salaries to all members of the company or may
abandon the production.
26. When understudies are employed or there is a change in the cast, announce
ment shall be made to this effect, either by a slip in the program, or by an
nouncement from the stage at the rise of the curtain, or by conspicuously posting
a notice to that effect a reasonable time before the rise of the curtain at the
box office.
27. In case after the opening of the play and after at least two weeks’ employ
ment, the manager shall desire to lay off for the purpose of rewriting or making
changes in the cast or any other reason deemed sufficient by him, he may apply
to the Actors’ Equity Association for the right to do so. If the association agrees
to such lay off it may do so upon such terms and conditions as may seem equi
table to it under the circumstances. But in any event if a change or changes in
the cast is made the actor or actors dismissed and not employed upon the renewed
run of the play shall be paid at least one week’s additional salary.
28. Musical comedies, revues, or spectacular plays shall immediately after a
New York run be allowed one day’s lay off before the opening in either Boston
or Chicago. This does not apply to premieres, i. e., original openings in those
cities.
29. Should the actor deem that he has any claim against the manager under
his contract he shall present the same to the Actors’ Equity Association or to the
manager or both within two months after the time when such claim has arisen,
unless he shall give to the board of arbitration good and sufficient reason for any
delay after such period of two months.
30. Should either party give the other any notice under his contract which termi
nates the same at any future date and should the actor have or secure a new engage
ment he shall be permitted to attend the rehearsals under the new engagement
as may be necessary and as do not conflict with his performances under his then
existing contract.
31. The actual salary of the actor agreed upon shall be stated in the contract
and a lesser or fictitious salary shall not be stated in the contract.
32. Unless special consent otherwise is given by the manager, understudies shall
be present at each performance.
33. u Try outs ” during May, June, and July are permissible where the manager
agrees to pay and pays one week’s salary for two weeks’ rehearsals and an addi
tional half week’s salary for each additional week of rehearsal, one week’s salary
to be guaranteed. Payment for part of a week’s rehearsal shall be pro rata.
34. Sunday performances referred to in “ Regulations, ” under subdivision 4 of
paragraph H, are regular dramatic and musical productions and do not include
vaudeville, recitals, concerts, and the like.
35. Equity will raise no objection to the trying out of vaudeville acts in revues
or similar type of productions for one performance, provided the actor understands
and is agreeable to this arrangement and provided further that this entails on the
company no rehearsals.

Appendix F.—CASES HEARD BY JOINT ARBITRATION BOARD
OF PRODUCING MANAGERS’ ASSOCIATION AND ACTORS’
EQUITY ASSOCIATION DURING 1923
1. This was a company claim for one night’s salary lost on December 5, 1922,
due to a mixup in bookings.
The board ruled that the company should be paid, and recommended that
under the circumstances the Producing Managers’ Association should reimburse
the manager.
2. This was a claim for $23.05, one-eighth of a week’s salary, which had been
deducted from the actor’s salary. The actor stated that he began rehearsals on
September 25, and the company opened October 31, thereby exceeding the five
weeks’ rehearsal period, and that the deduction should not have been made.
The board ruled that the actor should be paid the amount of the claim.
3. A claim for one week’s salary, amounting to $500. The manager took
advantage of the Actors’ Equity Association concession regarding the week before
Christmas, and was afterwards unable to give the actor the two weeks’ consecu
tive employment that was a part of the lay-off concession, because the actor’s
contract with him terminated January 1, 1923.
The board was unable to agree, and the case was referred to the Arbitration
Society of America.
4. The board was asked to make a ruling regarding the payment of sleepers for
members of the chorus.
The board decided that for all jumps made before 5 o’clock in the morning
sleepers must be provided for the chorus by the management. For jumps after
that hour managers need not provide sleepers.
5. A claim for two weeks’ salary, amounting to $400, on the basis that the
actor had been rehearsed for 11 days and then dismissed.
The case was decided in favor of the actor, and the claim ordered paid.
6. An actor made claim for $75, representing three-eighths of a week’s salary.
The play had opened January 30, did not play the 31st, but gave one perform
ance each on February 1, 2, and 3. Payment had been made for four-eighths of
a week, the claimant stating that it should have been for seven-eighths.
The board ordered that the claim be paid and ruled that the award applied
also to other members of the company.
7. This claim is the same as No. 6, above, with the additional claim for $100
for extra rehearsal period.
The case was decided in the favor of the actor.
8. A claim on the same basis as No. 7, above, the total amount of claim being
$200.

The board awarded the claim to the actor.
9. The actor in the present case claimed that he was rehearsed over the 10-day
probationary period and was then dismissed. He asked two weeks’ salary, total
$500.
The board disagreed, referred the case to independent arbitration, when it was
decided in favor of the actor, with full award.
10. This was a company claim against a manager for two nights’ salary. The
first night, February 23, was lost through nonbooking, although, according to the
company, they arrived in Colorado Springs at 6.30 p.m., in plenty of time to have
played that night if the date had been booked. They laid off in Colorado Springs
and played it on Saturday. The company claimed that the manager intended to
do the same in reference to the canceling of Chico, Calif., on the trip to Eugene,
Oreg. As contract called for consecutive employment, claim was made for two
nights’ salary.
The company was awarded one night’s salary by the board.
11. An actress and actor were with the original production of a play which
closed for rewriting and recasting and then reopened. These two performers were
not reengaged and therefore claimed one week’s salary, as per contract.

COLLECTIVE BARGAINING BY ACTORS

The board could not agree, so the case was referred to independent arbitration.
12. This was a claim for two weeks' salary at $100 per week in lieu of notice
of dismissal. The manager claimed that the actor was intoxicated at a perform
ance and that he was therefore discharged, with return fare to New York.
The claim was dismissed.
13. This was a rehearing of case No. 11 above.
The board decided the case unanimously in favor of the manager.
14. In this claim the actor asked 13 weeks' salary, at $600 per week, on a runof-the-play contract, signed on February 7, 1922. He received seven weeks of
work on the contract, which called for 20 weeks before September 1, 1922, and
June 1, 1923.
It was unanimously decided that an attempt should be made to have the two
parties t‘o the claim “ get together " in conference with two members of the board.
This was done, and an amicable settlement was reached.
15. The actor presenting this claim was engaged at a weekly salary of $200.
After playing three performances the play was closed for rewriting but never
reopened. The actor claimed one and five-eighths of a week's salary, a total of
$325.
The award was made to the actor; amount, $325.
16. In this claim an actress asked payment of $260.50 for two weeks' salary,
baggage hauls, and material for a dress. She had been engaged for a production,
was sent to Chicago, and then dismissed on day of opening.
The board awarded the actress $50.
17. This was a company claim for salary during a week of lay off; also salary
for one night additional, it being charged that, after the actors were dressed and
ready to play, the management called off the program because of small attendance.
The board awarded the amount of the claim to the seven members of the
company who brought the claim.
18. This was a claim of a member of the chorus for two weeks' salary in lieu of
two wreeks' notice. Manager claimed that the performer was “ kidding " on the
stage and that she was dismissed for this cause.
The case was postponed in order to secure more evidence.
19. A claim based on a verbal agreement that the actor should receive extra
compensation when the company went on a tour. The amorunt claimed was $50.
The case was postponed.
20. This claim was made by an understudy in payment of Sunday night per
formances and one holiday matinee, the amount asked being $50.
The claim was settled privately by full payment of the claim.
21. A claim for two weeks' salary, total $300, on the basis that the performer
had been rehearsed beyond the probationary period and then dismissed.
The claim was settled privately by full payment of the amount asked.
22. The claimant was a chorus member who asked for two weeks' salary in
lieu of notice, plus one-half week's salary for time that had been played, a total
of $125. The question of an altercation with another chorus member was involved.
The claim was settled privately by payment.
23. The claimant had been engaged under a run-of-the-play contract, and
demanded salary for all weeks played by the company after her dismissal.
The board decided the case in favor of the claimant.
24. This was a claim for $2,700, three weeks’ salary for an actress at $750 per
week and a stage manager and actor at $150 weekly. The engagement was for four
weeks, but only one week had been paid for.
The board awarded $2,700 to the claimants.

