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INSTRUMENTAL

MAY, 1936

For the PIANIST

509-Alto Sax508-Clarinet (Tenor Sax)507 - Trumpet

Lisbon Antiqua, Subscription Price513-Accordion Each Book 1.00'Except Accordion

1.25COMBO BOOKS THAT SOUND GREAT!

OFFICERS OF THE FEDERATION

BERNARD PEIFFER PLAYS

Boogie Cha-Cha

1.00

LEO CLUESMANN220 Mt.

Each 1.00

540 1.00

For DANCE BANDS

MAIN TITLE THEME5272.00

LEE REPP

542 1.25Rock Around Tho Clock Instrumental;

543 1.25

544

545 US

540 US

Order by Number From Your Dealer or Direct

Name.

Address.

.State.

Rockin' The Cha Cha Choo-Choo Cha Cha ’

527.528.529.530

531.532.533.534.

by the Mercury

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Published Monthly et 39 Divisto i Street, Newark 2, Now Jersey

COLLECTION forSOLOS aud DIETS

GEORGE220 Mt.

503-ALTO SAXEach Book 1.25

Golden 541-

512___512A_513__514__

From "Man With The An. Warrington

LEO CLUESMANN, Editer and Pubi«htr HOPE STODDARD, Ateociate Edito*510- Trombone (Cello, Etc.)

512- Violin (Flute, Etc.)

NIGHT TRAINBuddy Morrow

AFTER HOURS Ait. Warrington

Member ...... Non-Member

OFFICIAL JOURNAL OF THI AMERICAN FEDERATION OF MUSICIANS OF THE UNITED

STATES AND CANADA

Symphony and Opera

Hans Schwieger .........

Closing Chord ............519__520 _521___522

502-TENOR SAX 506-ACCORDION

511- Guitar512a-Piano Accompaniment

NEW CHORDS endSTYLES For PianoTo play melody "lead sheets," make improvisations. Karl Macek covers cross hand styles, echo and counter­melody effects, etc. Solos include The

CHA CHA CHA and MERENGUE COMBOSA brand new combo book arranged by Johnny Warrington including: Four original compositlons

French jazz pianist and Record star.539-

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THE NEW JAZZ CLASSICLULLABY OF BIRDLAND

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ETHEL SMITH'S WEDDING MUSICBest selling editions. Includes "Oh, Promise Me," "Wedding March."

534-Piano 535-Hammond Organ 536-Hammond Spinet Each 1.00

532-TROMBONE 533-ACCORDION

PIANO IMPROVISATIONS WRITTEN OUTImprovising with embellishments by Karl Macek utilizing Wait Till Tho Sun Shinos Nellie • When My Baby Smiles At Mo • I Want A Girl, etc.538- 1-00

MUSIC OF TODAY No. 3• For SOLO or DUCT PLAYING With Optional Chord Accompaniment* • PARTS INTERCHANGEABLE—Any two instruments may play together' Contents: Heartbreak Hotel • A Tear Fell a R-o-c-k e Magic Touch • Too Close For Comfort • Infatuation e Winner Tako AU, and others.

For PIANO And ACCORDION— SONGS Aad DANCES From SCANDINAVIA

Features current standard hits from the Scandinavian countries arranged by Walter Ericksson. Only book oi its kind!

Entered ai Second Clew Metier July 21, 1922. et the Port Office et Newark, N. J. "Accepted for melting et ipeclel reft ol pottage provided for In Section 1103, A<t of October 3. 1917, euthorlxed July 21.

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Published for: 500-TRUMPET 501-CLARINET 504-TROMBONE 505-GUITAR (C Inst.)

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514-Bb Book 515-C Book 516-Eb Book (inc. Trombone) Each 1.00

WALTER M. MURDOCH___ 279 Ye >90 Toronto 1, Ontario, Canada

NAT “KING” COLEPUNO HIGHLIGHTSFavorites in Cole's own piano style including Nature Boy • Always You • Can't I, otc. Pictures, biography.

THE GOLD BOOK OF POPULAR HITSThe ideal collection of solos and duets with piano accompaniment playable together by any or all the instruments indicated below (except accordion). Contents: No, Not Much e Hot Diggity • Mister Wonderful e I'll Be Home • Eddie, My Love • Why Do Fools Fall In Love • Flowers Mean Forgiveness • Juke Box Baby, and others.

