NWLB Arbitration regarding Electrical Transcription Manufacturers and American Federation
of Musicians, 1942-1944
Collection Number: 5315
Kheel Center for Labor-Management Documentation & Archives
Cornell University Library
DESCRIPTIVE SUMMARY
Title:
NWLB Arbitration regarding Electrical Transcription Manufacturers and American Federation
of Musicians, 1942-1944
Repository:
Kheel Center for Labor-Management Documentation & Archives
Collection Number:
5315
Abstract:
Arbitration files in the case of the American Federation of Musicians and Electrical
Transcription Manufacturers.
Creator:
U.S. National War Labor Board (NWLB)
Quanitities:
2 cubic feet
Language:
Collection material in English
The American Federation of Musicians, AF of L, unilaterally decided the minimum terms
and conditions of employment. They never negotiated a contract with a broadcasting,
electrical transcription or recording company.
The Union believed that mechanized music was displacing live musicians so they entered
into conferences in 1937 with the broadcasting, recording and transcription companies
concerning this matter. The conferences resulted in the broadcasting industry accepting
the so-called quota agreement, under which the independent stations and stations affiliated
with networks agreed to spend more money on staff musicians. The term of this agreement
was set at two years, but in 1938 the Department of Justice advised the parties that
the agreement was illegal.
In 1938, the Union adopted a policy of "licensing" recording and transcription companies.
The license allowed union musicians to work
for these companies on the condition that the companies limit the use of their products
to non-commercial purposes. At no time-did the license contain any of the terms and
conditions being fixed unilaterally by the union and all licenses being terminable
at its will. The courts in RCA Mfg. Company vs Whiteman case held that the limitation
on the use of phonograph records which the parties had agreed to could not be enforced.
Therefore, the purpose of the license arrangement was largely defeated, but they continued
to renew the license until 1942.
The Musicians Union in 1942 decided that the only way to alleviate the unemployment
of musicians caused by recorded music was to refuse to work for recording and transcription
companies. The union made no demands on the employers, but on August 1, 1942, all
union members stopped making records and transcriptions.
Early in August 1942, the Department of Justice charged the union with violation
of the anti-trust laws. The complaint was dismissed in
the lower courts on the ground that the controversy was a labor dispute and the union
was, therefore, immune from such prosecution. The Supreme Court affirmed this decision.
The next development was a hearing before a subcommittee of the Senate Committee
on Interstate Commerce, pursuant to Senate Resolution 276, 77th Congress, second session,
regarding the use of mechanical reproduction of music. The hearings were held on a
number of days in September and then discontinued until February 1943. The February
hearings disclosed for the first time the unions demands. The principle demand involved
payment to the unions of an agreed sum on each recording made, and the fund thus created
was to be used in various ways for the alleviation of unemployment.
The employers upon hearing the union demands rejected them and took steps to bring
the controversy before the National War Labor Board on the grounds that the cessation
of work constitutes a work stoppage seriously interfering with the war effort and
they asked the Board to terminate the strike.
The War Labor Board refused to terminate the strike and set up a National War Labor
Board Panel to conduct hearings. The Panel was composed of: Arthur S. Meyer, Chairman
and Public Member; Max Zavitsky, Labor Member; Gilbert E. Fuller, Industry Member.
The Panel started the hearings on September 7, 1943 and on September 9 decided to
adjourn until September 20, so as the Musician Union and World Broadcasting System
could put their verbal contract agreement into written form. The hearing was reconvened
on September 21 and then adjourned until September 27. On September 29 World Broadcasting
System and Musicians Union signed an agreement. The Panel at this time adjourned until
October 20, 1943 at the request of ths parties so that they could negotiate privately.
The Panel on various occasions at the request of the parties acted as mediator. When
the hearings were resumed on October 20, 1943, six of the seven original companies
had signed agreements with the union.
The remaining company, National Broadcasting Co., was joined at this time by two
additional companies, RCA-Victor Division and Columbia Recording Corporation, to the
proceeding. The Panel finished its hearings on November 22, 1943 and submitted its
report and recommendations to the National War Labor Board on March 9, 1944. The National
War Labor Board on June 15, 1944 issued its decision on this case.
The unions position in the hearings was that: the Board did not have jurisdiction
because there was no strike, no substantial interference
with the war effort, no labor dispute, and the members of the union are not the employees
of the phonograph and transcription companies, but of the band leaders, contractors
and symphony associations, none of whom are parties to this proceeding; the union
demanded that the company pay money into the union's unemployment fund and that the
union receive financial rrenumeration for phonograph records made for home consumption
and used commercially.
The companies position in the hearing was that: how do you measure unemployment of
musicians and to what extent is the nemployment of musicians due to records and transcriptions
which fellow union members helped create; the use of an unemployment fund would aggravate
rather than relieve unemployment due to the fact that the Musician Union is an open
union; the com panies maintained that the unemployment fund is really a wage increase
and is contrary to the Wage Stabilization Program; the adoption of the Union's demands
would result in the creation of a private system of un employment relief and a undermining
of our National Social Security System;
the companies proposed that the Union and the companies unite in pressing for copyright
legislation so as to prevent records designed for home use from being used commercially
without remuneration.