Appendix G.—HEBREW ACTORS’ UNION
The Hebrew Actors’ Union includes all unionized Hebrew players
in the legitimate field, a total of 317. The 23 Jewish theaters in the
United States and Canada are supplied with actors from the mem
bership of this union. These playnouses are almost wholly stock
theaters, which employ permanent casts of actors but change plays
as often as seems advisable. The Hebrew Actors’ Union operates a
“ preferential union shop” 1—i. e., union members are given prefer
ence over nonunion, but when all the members of the union have
been employed nonunion actors may be engaged to fill out the casts.
In addition to the preferential union shop there is a closed union.
An initiation fee of $150, annual dues of $75, and the contribution
of one-half week’s salary to an old-age fund are the financial obli
gations of membership. Those wishing to join the union must act
>arts before the membership, and their admission depends upon a
avorable vote of the members present. This arrangement could, of
course, be an effective bar to increase in membership, but it is said
that new members number from 25 to 30 annually.
Members of the union must be paid a minimum wage of $60 weekly
for a guaranteed season of 36 weeks. Salary continues whether
the actor plays or not, except during the Jewish holiday period; and
since the system is mostly that of stock, not all members of the casts
are playing all the time. Nine performances constitute a week’s
work, and there is extra salary for extra performances. Two weeks
of free rehearsals are allowed before the opening of the season, the
rehearsal period being limited to four hours daily.

1 “ The principle of the preferential shop is thus applied: Whenever the employer needs additional work
ers, he shall first make application to the union, specifying the number and kind of workers needed. The
union shall be given a reasonable time to supply the specified help, and if it is unable or for any reason
fails to furnish the required persons, the employer shall be at liberty to supply them in the open market
as best he can.” (Waldo R. Browne, What’s What in the Labor Movement, p. 384. B. W. Huebsch
(Inc.), New York, 1921.)

Appendix H.—CONSTITUTION AND BY-LAWS OF ACTORS’
EQUITY ASSOCIATION (AS AMENDED IN 1916 AND 1918)
CONSTITUTION
A r tic le

The name of this association shall be Actors’ Equity Association. Its seal
shall be circular and bear the name of the association and the date of its
organization. Its principal office shall be located in the Borough of Manhattan,
city of New York. Its duration shall be 50 years.
A r tic le

II.— Members

S e c t io n 1. The membership shall comprise three classes, to wit, the regular
members, junior members, and lay members.1
S e c . 2. Persons who have been actors for at least two years are eligible to
election as regular members.
S e c . 3. Persons who have been actors for less than two years and who have
played at least one speaking part are eligible to election as junior members, said
junior members to hold no office, to cast no vote, nor to be present at either the
annual or any special meeting.
S e c . 4. Persons in sympathy with the objects of the association and having no
business associations antagonistic thereto are eligible to lay membership. The
limit of lay membership shall be 10, except that said number may be enlarged by
action of the council, ratified by the association.
S e c . 5. Members shall be elected by the council, shall abide by and be governed
bjr the constitution and by-laws of the association, and any rule, order, or law law
fully made or given by any lawful authority. The council shall have power to
censure, suspend, drop, expel, terminate the membership of, request the resigna
tion of, fine, or punish any member, and the offenses for which and the condition?
under which the council may so act shall be set forth in the by-laws or in rules
adopted by the council. Any person whose membership shall cease, or be in any
manner terminated, shall have no further right in the association or its property.
A r tic le

III.—Government

S e c t io n 1. The general management, direction, and control of the'affairs, funds,
and property of the association, and the determination of the relations and obli
gations of members to the association, and of the association to its members,
except as they are controlled by the constitution and the by-laws, shall be vested in
its council, which shall consist of 21 members2 and the officers hereinafter named
in this article.
S e c . 2. Officers and members of the council shall be elected at the annual
meeting of the association by the members thereof. Officers shall hold office
until the next annual meeting or until their successors are chosen and qualify.
S e c . 3. The officers of the association shall consist of a president, vice president,
corresponding secretary, recording secretary, and treasurer.
S e c . 4. Both secretaryships may be held by one person, who may also be
treasurer.
S ec . 5. Members of the council shall be divided into three classes of 12 each,2
each class holding office for three years, except as provided in the by-iaws.
S ec . 6. Each member in good standing and not in arrears for dues or other
moneys owing to the association shall be entitled to cast one vote for each officer
and member of the council voted on, and a majority of votes so cast shall be
iLay members are no longer admitted to the ranks of the association.
2At present the council consists of 48 members, 16 being elected each year for a term of three years

APPENDIX H

necessary for a choice. Provision shall be made in the by-laws so that absent
members within the United States shall have notice of nominations and oppor
tunity of voting for candidates without being present in person.
S ec . 7. The council shall have power to delegate all or
management and control of the affairs, funds, and property
an executive committee elected from itself and composed
members, and which shall hold office and have the powers
upon it by the council.

any of its powers of
of the association to
of not less than five
and duties conferred

S e c . 8. At least 20 days before the annual meeting a nominating committee,
appointed by the council, shall make nominations for officers and members of the
council. At least two-thirds of said committee shall be chosen from members
outside of the council. Other nominations may be made in writing and delivered
to the secretary at least 20 days before the annual meeting by 15 members.
Members may vote for any person, though not nominated. Members within the
United States shall receive written notice of all nominations made by the nom
inating committee or filed with the secretary.
A r t ic l e

IV.— Annual meeting

1. The annual meeting of the association shall be held on the last Mon
day in May at the principal office of the association in the Borough of Manhat
tan, at 12 o'clock, noon. Notice of the time and place thereof, together with
nominations for office, shall be sent to each member of the association by the cor
responding secretary at least two weeks prior to such meeting.
S e c . 2. At all meetings of the association at which elections are held the pre
siding officer shall appoint three members present in person to act as a proxy com
mittee and as inspectors and tellers for the meeting, whose duties it shall be to
canvass the votes cast at such meeting.
S e c t io n