HANSEN’S POP ★ COMBOSContents: Honeysuckle Rose • East Of The Sun • It's The Talk of Tho Town • Pennies from Heaven • Sweet Leilani • Bell Bottom Trousers • Miss You * Under The Blanket of Blue • Zip-A-Doe Doo-Dah • Ol' Man Mom. others.

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30 Classified HITS for Instruments1956 edition of a great standard solo collection. Includes Rock 'N' Roll:

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Autumn Loaves • Opus One • Sacred: He • 1 Believe • Jazz: Lullaby Of Birdland • Night Train • Dixieland: Muskrat Ramble * Chicago • Blues: After Hours * Loomin' The Blues and many, many others. Piano Accompaniment.

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Nearly any top grade saxophone will sound good to the player. But how about projection?

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Ml-HOW TO DEVELOP A MOD­ERN CHORD TECHNIQUE. 24 pages of innovations in full chord piano technique, stud­ies that develop a contempo­rary jazz style. The only course of it* Kind ........ ... .$1.25

$06—STUART MURI CAI SLIDE­RULE. Four soparale «Iide rule* give all chord*, transpo­sition and scale* at a glance. Alio 14 choice* of harmoniz­ing any melody note. Com­plete ............—--— .75

369-PLAY POPULAR PIANO RY CHORDS. The aenaational Walter Stuart system of piano instruction without bass clef. Complete "18 lesson—40 song course" teaches playing from lead sheets. For semi-ad­vanced pianist* end mutic teacher*. Formerly $5.95, now only ..................„..„..„....$1.25

509—NEW DIRECTIONS IN MOO- ERN JAZZ. 21 page* of con­temporary fresh idea* for tho modem pianist and composer. Interesting harmonic innova­tion*, new styles ana tech­nique* .....................................$1 25

511 -LATIN GUITAR RHYTHMS (32 page*) .............-- -------------$1.25

518—THE AUTOMATIC MUSIC COMPOSER. A mathematical jig-*aw device that can make up an unlimited number of original *ong*, melodie* and chord* complete. Practical and educational. You must tee thi* to believe itl .... $1.25

499-HOW TO CREATE YOUR OWN JAZZ CHORUSES Wai­ter Stuart'« famous jig-Mw system of ad-lib improvising for «11 instruments. (39 pages) $1 25

492—PIANO FILLERS. 32 pages of Run*, Intro*, Break*, Ending*, that can be used with ail current and

- standard song hit* ............„..„$1.25

• Modern Piano Tronds •An Instructive Monthly Publication

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MODERN PIANO TRENDS it endorsed by leading jazz artists. It is tho only publication of it* kind, dedicated to advanced modem idea* for the profes­sional pianist, composer end arranger. Monthly subscriber* inclu.de recording (tart, college mu*ic department*, ar­ranger*, and jazz performer*.

The inttructive piano illuttration* are far ahead of any mutic material pub­lished today and serve at an inspiration to the modem musicion Marching for freth idea* in new round*.

8 BACK ISSUES ........................ $3.006 MONTH SUBSCRIPTION....... $2.50

•MUSICIANS«SAX, TRUMPET, TROMBONE, GUITAR, ACCORDION, ETC.

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LOOK FOB OUR SECOND AD ON PAGE 19

INSTRUCTIVE PUBLICATIONS FOR THE MODERN PIANISTCat. No.903—HOW TO USE 11th and 13th

CHORDS. Examples of modem chords applied to popular songs-

901-PROGRESSIVE PIANO PATTERNS. Modern stylo jazz phrases in all popular keys —™——

980—MODERN JAZZ ACCOMPANI­MENTS. How to play off-beat bop piano backgrounds .—__ ...„

354—MODERN CHORD APPLICATION.How to use fourth chords, 9th, 11th and 13th chords in modem jazz piano styling

495—MODERN NINTH CHORD POSI- TIONS, and how to use them. New, unusual chord ideas for pianists ——————

496—BlTONAl CHORD PROGRES- SIONS. Exciting modem rounds, created by the polytonal system of playing in two keys simul­taneously ....................................

940—NEW CHORDS FOR STANDARD HITS. Exciting, different harmo­nizations of all the best known

50

Cet. No.508—THE GEORGE SHEARING PIANO

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504-ANALYSIS OF CHORD SE­QUENCES, as used on recordings by George Shearing and Billy Taylor ....„..................................$1.00

493—MAMBO PIANO BASS. Au­thentic left-hand mambo styl- .ing ........................