The Panel besides having to evaluate the demands of both sides had to consider if
the Unions demand for an unemployment fund was a "customary" demand or a usual and
novel demand which the union was able to impose due to wartime conditions. The N.W.L.B.
cannot impose on companies unusual and novel union demands which arise due to wartime
conditions.
Arbitration files in the case of the American Federation of Musicians and Electrical
Transcription Manufacturers.
Also included are files pertaining to the World Broadcasting System, Empire Broadcasting
Corporation, Associated Music Publishers, Inc, Lan-Worth Feature Program, Inc., C.P.
MacGregor, Standard Radio, Radio Recording Division, National Broadcasting Company,
RCA-Victor Division, Radio Corporation of America, and Columbia Recording Corporation.
Access to the collections in the Kheel Center is restricted. Please contact a reference
archivist for access to these materials.
This collection must be used in keeping with the Kheel Center Information Sheet and
Procedures for Document Use.
INFORMATION FOR USERS
NWLB Arbitration regarding Electrical Transcription Manufacturers and American Federation
of Musicians #5315. Kheel Center for Labor-Management Documentation and Archives,
Cornell University Library.
Names:
United States. National Labor Relations Board (1942-1945)
American Federation of Musicians.
Electrical Transcription Manufacturers.
World Broadcasting System.
Empire Broadcasting Corporation.
Associated Music Publishers.
Lang-Worth Feature Program, Inc.
C. P. MacGregor Collection (Library of Congress)
Standard Radio Transcription Services.
Radio Recording Division.
National Broadcasting Company, inc.
RCA-Victor Company, inc.
Columbia Recording Corporation.
Meyer, Arthur S. (Arthur Simon), 1880-1955.
Subjects:
Arbitration, Industrial -- United States.
Collective bargaining -- Telecommunication -- United States.
Telecommunication -- Employees -- Labor unions -- United States.
CONTAINER LIST
Container
|
Description
|
Date
|
|
Box 1 | Folder 1 |
Court Exhibits and Documents
|
|
Box 1 | Folder 2 |
Court Exhibits and Documents
|
|
Box 1 | Folder 3 |
Court Exhibits and Documents
|
1942 |
Box 1 | Folder 4 |
General Union Documents
|
1942-1944 |
Box 1 | Folder 5 |
Electrical Transcription Manufacturers v. American Federation of Musicians, Memos
|
1943 |
Box 1 | Folder 6 |
Newsletters
|
1942-1943 |
Box 2 | Folder 1 |
Electrical Transmission Mfgers. v. American Federation of Musicians, AFL
|
1943 |
Scope and Contents
pp. 1664-1900
|
|||
Box 2 | Folder 2 |
Electrical Transmission Mfgers. v. American Federation of Musicians, AFL
|
1943 |
Scope and Contents
pp. 1561-1603
|
|||
Box 2 | Folder 3 |
Electrical Transmission Mfgers. v. American Federation of Musicians, AFL
|
1943 |
Scope and Contents
pp. 1346-1560
|
|||
Box 2 | Folder 4 |
Electrical Transmission Mfgers. v. American Federation of Musicians, AFL
|
1943 |
Scope and Contents
pp. 1138-1345
|
|||
Box 2 | Folder 5 |
Electrical Transmission Mfgers. v. American Federation of Musicians, AFL
|
1943 |
Scope and Contents
916-1137
|
|||
Box 2 | Folder 6 |
Electrical Transmission Mfgers. v. American Federation of Musicians, AFL
|
1943 |
Scope and Contents
pp. 820-915
|
|||
Box 2 | Folder 7 |
Electrical Transmission Mfgers. v. American Federation of Musicians, AFL
|
1943 |
Scope and Contents
pp. 617-819
|
|||
Box 2 | Folder 8 |
Electrical Transmission Mfgers. v. American Federation of Musicians, AFL
|
1943 |
Scope and Contents
pp. 468-600
|
|||
Box 2 | Folder 9 |
Electrical Transmission Mfgers. v. American Federation of Musicians, AFL
|
1943 |
Scope and Contents
pp. 449-467
|
|||
Box 2 | Folder 10 |
Electrical Transmission Mfgers. v. American Federation of Musicians, AFL
|
1943 |
Scope and Contents
438-448
|
|||
Box 2 | Folder 11 |
Electrical Transmission Mfgers. v. American Federation of Musicians, AFL
|
1943 |
Scope and Contents
pp. 420-434
|
|||
Box 2 | Folder 12 |
Electrical Transmission Mfgers. v. American Federation of Musicians, AFL
|
1943 |
Scope and Contents
pp.253-418
|
|||
Box 2 | Folder 13 |
Electrical Transmission Mfgers. v. American Federation of Musicians, AFL
|
1943 |
Scope and Contents
149-252
|
|||
Box 2 | Folder 14 |
Electrical Transmission Mfgers. v. American Federation of Musicians, AFL
|
1943 |
Scope and Contents
pp. 1-148
|
|||
Box 2 | Folder 15 |
Electrical Transmission Mfgers. v. American Federation of Musicians, AFL
|
1943 |
Box 2 | Folder 16 |
Misc. Exhibits
|
1943 |