S ec . 3. Special meetings shall be called by the corresponding secretary at the
written request of 7 members of the council or 20 members of the association,
and like notice as above shall be given.
A r t ic l e

V.— By-laws

1. Matters not covered by this constitution or which are or may be
supplementary thereto, and which shall be contained in the by-laws, shall have
equal force and effect with this constitution. The council shall have power to
repeal or amend said by-laws. It shall have power to make rules supplementing
this constitution and the by-laws, and regarding all matters not covered by them.
Each provision of this constitution and the by-laws of this association, and any
and all amendments to each or either, and any and all lawful rules or orders
made by the council or any committee, or any member thereof, or any officer of
the association, shall be binding upon each member from the time when it is
lawfully made or given, regardless of any rights which any member may have
acquired by reason of the law^ rules, or orders in force prior to such amendment.
S e c t io n

A r t ic l e

VI.— Notices

S e c t io n 1. Each member of the association shall furnish to the secretary an
address to which all notices may be sent. If no such address is so furnished,
the office of the association in Manhattan Borough shall be deemed to be the
address. Service of all notices shall be made either by delivering the same person
ally to the members or by mailing the same inclosed in a postpaid wrapper, to the
member at the address so given by him; or if he has not furnished such address,
by posting the same in a conspicuous place in the principal office of the association.
A r t ic l e

VII.— Dissolution

S e c t io n 1. By resolution adopted by the council, and ratified by a two-thirds
vote of members present at a special meeting called for the purpose, this associ
ation may be dissolved. Upon dissolution the council shall have full power to
dispose of the property of the association and over the division thereof.
A r t ic l e

V III.— Amendments

S e c t io n 1. T h is constitution m a y be am ended on ly b y a vote of a m ajo rity
of all of the m em bers present at any regular m eeting or a t an y special m eeting
called for th a t purpose.

COLLECTIVE BARGAINING BY ACTORS

S ec . 2. N o proposition to amend the constitution shall be acted upon at any
meeting of the association unless it shall have been presented in writing to the
corresponding secretary either by the council or at least 15 of its members, and
notice embodying the purport of the proposed amendment shall have been sent
to each member in the call for such meeting, which notice shall be sent at least
30 days prior to the date of the proposed meeting.
S e c . 3. It shall be the duty of the corresponding secretary to inform the coun

cil of such proposed amendment, and the council shall thereupon give due con
sideration thereto and report its opinion as to such amendment to the associa
tion at the meeting at which action is to be taken thereon.
BY-LAWS

A r t ic l e

I.— Meetings

S e c t io n 1 At all meetings of the association at least 100 members in good
standing must be present to constitute a quorum.
S e c . 2. If no quorum sh6uld be present, the presiding officer shall adjourn the
meeting to a date or hour fixed by him, not later than 15 days distant. Any
meeting held upon the adjourned date shall have the same effect as if held on the
date originally set.

S e c . 3. Seven members present in person shall constitute a quorum of the
council.
S e c . 4. A majority of the members, present in person, shall constitute a quorum
of any committee.
S e c . 5. Members absent from the city of New York on the date of the annual
meeting may vote at the annual election of officers and for members of the
council by delivering to the corresponding secretary of the association on or be
fore the date of said election, by mail, a written or printed ballot setting forth
the office and the name of the candidate voted for, signed personally by the
member voting. Said ballot, if received before the counting of ballots is finished,
shall be counted.
A r t ic l e II.— Council
S e c t io n 1. The council for the first year shall, exclusive of officers, be composed
of the following members:
Charles D. Coburn, William Courtleigh, Edward Connelly, Arthur Byron,
Edward Ellis, William Sampson, Thomas A. Wise;
Albert Bruning, John Cope, Jefferson De Angelis, Wilton Lackaye, Frank
Reicher, Grant Stewart, John Westley;
Edwin Arden, George Arliss, Digby Bell, Holbrook Blinn, Robert Edeson, Frank
Gillmore, George Nash.
The first seven names shall constitute class A, who shall hold office until the
annual meeting in May, 1914. The second seven tames shall constitute class B,
who shall hold office until the annual meeting in 1915. The third seven names
shall constitute class C, who shall hold office until the annual meeting in 1916.
All members of the council, except officers, hereafter elected shall hold office for
three years. At the annual meeting in 1914 seven members shall be elected to
take the place of those comprising class A, and at the annual meeting in 1915
seven members shall be elected to take the place of those comprising class B,
and thereafter at each annual meeting seven members shall be elected to take
the place of the outgoing class.
S e c . 2. Meetings of the council shall be held at such time and place and upon
such notice as council may decide. Special meetings may be called at any time
upon two or more days' notice by the president or by the executive committee.
If the president and the executive committee concur, meetings may be held upon
any notice which gives members in New York sufficient time to attend.
S e c . 3. The council shall act only as the board, and individual members shall
have no power as such. The act of a majority present at a meeting at which a
quorum is present shall be the act of the council.
S e c . 4. N o indebtedness shall be incurred except by the council or its

authorization.
S e c . 5. Members

of the council, including officers, may be removed for cause
appearing sufficient to the council after charges have been preferred in writing
and a hearing, of which at least seven days' notice shall be given. In case of

APPENDIX H

officers the order of removal shall not become effective until ratified by the asso
ciation at a special meeting, at which the members removed may appear and be
heard.
S e c . 6. Members of committees may be removed at any time by the council.
S ec . 7. The council shall confirm all committee appointments made by the

president.
S ec . 8. The council shall determine upon such committees in addition to those
provided by the by-laws as it may deem proper and shall decide upon the num
ber of members thereof and their powers.
S e c . 9. Matters not covered by the constitution or by-laws shall be in the dis
cretion of the council, and it shall have power to adopt such rules supplementing
said constitution and by-laws, or covering new matter not contained therein, as
it may deem proper, and such rules shall have equal force and effect with the con
stitution and by-laws. The council may repeal or amend its rules.
S ec . 10. In event of any vacancy occurring in the council or in any of the of

fices or in any committee, the council shall have power to fill the vacancies, and
the members so chosen shall act for such length of time as the council may desig
nate, not later than the next annual meeting.
S e c . 11. The council may from time to time appoint such assistants to the offi
cers and such agents and employees of the association as it may deem proper
and may vest such persons with authority binding upon the association and its
members. All such persons shall hold office during the pleasure of the council
and shall be subject to removal with or without cause.
S ec . 12. The council may, from time to time, prescribe duties additional to
those set forth in the constitution and by-laws, to any officer, committee, or mem
ber of the association.
A r t ic l e III.— Officers