345-MAMBO RHYTHM PATTERNS FOR PIANO .................. ..

JO

all-time hit* $1.00914-1 Ith CHORD INVERSIONS. A

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65—MODERN PARALLEL CHORD PRO­GRESSIONS. The harmonic back­ground for modem piano *tyle*. How to create the "New Sound" in harmonizing basic Kale*-.— JO

375—ULTRA-MODERN HARMONIZA­TIONS. How to create new style effect* through unconventional uro* of harmony ..... $1.00

380—EXPERIMENTAL JAZZ SOLO$. Fresh, beyond the conventional shopworn phrases, looking to the future (For piano).... .......$1.25

353—SINGLE NOTE IMPROVISA- TIONS. Ad-lib jazz phrase* to fit the mo*t used chord progrès- •ions.... ...... ..................——. .50

64—NEW CHORD STRUCTURES. Thi* chart thow* the basis for 1152 unorthodox modem chord struc­tures that can be used in place of conventional chords...—

370—SINGLE NOTE FIGURATIONS FOR STANDARD HITS. Typical modem piano ad-lib variation*

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applied to songs ——— I0-MODERN PIANO RUNS, 180 pro­

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66—PROGRESSIVE PIANO HARMO­NIZATIONS. The modem way of harmonizing any melody note u*ing unconventionel chordformations .

377—PROGRE$$IVE JAZZ PIANO SOLOS Perfect examples of the new contemporary styles ——$1.25

373—EXPERIMENTAL JAZZ IDEAL Polytonality, counterpoint and the 12 rone system applied to a jazz

beat . ............................... $1 OO

50—LATIN-AMERICAN RHYTHMS.How to apply over 30 Latin rhythms to the piano. Also in­cludes instructions in playing Latin-American instruments ___-„$1.25

80—THE BLOCK CHORD STYLE. Full explanation and examples of this modern piano style, including e block chord harmony chart—.„.$1.00

80—MODERN BLOCK CHORD PRO- GRESSIONS. Examples and exercises for the progressive

Cot. No 09-MODERN PIANO INTRODUC­

TIONS, in all popular key*...$1 00 68-PIANO ENDINGS. Two and one

mea*uro ending* in all popular keys.........................................................50

11-MODULATIONS, 2 and 4 meosuro bridge* leading from and to all popular kev* .....-..„.....„„„....„$1.00

379-PROGRESSIVE JAZZ PIANO IN-TROS. Profeuional introduction* in the modem manner „..„„..„.„.$1.00

49—DESCENDING PIANO RUNS.For the right hand. Modem run* to fit th* most used chord com­binations 50

904—ASCENDING PIANO RUNS. For the right hand. In all popular keys 50

48-1 lit» CHORD ARPEGGIOS. 132 11th chord runs, the modem sub­stitute for 7th chords .50

49—PIANO BASS PATTERNS. A variety of left-hand figures on all chords .75

364—IEF1 HAND IDEAS FOR MOD­ERN PIANISTS and how to apply them —• -75

FOR ORGAN08—EFFECTIVE HAMMONO ORGAN

COMBINATIONS, chart of special round effects and novel tone combination* —————— .50

30—HAMMOND NOVELTY EFFECTS, a collection of amusing trick imita­tion* for "entertaining" organists .75

33—COMPLETE DICTIONARY OF HAMMOND STOPS, correct inter­pretation of organ rounds—..™— .75

904—POPULAR ORGAN STYLING.How to arrange popular sheet mutic for the organ; effective voicing, contruting »tyle* of play­ing, etc. Hammond Organ regis-

Cat No 982—GUITAR INTRODUCTIONS. Pro­

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FOR GUITAR. 744 chords in dia­gram and notation (by NormanElliott) .......ft.... .75

358—GUITAR STYLING IN TENTHS.An unlimited new source of in­teresting effects ——™™™-™ JO

346 -OCTAVE UNISON STYLIZINGFOR GUITAR. Modem double and triple string solo technique and how to apply It „--------------- -------- .75

355-NOVEL GUITAR ACCOMPANI-MENTS. New, different guitar rhythms for interesting small combo effects ........——. .50

500-WALKING BASS FOR GUITAR-... .50 344-1 ITH CHORDS FOR GUITAR and

how to use them. 660 modem chords, diagrams, fingerings, no-

499G—HOW TO CREATE YOUR OWN JAZZ CHORUSES. (Single String.) Walter Stuart's famous jig-saw system of ad-lib Improvising. (39 pages.) .... $1.2f