S e c t io n . 1 The following shall be the officers to act until the annual meeting
in 1914, and until their successors are chosen and qualify:
President, Francis Wilson,
Vice President, Henry Miller,
Treasurer, Richard A. Purdy,
Corresponding secretary, Bruce McRae,
Recording secretary, Howard Kyle.
S e c . 2. The president shall be the first executive officer of the association and
shall have general supervision of its business, affairs, and property. He shall pre
side at all meetings of the association and of the council and shall perform such
duties as from time to time the council shall determine.
Se c . 3. The vice president shall have such powers and perform such duties as
the council may from time to time determine. In case of the absence or inabil
ity of the president to act, the vice president shall discharge the duties of the
president.
S e c . 4. The treasurer shall have charge of the funds, securities, receipts, and
disbursements of the association. He shall deposit all moneys to the credit of
the association in such banks or trust companies as the council may designate
and shall disburse the same by such means and in such manner as the council
shall direct. He shall take proper vouchers for moneys disbursed and render
such statements of account and keep such books as the council may direct. The
council shall determine what bond, if any, shall be given by him. The treasurer
shall pay no bills unless they are properly certified as directed by the council.
S ec . 5. The recording secretary shall record and keep the minutes of meetings
of members and of the council. The corresponding secretary shall safely keep
the books, papers, and other records of the association, and attend to all associa
tion correspondence, and shall perform such other duties as may be directed by
the council. He shall be the custodian of the official seal of the association.
Se c . 6. Officers and committeemen pro tempore, to act during the absence of
any officer or committeeman from the city of New York, may be appointed by
the council, and it may delegate this power to the executive committee.
A r t ic l e

IV.— Contracts and agreements

S e c t io n 1. N o agreement, contract, or obligation involving the payment of
money or the credit or liability of the association shall be made unless the same
be authorized and directed by resolution of the council and duly entered in the
minutes thereof.

COLLECTIVE BARGAINING BY ACTOBS
A r t ic l e V .—

Suspension, expulsion, etc.

S e c t io n 1. Any member who shall be in anywise indebted to the association,
or who shall cease to be an actor, or who shall, in the opinion of the council, have
a business association, or engage in any business which might place him in an
tagonism to the objects of the association, or any member who shall be guilty of
any act, omission, or conduct which is prejudicial to the welfare of the association,
or which, in the opinion of the council, is prejudicial to its welfare, interests, or
character, or any member who shall fail to observe any of the requirements of
the constitution, by-laws, or any lawful rule or order of the council, or any com
mittee, or any officer of the association, may, in the discretion of the council, be
either censured, suspended, expelled from membership, or such membership may
be otherwise terminated, or his resignation may be requested, or he may be fined,
or otherwise punished.
S e c . 2. In such cases the council shall act only upon charges preferred in
writing and after a hearing, at which the accused may be present and of which
he shall have at least five days’ notice.
S e c . 3. From any resolution of the council which fines, suspends, expels, or
otherwise terminates the membership of any member, said member may appeal
to the association. Said appeal shall be heard at the next meeting of the associa
tion after said resolution is adopted by the council. The accused member may
appear at said meeting and be heard. Of said meeting he shall have at least
10 days’ notice. The association may, in its discretion, refer the matter to a
committee appointed at said meeting, which said committee shall be prepared to
report within three calendar months and whose said report shall be received and
acted upon by the association at the next meeting thereof. No member may
take any action to review the action of the council until after an appeal to the
association is taken and decided. Pending an appeal the accused member shall
have none of the privileges of membership.
A jiticle

VI.— Membership

S e c t io n 1. Each application for membership must be accompanied by the
yearly dues of $5 before such application can be acted upon by the council. Appli
cants may become life members by the payment of $50. * Two negative votes
shall exclude an applicant.
S e c . 2. Members in good standing may resign. In the event of the termina
tion of any membership by resignation, expulsion, or any other cause the rights
of the member in and to any property or assets of the association shall cease.
S e c . 3. All members shall sign the articles of the association, either in person
or by agent, proxy, or attorney, as the council may by resolution provide.
S e c . 4. New members paying dues before July 31 shall be given white cards of
membership and be in good standing until the following May 1. New members
paying dues on or after July 31 shall be given blue cards and be in good standing
until November 1 of the following year. Members holding white cards of mem
bership shall pay annual dues within 30 days after May 1. Members holding
blue cards of membership shall pay annual dues within 30 days after the November
1 designated, thereon.
S e c . 5. Members who shall fail to make payment within 30 days, as provided
in section 4 of this article, shall be notified of such failure by notice mailed to the
delinquent member at the address referred to in article 6 of the constitution. If,
within 15 days after said notice is mailed, the dues referred to therein shall remain
unpaid, the council shall have power in its discretion to take such action as it
may deem proper. It may extend the time of payment or censure, suspend, or
expel the delinquent member. In case of censure or suspension, notice need not
be given as required in section 2 of Article V of the by-laws. But before expul
sion for the above reason the council shall cause written notice of its intended
action to be mailed to the member at the address referred to in article 6 of the
constitution at least 10 days before such action is definitely taken. In such case,
if the delinquent member shall remit the dues which have been unpaid, the coun
cil may take such action regarding the expulsion of said member as it may con
sider just and proper. Except as herein stated, no further notice need be given
the delinquent member.

APPENDIX H
A r tic le

VII.— Committees

S e c t io n 1. The principal committees of the association shall be the executive,
arbitration, membership, entertainment, legislative, and legal committees. All
matters relative to said committees shall be determined by the council, and it
may authorize each of said committees to adopt its own rules of procedure.
A r tic le

V III.— Order of business

1. The order of business at the annual meeting shall be:
Reading and correction of minutes.
Report of officers.
Report of committees.
Elections.
Such other matters as the association may choose to consider.

S e c t io n

1.
2.
3.
4.
5.

A r tic le

IX .—Amendments

S e c t io n 1. The council may amend these by-laws by a two-thirds vote.
All
amendments shall be submitted in writing at least 30 days prior to their being
acted upon. Rules affecting members and changes in the by-laws shall be printed,
and members shall receive notice thereof with or prior to the notice of the an
nual meeting. Amendments to the by-laws adopted by the council shall remain
in full force until and unless revised by the association. Said revision may take
place by a two-thirds vote of the members of the association present.
A r tic le

X .— Rules of order

S e c tio n 1. The rules of order shall be governed by the latest edition of Cush
ing's Manual of Parliamentary Law.
In witness whereof we have signed these articles of association on the day and
year set opposite our respective names.
69702°—26f------ 7

Appendix I —BASIC AGREEMENT BETWEEN MANAGERS'
PROTECTIVE ASSOCIATION (INC.) AND CHORUS EQUITY
ASSOCIATION, 1924
An agreement made as of this 12th day of May, 1924, between the Managers’
Protective Association (Inc.), an association incorporated under the laws of
the State of New York, hereinafter called “ Protective Association,” by and on
behalf of itself and all its present and future individual members and producing
corporations, copartnerships, associations, individuals, and concerns, of whatever
character, which said individual members or any of them control, manage, or
direct, hereinafter termed the “ producers,” parties of the first part, and Chorus
Equity Association, an unincorporated association existing under the laws of the
State of New York, hereinafter termed the “ Chorus Association,” by and on behalf
of itself and all its present and future individual members, hereinafter termed
“ Chorus Equity Members, ” parties of the second part, witnesseth:
First. For the considerations named in a certain contract between the Man
agers' Protective Association (Inc.), and Actors' Equity Association, made the
12th day of May, 1924, and for the consideration of $1, lawful money of the United
States, paid by each of the parties hereto to the other, the receipt of which is here
by acknowledged, and the mutual promises herein contained, the parties hereto
hereby enter into an agreement which adopts and embodies herein the hereinafter
referred to paragraphs and clauses thereof in the said agreement of May 12, 1924,
between the Managers' Protective Association (Inc.) and the Actors' Equity
Association.
Second. This agreement when signed shall have the same force and effect as
though all such paragraphs and clauses thereof in said agreement were set forth
herein in full, but it is also agreed that this agreement shall be rewritten with all
the said paragraphs and clauses written out in full, with only such changes nec
essary to apply to this agreement with the Chorus Equity Association, and shall
then be reexecuted as of the date this instrument is signed, with the same force
and effect as of such date.
Third. The parties hereto hereby embody in this agreement as though set
forth in full all the language contained in pages 1, 2, and 3 of the said agreement
between the Managers’ Protective Association (Inc.) and the Actors' Equity Asso
ciation, except that wherever the words “ Actors’ Equity Association,” or “ Equity
Association” or “ Equity Members ” are used, there shall be deemed to be sub
stituted “ Chorus Equity Association,” or “ Chorus Association,” or “ Chorus
Members,” and wherever applicable throughout this entire agreement in reference
to the said agreement between the Managers’ Protective Association (Inc.) and
the Actors’ Equity Association, so that this agreement shall be between the
parties hereto, the names “ Chorus Equity Association,” “ Chorus Association,”
and “ Chorus Members,” shall be deemed substituted.
Fourth. The following paragraphs in said agreement between the Managers'
Protective Association (Inc.) and the Actors' Equity Association are hereby
agreed to and made a part hereof as though set forth in full: 'Third, fifth, eighth,
ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, sixteenth, seventeenth,
eighteenth, nineteenth, twentieth, twenty-first, twenty-second, twenty-third,
twenty-fourth, twenty-fifth, twenty-sixth, twenty-seventh, twenty-ninth, thir
tieth, thirty-first, thirty-third and thirty-fourth.
Fifth. The following language is hereby substituted for the paragraph second
of the agreement between the Managers’ Protective Association (Inc.) and the
Actors’ Equity Association: Subject to the exceptions herein contained, wherever
the term “ actor ” is used herein it shall apply to any and all males and/or females
working in choruses and/or in ensembles and so performing in any theatrical
troupe or company of performers.
Sixth. Paragraph sixth of said agreement is hereby embodied herein as though
set forth in full except that the standard form referred to and which is hereto an
nexed shall be termed “ Chorus Equity minimum contract, standard form,”
marked “ B,” and by this reference made a part hereof.

APPENDIX I

Seventh. The seventh paragraph of said agreement between the Managers'
Protective Association (Inc.) and the Actors' Equity Association is hereby
adopted with the exception of one paragraph of said resolution referred to, so
that said seventh paragraph with said elimination and with changes made necessary
to apply to the Chorus Equity Association shall read as changed, as follows:
“ It is resolvedy That no member of this association shall after June 1, 1924,
play in any company or any performance produced by any member of the Man
agers' Protective Association (Inc.) unless at least 80 per cent of the chorus who
are members of said company and/or appear in said performance are fully paidup members of Chorus Equity Association in good standing and unless each of
the remaining persons who are members of said chorus and/or appear in said per
formance, namely, not more than 20 per cent (none of whom may be a suspended
or delinquent member of Chorus Equity Association or a person who has been ex
pelled or dropped therefrom), shall on or before the first rehearsal of said company
have paid in cash to this association a sum or sums equal to what such person would
have had to pay this association as the usual and regular initiation fee and dues
if such nonmember had at the time of his or her first rehearsal in said company
duly applied for and been admitted to membership in this association, and unless
such nonmember shall continue so to make thereafter to this association payments
in the same amounts as if he or she should have continued thereafter to be a member
of this association in good standing; and such payments to this association shall,
unless this association otherwise consents, be made by this nonmember directly
and not by or through any producer or other person, firm, or corporation; and
it is
“ Further resolved, That no member of this association shall work or continue to
work for any employer, manager, or producer who or which, directly or indirectly,
alone or in combination with others, produces or continues to produce any play or
make any production in which there are less than 80 per cent, as herein defined,
of chorus members, and also unless all nonmembers in such play or production
have made and continue to make to this association the payments hereinbefore
specified; and it is
“ Further resolved, That in computing and defining said 80 per cent of chorus
the following schedule and scale shall apply, namely: In companies consist
ing of less than 5 chorus, no nonmembers; of from 5 to 9 chorus, not
more than 1 nonmember; of from 10 to 14 chorus, not more than 2 nonmembers;
of from 15 to 19 chorus, not more than 3 nonmembers; and a like proportion
computed on a similar basis for larger companies; and it is
“ Further resolved, That any and all contracts of employment entered into by
any members of this association with any member of Managers' Protective
Association (Inc.) shall contain appropriate provisions which will in all respects
carry out the foregoing resolutions and enable said chorus member to obey and
carry out said resolution."
Eighth. The Chorus Equity Association agrees to accept the application of
and to admit to membership any person of good character and of sufficient age
to legally be allowed to be a member of a chorus or ensemble (except persons
who have been duly dropped or expelled) upon payment of the regular initiation
fee prescribed for such intended member and the usual and then current dues,
which initiation fee shall, during the time hereof, be $5.
Ninth. The term of this agreement shall be 10 years from June 1, 1924, ex
cepting as to paragraphs seventeenth, eighteenth, and nineteenth of the said agree
ment between the Managers' Protective Association (Inc.) and the Actors' Equity
Association and also as to paragraph eighth of this agreement, as to which para
graphs the term shall be 25 years.
Tenth. The provisions herein shall not apply to that class of performers
known as principals, on whose behalf a separate and distinct agreement has been
executed contemporaneously herewith between the Managers' Protective Associa
tion (Inc.) and the Actors' Equity Association; principals in any company or
performance are not hereafter in any computation to be considered or counted
as members of any chorus or ensemble, computation hereunder to be based upon
the number of persons in the chorus and/or ensemble.
Eleventh. Anything to the contrary in this agreement notwithstanding, the
Protective Association agrees that, should the Actors' Equity Association or its
members be, under the agreements entered into between the Protective Associa
tion and the Actors' Equity Association and its members, free to strike, then as
against the producer or producers affected, the Chorus Equity Association and
its members shall also be free to strike.