5O3-CHORD ROUTINES. The most used chord sequences as found in all popular music. The "Formula" of all chord progressions ™.„—

362 -GUITAR RUNS. Modem tech­nique for improvisation on all chorda

353—SINGLE NOTE IMPROVISA­TIONS. Ad-lib jazz phrases to fit the most used 'chord pro- g re is ions .......................................—

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MONEY BACK GUARANTEE ON EVERYTHING I

915—DICTIONARY OF 13th CHORDS A chart of 132 extremely mod­em 7-part chorda ————•

63—PR O GR ESS IO N S IN 13th CHORDS. Examplesend exercises showing all variations of 13th chords as used in modem music.

Progressiva style Intros, Broek* and ending* for Standard Hit*.

Melodie* Not Included

912—CHORDS BUILT BY FOURTH IN­TERVALS. A chart of ultra­modern 3, 4, 5 and 6 note chords and how to substitute them for conventional chords —$1.00

376—MODERN CHORD PROORES- SIONS FOR PIANO. How to transform sheet music chords into modern extended chord positions. $1.00

932-$ELECTION "A." Stardust, lea For Two, Talk of the Town, Ain't Misbehavin'

933-$ELECTION "B." Body and Soul, All of Me, I Surrender Dear, If I Had You „„.

934—SELECTION "C." Embraceable You, Honeysuckle Rose, Out of Nowhere, The Sunny Side of the

935—SELECTION "0.“ I’m In the Mood for Love, These Foolish Things, Don't Blame Me, Some­one to Watch Over Me ——

WALTER STUART musk studio, me.

Enclosed you will And $------------------------□ Send C.O.D (except Canada)

Please send (list by number)------------------------------------ । ■ —

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TrendsNAME----------------------------------------------------------------------------------------------------------------------------

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lh| May, 1956

inclu.de

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was

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1001 CONNECTICUT AVENUE. WASHINGTON 0. 0. C.

UNITED STATES AND CANADA

In the Matter of

JOHN TE GROEN and G. R. HENNON,Referee by letter dated MarchPlaintiffs,

Defendants.

undersigned as '29, 1956.

The plaintiffs are John te Groen, PresidentUAN RASEY, RAY TOLAND, WAR­REN D. BAKER, CECIL F. READ, JOHN CLYMAN, WILLIAM ULYATE, EARL EVANS, MARSHALL CRAM, MARTIN BERMAN, GEORGE WALD. WILLIAM ATKINSON, VINCENT DE ROSA, JACK DUMONT.

REPORT AND RECOMMENDATIONS OF Arthur j. goldberg, referee.

This report is submitted by the under-•igned Referee who was appointed by the

I I recommend, in accordance with a request Imade to me by the parties at the hearing, that [copies of the enclosed report be furnished to Ithem as promptly as possible.

Sincerely yours,ARTHUR J. GOLDBERG (Sgd.) Arthur I. Goldberg.

AJG:lk

“AS A MEMBER OF THE AFM I HEREBY AMEND THE CHARGES HERE­TOFORE FILED MARCH 2,1956, TO READ AS FOLLOWS: I CHARGE UAN RASEY, RAY TOLAND, WARREN BAKER, CECIL F. READ, JOHN CLYMAN, WILLIAM ULYATE, EARL EVANS AND MAR­SHALL CRAM, HEREINAFTER CALLED ‘CHARGED MEMBERS’: 1. IN VIOLATION OF ARTICLE 13, SECTION 1 OF THE AFM BY-LAWS THE CHARGED MEMBERS PLACED OBSTACLES IN THE WAY OF THE SUCCESSFUL MAINTENANCE OF LOCAL 47 BY PLANNING, CONSPIRING AND ENGAGING IN CONCERTED AC­TIONS WITH OTHERS TO OUST THE REGULARLY ELECTED OFFICERS OF THE LOCAL AND THEREBY DISRUPT IT, AND TO THAT END: ON FEBRUARY 27, 1956, 10:00 A. M. IN SECRET SESSION AND CONSPIRED UNLAWFULLY TO OUST THE OFFICERS OF LOCAL 47 AND FOR THAT PURPOSE PREPARED THE SPEECHES, RESOLUTIONS AND ACTION FOR THE REGULAR MEMBERSHIP MEET­ING OF FEBRUARY 27, 1956, AT 1:00 P. M., CONCEALING SUCH PLANS FROM THE OFFICERS OF LOCAL 47 AND THE GREAT BULK OF THE MEMBERSHIP OF LOCAL 47. (B) ON FEBRUARY 27, 1956, ON AND AFTER 1:25 P. M. BY MEANS OF THE PLANS AND PRE-ARRANGEMENTS DESCRIBED IN PARAGRAPH (A) AND THROUGH THEIR CONCERTED IN1TU- ENCE, CONTROLED THE MEETING OF LOCAL 47 AND EFFECTUATED AN AL­LEGED SUSPENSION OF THE PF ESI- DENT OF LOCAL 47 CONTRARY TO THE LAWS OF LOCAL 47. (C) ON MARCH 1, 1956, THE INTERNATIONAL PRESIDENT DIRECTED AND ORDERED THAT PEND-

MUSICIANS OF THE

ARTHUR J. GOLDBERG Attorney ano Counselor

Michael G. Luddy Henry G. Bodkin, Jr. Harold G. Fendler Robert N. Rissman Harry J. Miller Cecil F. Read

AMERICAN FEDERATION OF

William Ulyate, Member of Local 47.Earl Evans, Member of Local 47.Marshall Cram, Member of Local 47.Martin Berman, Member of Local 47. George Wald, Member of Local 47.William Atkinson, Member of the Boi.nl

of Directors, Local 47.Vincent De Rosa, Member of the Board of

Directors, Local 47.Jack Dumont, Member of the Board of Di­

rectors, Local 47.Original charges were filed by te Groen

with the International Executive Board or March 2, 1956, against Rasey, Toland, Baler, Read, Clyman, Ulyate, Evans and Cram. Al ter due notice of the charges was received by the defendants from the International Secretary, Leo Cluesmann, answer was made to the o -ig- inal charges by these defendants on March 13, 1956.

On March 15, 1956, amended charges were filed with the International Executive Board by te Groen against the same defendant) named in the original charges. The amended charges are as follows:

and Member of the Board of Directors of Local 47, and G. R. Hennon, Financial Secre­tary and Member of the Board of Directors of Local 47. The defendants are:

Uan Rasey, Member of the Board of Direc­tors, Local 47.

Ray Toland. Member of the Board of Direc­tors, Local 47.

Warren D. Baker, Member of the Board of Directors, Local 47.

Cecil F. Read, Vice-President and Member of the Board of Directors, Local 47.

John Clyman, Member of the Board of Di­rectors, Local 47.

May 4, 1956I Mr. Leo Cluesmann, SecretaryI American Federation of Musicians1220 Mt. Pleasant Avenue■ Newark 4, New JerseyI In the matter of:

John te Groen and G. R. Hennon, Plain­tiffs, vs. Uan Rasey, Ray Toland, Warren D. Baker, Cecil F. Read, John Clyman, William Ulyate, Earl Evans, Marshall Cram, Martin Berman, George Wald, William Atkinson, Vincent De Rosa, Jack Dumont, Defendants

Dear Mr. Cluesmann:My Report and Recommendations to the

International Executive Board of the Amer­ican Federation of Musicians is enclosed here-

International President of the American Fed­eration of Musicians pursuant to. the direc­tion of the International Executive Board.

The authority of the Referee is set forth in the following excerpt from the minutes of the meeting of the International Executive Board of March 27, 1956.

“The International Secretary advised the Board that charges and amended charges had been filed by John te Groen and G. R. Hennon against William Atkinson, Vincent De Rosa, Martin Berman, George Wald, Marshall Cram, William Ulyate, Earl Evans, John Clyman, Cecil F. Read, Warren D. Baker, Ray Toland and Uan Rasey. The last day for filing answers lo any of these charges is April 1, 1956. The Board was further informed that all persons against whom charges had been filed had been ad­vised to be ready for trial not later than April 1, 1956. The Board discussed the procedure. It was pointed out that a large number of persons from the Los Angeles area were involved in these charges. While it would be more convenient for these per­sons to have the charges heard in Los Ange­les, it would be inconvenient for the Board members to convene there. It was moved, seconded and unanimously voted that the International President is directed to ap- Eoinl a referee who shall hold hearings in