COLLECTIVE BARGAINING BY ACTORS

Twelfth. Anything to the contrary in this agreement notwithstanding, it is
agreed that not oftener than once every two years from the date hereof, during
the duration of this agreement, the parties hereto shall, upon 30 days' notice in
writing by either party to the other, meet for the purpose of modifying the min
imum wage and working conditions in the minimum two weeks’ contract. In
the event the parties can not agree the questions involved shall be decided by
arbitration in the manner provided for herein and the decision or award shall
then be incorporated in this agreement.
In witness whereof each of the parties hereto has caused this instrument to be
signed by their respective presidents, attested by their respective executive sec
retaries, and have caused their respective seals to be hereunto affixed as of the
day and year first above written.
T h e M a n a g e r s ’ P r o t e c t i v e A s s o c ia t io n
A r t h u r H a m m e r s te in , President.

Attest i
L.

L aw ren ce

W eber,

Secretary.

C h o r u s E q u it y
John E m erson ,

Attest:
D o ro th y

B ry a n t,

A s s o c ia t io n .

President.

Executive Secretary.

(inc.)*

Appendix J.—CHORUS EQUITY MINIMUM CONTRACT
(STANDARD FORM), 1924
Agreement made this------------------ day of__________________ 192__, between
____________________ (hereinafter called “ manager ” ) and_______ _____________
(hereinafter called “ chorus ” ).
The regulations on the other side hereto are a part hereof, as though printed
herein at length. To insure in this contract a sufficient degree of flexibility to
meet the contingencies and necessities of theater production as the same may
arise, separately printed “ Rules governing Chorus Equity minimum contract,
standard form, ” are also made a part hereof as though printed herein at length.
1. Agreement of employment.—The manager engages the chorus to render serv
ices in-------------------------------------------------- , and the chorus hereby accepts such
(Here insert present title of play)

engagement upon the terms herein set forth.
2. Opening date.—The date of the first public performance shall be the_____
day o f ______________ , 19___, or not later than 14 days thereafter.
Employment hereunder shall begin on the date of beginning of rehearsals and
shall continue until terminated by notice given as herein provided and not
otherwise.
3. Compensation.— The manager agrees to pay the chorus the sum of_______
- ___________dollars ($______ ) each week, in New York City, and____________
------------dollars ($---------) each week outside of New York City, on Saturday
e thereof, from and after the date named in paragraph 2 and until this agreement
is duly terminated. The minimum salary of this contract shall be the sum of $30
weekly in New York City; outside of New York City the minimum salary shall
be the sum of $35, unless the production shall be designated by the Chorus Equity
Association of America as a No. 2 attraction, in which case the road salary shall
be $30.
Regulations on reverse side.—Regulations covering rehearsals, notice of termina
tion before and during rehearsals, lost rehearsals, individual termination, closing of
a play and season, clothes, number of performances, lost performances, transporta
tion, lay off, method of giving notice, and other matters are set forth in the “ Regu
lations ” on the reverse side of this page and in “ Rules governing Chorus Equity
minimum contract, standard form, ” and as hereinbefore provided are a part
hereof.
4. Duties of chorus.—The chorus agrees to be prompt at rehearsals, to pay
strict regard to make-up and dress, to perform his services in a competent and
painstaking manner, to abide by all reasonable rules and regulations of the mana
ger, and, except as otherwise herein provided, to render services exclusively to the
manager from the date of beginning of rehearsals, and shall not render services
to any other person, firm, or corporation without the consent of the manager.
5. (a) The chorus’s employment hereunder is conditional upon the membership
of the companies of the manager being in accordance with the Chorus Equity
Association rules, set forth in the agreement between the Chorus Equity Associa
tion and the Managers’ Protective Association, dated May 12,1924, and the chorus
shall not be required to work hereunder in violation if any such company fail to
be in accordance with any such rules, or should the manager fail to comply with
any of the provisions of paragraph 7 of said agreement or paragraph 8 of the
Managers’ Protective Association-Aetors’ Equity Association basic agreement,
dated May 12, 1924, as modified and incorporated into said Chorus Equity
Association-Managers’ Protective Association basic agreement; the chorus shall
at his option, provided the Chorus Equity Association consents, be released from
this agreement and the manager agrees to pay to him and he may recover from
the manager all sums due to date of said release, plus his return fare, as provided
in the transportation clause, plus, as liquidated damages, a sum equal to two
weeks’ salary. Any claim under this paragraph must be made by the chorus
through and with the consent of the Chorus Equity Association, and any dispute
regarding the same shall be arbitrated under the provision of this agreement.

COLLECTIVE BARGAINING BY ACTORS

(6)
This agreement is dependent upon and subject to all the terms and condi
tions of said agreement with Managers’ Protective Association, dated May 12, 1924.
6.
Arbitration.— In event that any dispute shall arise between the parties as to
any matter or thing covered by this agreement, or as to the meaning of any part
thereof, then said dispute or claim shall be arbitrated. The manager shall choose
one arbitrator and the Chorus Equity Association the second. ______________
_____ shall be the third. These three shall constitute the board, and the decision
of a majority of the arbitrators shall be the decision of all and shall be binding
upon both parties, and shall be final. The board shall hear the parties and within
7 days shall decide the dispute or claim. The board shall determine by whom
and in what proportion the cost of arbitration shall be paid, and the parties here
by constitute said board their agents and agree that its decision shall constitute
an agreement between them, having the same binding force as if agreed to by the
parties themselves. Further, that they and each of them will, if required, sign
such individual arbitration agreement as to make said arbitration comply with a
legal arbitration under the laws of the State of New York and the rules of the
supreme court thereof and that judgment upon the award may be entered in the
Supreme Court of the State of New York. The oath of the members of the board
arbitration shall not be necessary unless specifically requested by one of the of
parties.
In witness whereof we have signed this agreement on the day and year first
above written.
--------------------, Manager.
-------------------- , Chorus.
REGULATIONS
(To be printed on Chorus Equity minimum contract, standard form)

A. Rehearsals.— (1) The chorus, if required, shall give four weeks' rehearsal with
out pay; if further rehearsals are required, then for each additional week or part
thereof the manager shall pay the chorus half salary for the next two weeks and
full salary thereafter. All payments for rehearsals beyond the four weeks shall
be made on or before the Saturday of each week.
(2)
It is agreed that rehearsals shall be continuous from the date of the first
rehearsal to the date of the first public performance of the play, as stated in
paragraph 2 on the face hereof.
B. Notice of termination before rehearsal.—This contract may, before the begin
ning of rehearsals, be terminated as follows:
(1)
If the contract be signed and entered into prior to two months before the
specific date mentioned in paragraph 2 on the face hereof, by the manager's giv
ing to the chorus written notice and paying him two weeks' salary.
If, however, previously to giving such written notice, the manager shall have
given to the chorus written notice that the play will not be produced or that the
chorus will not be called for rehearsals, and the chorus thereafter secures a new
engagement under which payments to him are to begin not later than the date
specified in paragraph 2 on the face hereof, then and in that event, instead of
said two weeks' salary, the only sum, if any, which the manager need pay the
chorus, shall be the amount, if any, by which said two weeks' salary exceeds two
weeks' salary to the chorus under said new engagement.
C. Notice of termination during rehearsal.—This contract may, during rehearsals,
be terminated as follows:
(1) At any time during the first 10 days’ rehearsal of the chorus, by either
party, by giving written notice, if this contract be signed and entered into with
in two months of the specific date mentioned in paragraph 2 on the face here
of, except in case the chorus be reengaged by the manager for a chorus in which
he has previously worked, in which event he shall be paid two weeks' compen
sation; or
(2) Any time after the first 10 days' rehearsals of the chorus by the manager
paying the chorus immediately a sum equal to two weeks' compensation; or
(3) If this contract be signed and entered into prior to two months of the date
mentioned in paragraph 2, by the manager giving written notice to the chorus
and paying two weeks' compensation.
(4) If the contract be signed and entered into within two months of the spe
cific date mentioned in paragraph 2 on the face hereof and the play is not placed
in rehearsal or is abandoned, the manager shall pay the chorus a sum equal to
one week’s salary.