os Angeles on April 1, 1956, or as soon thereafter as he may be able to, on the charges filed against William Atkinson, Vincent De Rosa, Martin Berman, George Wald, Marshall Cram, William Ulyate, Earl Evans, John Clyman, Cecil F. Read, War­ren D. Baker, Ray Toland, and Uan Rasey, and said referee shall file with the Inter­national Secretary for transmission to the Board his report containing his findings and his recommendations as to the dispo­sition of the charges. The Internationa] Secretary shall advise all persons who have filed charges and all persons against whom charges have been filed of the date, lime and place of hearing.” In accordance with the direction in these

minutes, President Petrillo appointed the

Following is the Report and Recommendations of Referee Arthur J. Goldberg who was appointed by President Petrillo at the direction of the International Executive Board to hear the charges of President te Groen and Financial Secretary G. IR. Hennon of Local 47, Los Angeles, Calif., against certain members of that local.

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MAY

GROEN’S APPEAL TO THI INTERNA-

HIS OFFICIAL ELECTED OFFICE AS

BniECTIOX> 01 Till FEDER \TION SPI -CIFK ALLY A STAY ISSUED BY THE IN­TERNA! lONAI. PRESIDENT OX MARCH

ING DETERMINATION OF JOHN TE

TIONAL EXECUTIVE BOARD, THE PUR-PORTED SUSPENSION OF JOHN TEGROEN AS PRESIDENT OF LOCAL 47,AFM BE STAYED AND THAT HE RETAIN

PRESIDENT OF THAT LOCAL WITH FULL POWERS AND AS CHAIRMAN OF THE BOARD OF DIRECTORS. AFTER A COPY OF SUCH ORDER AND DIRECTION WAS SERVED UPON AND READ TO EACH OF THE CHARGED MEMBERS NAMED HEREIN, EACH OF THEM AT­TENDED A MEETING ON MARCH 1, 1956, WHICH PURPORTED TO BE A MEETING OF THE BOARD OF DIRECTORS OF LO­CAL 47 AND CLAIMED TO BE ATTEND­ING SUCH MEETING, ALTHOUGH HE KNEW THAT THE PRESIDENT OF LOCAL 47 HAD NOT CALLED SUCH A MEETING AND THAT NO DIRECTOR HAD RE­QUESTED SUCH PRESIDENT TO CALL A MEETING AND SUCH PRESIDENT HAD DECLARED THE MEETING TO BE NULL AND VOID. SUCH CONDUCT BY EACH OF THESE CHARGED MEMBERS CONSTI­TUTED A REFUSAL TO RECOGNIZE JOHN TE GROEN AS PRESIDENT OF LOCAL 47 AND AS CHAIRMAN OF ITS BOARD OF DIRECTORS. (D) IN FURTHER­ANCE OF SAID UNLAWFUL PLAN TO OUST THE PRESIDENT OF LOCAL 47 AR­RANGED FOR A SPECIAL MEETING OF LOCAL 47 FOR MARCH 12, 1956, CON­TRARY TO THE LAWS AND PROCEDURE OF LOCAL 47. (E) ON MARCH 9, 1956, DESPITE THE ORDER OF THE EXECU­TIVE BOARD OF THE AFM CANCELLING SAID PROPOSED MEETING FOR MARCH 12,1956, PROCEEDED AT A MEETING OF THE BOARD OF DIRECTORS OF LOCAL 47 TO DEFY SAID ORDER AND TO MAKE ARRANGEMENTS FOR SAID MEETING OF MARCH 12, 1956. (F) CONDUCTED AND PARTICIPATED IN SAID MEETING OF MARCH 12, 1956, AND PROCEEDED UNLAWFULLY TO OUST SAID PRESI­DENT DESPITE THE FACT THAT (1) SAID CHARGES WERE PRESENTED AT A SPECIAL MEETING OF LOCAL 47 IN­STEAD OF A GENERAL MEETING OF SAID LOCAL AS REQUIRED BY ARTICLE 1, SECTION 16 OF THE BY LAWS OF LO­CAL 47. (2) SAID MEETING WAS IM­PROPERLY CALLED SINCE THE NOTICE TO THE MEMBERS OF LOCAL 47 OF THE PURPORTED MEETING WAS NOT SENT IN COMPLIANCE WITH ARTICLE 1, SEC­TION 3, PARAGRAPH (D) OF THE BY­LAWS OF LOCAL 47 IN THAT THE RE­CORDING SECRETARY DID NOT NOTIFY THE MEMBERS OF SAID MEETING BUT INSTEAD THE MEETING WAS NOTICED BY UNSIGNED POSTCARDS SENT BY PERSONS UNKNOWN. (3) SAID OUSTER WAS OTHERWISE IN VIOLATION OF THE BY-LAWS OF LOCAL 47. (GD) IN FURTHERANCE OF SAID CONSPIRACY AND PLOT, THE CHARGED MEMBERS OPENLY INVITED THE LOSS OF THE CHARTER OF LOCAL 47 WHICH WOULD, OF COURSE, TERMINATE THE ‘SUCCESS­FUL MAINTENANCE OF LOCAL 47. (2) IN DISREGARD OF ARTICLE 13, SECTION 1 OF THE AFM BY-LAWS CHARGED MEMBERS VIOLATED THE ORDERS AND