APPENDIX J

D. Individual termination after opening.—Either party may terminate this con
tract at any time on or after the date of the first public performance of the play
by giving the other party two weeks’ written notice.
E. Termination by closing of play and season.—If the play runs four weeks or
less, the manager may close the play and company without notice and termi
nate the right of the chorus to further compensation, provided he has paid the
chorus for all services rendered to date, and in no event less than two weeks*
compensation.
(2) If the play shall run more than four weeks, the manager shall give one
week’s notice of the closing of the season of the play and company, or pay one
week’s compensation in lieu thereof.
F. Clothes.—All hats, costumes, wigs, shoes, tights, and stockings shall be fur
nished the chorus by the manager.
G. Notices.—All communications which refer to the company in general shall
be posted upon the call board. Notice to the manager must be given to him
personally or to his company or stage manager.
H. Number of performances.— (1) Eight performances shall constitute a week’s
work.
(2) A week's compensation shall be paid even if a less number than eight per
formances are given, except as herein otherwise provided in paragraph J.
(3) A sum equal to one-eighth of the weekly compensation shall be paid for
each performance over eight m each week. (This also applies to understudies.)
(4) It is assumed that Sunday rehearsals and performances will take place
only where it is lawful, and the chorus shall not be required to perform in the play
and part above named on Sunday in any theater except those where Sunday
performances were customarily given on May 1, 1924.
I. Lost performances.—The chorus shall travel with the company by such routes
as the manager may direct, and the chorus shall not demand compensation for
any performance lost through unavoidable delay in travel which prevents the
giving of performances by the company.
J. It is further agreed if the company can not perform because of fire, accident,
strikes, riot, act of God, the public enemy, or for any other cause of the same
general class which could not be reasonably anticipated or prevented, or if the
chorus can not perform on account of illness or any other valid reason, then the
chorus shall not be entitled to any salary (except as otherwise herein specified)
for the time during which said services shall not for such reason or reasons be
rendered. Should any of the foregoing conditions continue for a period of 10 days
or more the manager may terminate the contract by paying in cash for all serv
ices and transportation of the chorus back to New York City, including sleeper.
K. Lost rehearsals.— If the manager is prevented from giving rehearsals because
of fire, accident, riot, strikes, illness of star or prominent member of the cast, act
of God, public enemy, or any other cause of the same general class which could
not reasonably be anticipated or prevented, then the time so lost shall not be
counted as part of the four weeks’ rehearsal period herein provided. After the
fourth week of rehearsal, including any lay-off period on the above account, the
manager will pay half salaries for two weeks, at the end of which time the chorus
shall be free, unless the manager wishes to continue the services of the chorus
and pays him full salary therefor.
L. Transportation.—The manager agrees to pay for transportation of the chorus
when required to travel, including transportation from New York City to the
opening point and back to New York City from the closing point, including
sleepers. The manager has the right to put two in a lower berth and only one
in an upper berth. The manager also agrees to pay the cost of transportation of
the chorus’s personal baggage up to 200 pounds weight. Sleepers must be sup
plied for the chorus for all travel begun before 5 o’clock in the morning.
M. (1) If individual notice of termination is given by the manager, he agrees
to pay the chorus in cash the amount of the cost of transportation and sleeper
of the chorus and his baggage back to New York City, whether the chorus
returns immediately or not.
(2) If this contract is canceled by the chorus, he agrees to pay his own rail
road fare back to New York City.
(3) If the company is organized outside of New York City, the name of such
place is herein agreed to be substituted for New York City in paragraphs L,
M -l, and M-2, and elsewhere.
N. The manager shall not be responsible for any loss occurring to the personal
baggage of the chorus, whose duty it is, if he desires to protect himself against
loss, to insure the same.

100

COLLECTIVE BARGAINING BY ACTORS

0 . Strikes, within the meaning of paragraph J hereof, is construed to mean
any strike of any name or nature which shall prevent the manager from giving
performances in the usual course of his business in any of his theater or theaters.
RULES GOVERNING CHORUS EQUITY MINIMUM
(STANDARD FORM)

CONTRACTS

( To be printed on Chorus Equity minimum contracts, standard form)

1. A list or lists of all members of the chorus of the play, stating the full names
and salaries of each member, shall be filed by the manager with the Chorus
Equity Association not later than the termination of the first week of performance.
If the manager prefers, triplicate copies of all chorus contracts may be so filed
instead.
2. Rehearsals begin on the day for which the individual chorus is called,
whether he works or not, next following the second day of try out. If after the
second day of try out the chorus is required or permitted to work, he shall be
deemed to have been called for a rehearsal.
Try outs may, if necessary, be on two separate days, one day for voice and
one day for dancing and for general qualifications. If said two days of try out
are not consecutive, the chorus shall not be required to report for any purpose on
the intervening days between such try outs. If the chorus is called for any
day, or works on any day, after the second try-out day, the probation period of
10 days starts on that day.
3. In case of company rehearsals being held before opening at a place differ
ent from that of organization, the manager shall pay the chorus his reasonable
living expenses during said rehearsal, except that the manager shall be allowed
two days of free rehearsal in cities within 1,000 miles of New York City and one
additional day free for each additional 1,000 miles or fraction thereof.
4. If the chorus shall absent himself from rehearsals for seven days or more
by reason of illness, the manager may cancel this contract without payment for
service to date. The association may, in its discretion, upon appeal by the
manager, reduce this period.
5. Contracts between manager and chorus shall be deemed to be entered into
between the said parties no later than the date of the first rehearsal, and written
contracts must be given and signed before the end of the 10-day probationary
period for rehearsals. If such written agreement is not offered to the chorus,
fully made out and ready for signatures, on or before the tenth day of rehearsal,
the chorus, at his option, may terminate the employment, in which event the
manager shall pay to the chorus a sum equal to one week's minimum compen
sation.
If such contract has not been so offered within said 10-day period (and if the
chorus has not then terminated the employment) and such contract is not offered
at the end of the twentieth day of rehearsal, the chorus, at his option, may
terminate the employment, in which event the manajger shall pay him a sum
equal to two weeks' minimum compensation.
6. If after joining a company, which has opened and is on tour, a chorus is
dismissed at rehearsals within the 10-day probationary period (provided the 10day probationary period has not already been deleted from his contract) the
manager shall pay to the chorus his transportation and sleeper both ways and
for each day of rehearsal a sum equal to one-seventh of the weekly salary agreed
upon, said rehearsals to be deemed continuous and to begin not later than the
day after the chorus's arrival. In case the chorus is dismissed after the 10-day
probationary period the manager shall pay the chorus two weeks' salary and
his transportation and sleeper both ways.
7. If the full rehearsal period to which the manager is entitled be not used by
him before the date of opening, he may employ the balance thereof immediately
before the New York opening, provided the said New York opening takes place
within six weeks of the original opening of the play.
8. All performances for which admission is charged (except bona fide benefits)
are to be counted and considered as performances under the Chorus Equity
minimum contract.
9. If the employment under any contract relates to the second or subsequent
season of any play, then the period of free rehearsals is three weeks instead of
four, but this provision shall not obtain if 50 per cent or more of the cast were
not members of the production the preceding year.

APPENDIX J

101

10. If the play for which the chorus is engaged is rehearsed seven days or less
and then rehearsals are discontinued or postponed, or if the production is aban
doned during rehearsals on or before the 10-day probationary period would have
expired, the manager shall pay the chorus as follows: If the contract has been
signed or entered into within two months of the date mentioned in paragraph 2
of the standard minimum contract a sum equal to one week’s salary, otherwise a
sum equal to two weeks’ salary.
11. In case the play is abandoned before rehearsals or the chorus is entitled to
compensation under the preceding paragraph, payment shall be made by the
manager to the chorus not later than three weeks prior to date of opening
specified in paragraph 2 of the main contract.
12. Ten days’ rehearsals means 10 consecutive calendar days, counting Sunday
(when Sunday is used for rehearsals) and said 10 days terminate with the
dismissal of rehearsal on the tenth day, as herein reckoned.
13. If the chorus is not allowed or required to work out any notice of dismissal
properly given under his contract the amount to which he is entitled shall be
paid forthwith upon the giving of the notice.
14. The right of the manager to close a play and company without a week’s
notice within four weeks after the opening date does not apply to the second or
subsequent season thereof.
15. Notices of termination or closing given at or before the end of the perform
ance on Monday night, effective at the end of the Saturday night following, shall
be deemed one week's notice, and such notice effective at the end of Saturday
week following shall be deemed two weeks’ notice.
16. The essence of this contract is continuous employment, and a play once
closed shall not be reopened during the same season within eight weeks of the
date of previous closing, without the consent of the Chorus Equity Association.
Such consent, if given, shall be upon such terms and conditions as may be con
sidered just and equitable by such association.
17. Except in a case of notice given on Monday, as otherwise provided in
these rules, a week’s notice shall be 7 calendar days and two weeks’ notice 14
calendar days.
18. The chorus shall be responsible for transporting his own baggage to and
from the station or theater in New York City. The manager will pay the cost of
or reimburse the chorus for such transportation anywhere on Manhattan Island.
19. Should the citizens’ jury provided for in New York decide adversely to the
continuance of a production because salacious or against public morals, the
chorus shall forthwith terminate his employment without notice, payment, or
penalty.
20. Should the production in which the chorus is engaged be complained of as
being in violation of any statute, ordinance, or law of the United States, any
State, or any municipality in any State, and should a claim or charge be made
against the chorus on account of his being engaged in such production, either
civil or criminal, the manager shall defend the chorus at his own expense, or shall
pay any and all reasonable charges laid out or incurred by the chorus in his
defense, and the manager agrees to indemnify the chorus against any loss or
damage which he may suffer on account of being engaged in any such production.
This rule shall not apply to any case or any set of conditions where its enforce
ment would be illegal or against public policy.
21. The manager shall have the right to lay off his company the week before
Christmas and Holy Week without pay. . Should such lay off take place, the
manager shall not during said lay-off period be entitled to the services of the
company except for a run-through rehearsal on the day of reopening and except,
further, that additional rehearsals may be allowed by the Chorus Equity Asso
ciation in case of illness of the star or prominent member of the company or
change of cast.
22. If in any production the star or featured member of the cast shall be ill
and a lay off shall take place on that account, chorus receiving less than $100
weekly (but no others) shall be paid by the managers an amount equal to their
board and lodging for the first week. If said lay off continues beyond one week,
half salaries shall be paid to the entire company for each day the chorus are re
tained up to and including two further weeks. From and after the beginning of
the fourth week the manager shall either pay full salaries to all members of
the company or may abandon the production.

102

COLLECTIVE BARGAINING BY ACTOBS

23. In case after the opening of the play and after at least two weeks* employ
ment the manager shall desire a lay off for the purpose of rewriting or making
changes in the cast or any other reason deemed sufficient by him, he may apply
to the Chorus Equity Association for the right to do so, which right shall be granted
if the Actors’ Equity Association grants the same right, and shall be granted upon
the terms and conditions that are acceptable to the Actors’ Equity Association.
But in any event if a change or changes in the cast is made, the chorus dismissed
and not employed upon the renewed run of the play shall be paid at least one
week’s additional salary.
24. Musical comedies, revues, or spectacular plays shall immediately after a
New York run be allowed one day’s lay off without pay before the opening in
either Boston or Chicago. This does not apply to premiers, i. e., original openings
in those cities.
25. Should the chorus deem that he has any claim against the manager
under his contract, he shall present the same to the Chorus Equity Association
or to the manager or both within two months after the time when such claim has
arisen, unless he shall give to the board of arbitration good and sufficient reason
for any delay after such period of two months.
26. Should either party give the other any notice under his contract which
terminates the same at any future date, and should the chorus have or secure a
new engagement, he shall be permitted to attend the rehearsals under the new
engagement as may be necessary and as do not conflict with his performance
under his then existing contract.
27. The actual salary of the chorus agreed upon shall be stated in the con
tract and a lesser or fictitious salary shall not be stated in the contract.
28. Unless special consent otherwise is given by the manager, understudies
shall be present at each performance.
29. Try outs during May, June, and July are permissible where the manager
agrees to pay and pays one week’s salary for two weeks’ rehearsals and an addi
tional half week’s salary for each additional week of rehearsal, one week’s salary
to be guaranteed. Payment for part of a week’s rehearsal shall be pro rata.
30. Sunday performances, referred to in the regulations under subdivision 4
of paragraph H, are regular dramatic and musical productions and do not include
vaudeville, recitals, concerts, and the like.
31. Chorus Equity will raise no objection to the trying out of vaudeville acts
in revues or similar type of productions for one performance, provided the act
understands and is agreeable to this arrangement, and provided further that this
entails on the company no rehearsal.

Full text of Collective Bargaining by Actors : A Study of Trade-Unionism Among Performers of the English-Speaking Legitimate Stage in America : Bulletin of the United States Bureau of Labor Statistics, No. 402

FRASER