10

1, 1956, ISSUED PURSUANT TO ARTICLE 8. SECTION 2.AND AN ORDER AND DI-RECTION OF THE EXECUTIVE BOARDON MARCH 9, 1956, ISSUED PURSUANTTO ARTICLE I, SECTION 5-D, E AND F. AND ARTICLE 12, SECTION 6 AS SET FORTH IN PARAGRAPHS (C) AND (E) THE FIRST CHARGE ABOVE SET FORTH. 3. IN VIOLATION OF ARTICLE 12. SEC­TION 36 OF THE AFM BY-LAWS, THE CHARGED MEMBERS ADVOCATED DUAL UNIONISM. ALL OF THE ACTS HEREIN ABOVE DESCRIBED THE FIRST AND SECOND CHARGES WERE EXECUTED NOT ONLY TO PLACE OBSTACLES IN THE WAY OF THE SUCCESSFUL MAIN­TENANCE OF LOCAL 47 AND TO DEFY THE ORDERS AND DIRECTIONS OF THE AFM, BUT ALSO TO SET UP A SEPA­RATE INDEPENDENT AND RIVAL OR­GANIZATION OF AFM. THE CHARGED MEMBERS AND EACH OF THEM PAR­TICIPATED IN THE ATTEMPT TO ESTAB­LISH AN ORGANIZATION WHICH WAS INTENDED AND DESIGNED TO WREST FROM AFM ITS EXCLUSIVE RIGHT TO REPRESENT AND BARGAIN FOR MUSI­CIANS EMPLOYED IN THE MOTION PIC­TURE, THE RECORDING AND THE BROADCASTING INDUSTRIES. THE CHARGED MEMBERS AND EACH OF THEM HAVE BY ACT, DEED AND WORD OF MOUTH, ATTEMPTED TO BRING AFM INTO DISREPUTE AND TO SUB­STITUTE FOR IT A DUAL, RIVAL AND ANTAGONISTIC BARGAINING AGENT.

RESPECTFULLY SUBMITTED.JOHN TE GROEN.”

Due notice of the amended charges was sent to the named defendants by the Interna­tional Secretary on March 16, 1956.

On March 15, 1956, charges were filed with the International Executive Board by G. R. Hennon against George Wald and Martin Ber­man. These charges are the same as the above quoted amended charges filed by le Grden except for the omission of paragraphs (C) and (E) of charge 1 and the omission of charge 2.

Hennon also filed charges with the Inter­national Executive Board against Vincent De Rosa and William Atkinson on March 15, 1956. These charges are the same as para­graphs (D), (E), (F) and (G) of charge 1 and charge 3 of the amended charges of te Groen, and there is also included the equiv­alent of charge 2 of the te Groen amended charges excluding, however, the alleged vio­lation of the March 1, 1956, stay issued by the International President.

Notice oi the Hennon charges was sent to the respective defendants by the International Secretary on March 16, 1956.

On March 26, 1956, a joint and several answer to the te Groen amended charges and to the Hennon charges was made by all of the foregoing defendants. In their answer the defendants denied the several allegations of the amended charges. Moreover, they denied that Section 1 of Article 13 of the American Federation of Musiciana By-laws is valid or lawful: and challenged the- validity of the alleged stay issued hy President Petrillo on

March 1, 1956, and of the alleged orderdirection of the International Executivereferred to in charge 2 and of the provui regarding dual unionism contained in Arti 12, Section 36 of the American FederationMusicians By-laws. In addition, the contains the following demands:

(5) I demand an actual trial and hearii

CLE THE CIA> 1956, OF I WHK APPI MEM ILLEi AS F IN T MAR’ RECC TO I) MITI EGLI BERS HAD MEET MARI AN E THE OF Fl MOVI OFFK OF T BY Oi AMEf CIANI A ME TORS 1956, MOV! DUE ' OFFK CIAL HELD TION: THAT BOAR TO IL THE LOCA RESO! BOAR READ SUCCI LEGE! IN VK MOVA OF T MUSK OF TI IN JA VOGA UN10I OF VII OF Tl TERN: OF V AND ICAN I OF LO

on ihe amended charges and on the origin charges, and I demand an opportunity to 1« and examine all the proof which shall be id mitted in support oi the amended charges । original charges against me, and to confrq and cross-examine John te Groen, whose nan appears on the amended charges and theori inal charges, and lo confront and croa examine any and all witnesses against rnei connection with the amended charges » original charges, and lo confront and cros examine all members, officers and employ« of the American Federation of Musicians wh acted in concert with, aided or abetted Job te Groen in the making of the amend) charges or original charges against ine.

“(6) Since any violation alleged to bn been committed occurred in the County i Los Angeles, and since all pertinent witness are in the County of Los Angeles. I demu that any such trial and hearing be held i the County of Los /Angeles, so that 1 will ha the opportunity to appear and defend mysd and to present witnesses and proof in myd fense; neither I nor my witnesses can godi where for trial or hearing since we are a ployed in the County of Los Angeles, a since I could not afford the expense of sue travel, hotels, per diem, loss of earnings si other expenses for me and my witnesses, ti setting of any trial or hearing elsewhere wod deprive me of the opportunity to defend nn self.

“(7) I demand thal 1 be given not h than ten (LO) days’ notice, in writing, old actual time, date and place of said trial, i that my witnesses and I will have a ream able opportunity to make necessary arranj ments for our appearances and pieparabo nt such trial.

“(8) I demand that the trial and hear« of the charges and the amended charges, aj the defense, lie held only before and coi ducted by an impartial tribunal, which is a biased or prejudiced against me. and whit has not already prejudged me or the charg or the amended charges.

“Additionally, 1 specifically disqualify d following to try me, to wit: James C Petrilk Herman D. Kenin, W. M. Murdoch, Stank Ballard, William Harris, Lee Repp, C 11 Bagley, Leo Cluesmann and 1 claim an charge that the foregoing persons have be and are biased and prejudiced against a have prejudged me and the amended and om inal charges, and arc nol impartial.

“Additionally, I demand any trial and hen ing be tried by the membership of Local 4 at a general meeting, or by an impartial Tri Board to be selected by Local 47 or the men bership of Local 47, in whose jurisdiction lb violations are alleged to have been cob mitted. ”

Charges against Jack Dumont were hk with the International Executive Board b Hennon on March 28. 1956, as follows:

“I HEREBY PREFER CHARGÍ AGAINST JACK DUMONT UNDER ART

INTERNATIONAL MUSICU

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| CLE 13, SECTION 1 OF THE BY-LAWS OF I THE AMERICAN FEDERATION OF MUSL I CIANS IN THAT HE DID ON MARCH 9, I 1956, IN A MEETING OF THE BOARD I OF DIRECTORS OF THE LOCAL 47 OF I WHICH HE IS A MEMBER, VOTE TO I APPROVE THE ACTIONS OF A GENERAL I MEMBERSHIP MEETING OF FEB. 27 IN I ILLEGALLY SUSPENDING FROM OFFICE I AS PRESIDENT JOHN TE GROEN AND I IN THAT AT IHE SAME MEETING OF I MARCH 9,1956, HE DID VOTE TO ORDER I RECORDING SECRETARY MAURY PAUL I TO DISOBEY AN ORDER OF A SUB-COM­I MITTEE OF THE INTERNATIONAL EX­I ECUTIVE BOARD TO NOTIFY THE MEM­I BERSHIP THAT THE SUB COMMITTEE I HAD CANCELLED A SPECIAL GENERAL I MEETING ILLEGALLY CALLED FOR I MARCH 12, 1956, WHICH MEETING WAS I AN EXTENSION OF AND CALLED FOR I THE SAME PURPOSE AS THE MEETING I OF FEB. 27, 1956, NAMELY. THA I' OF RE­I MOVING PRESIDENT TE GROEN FROM I OFFICE, THE ALLEGED SUSPENSION I OF TE GROEN HAVING BEEN STAYED I BY ORDER OF THE PRESIDENT OF THE I AMERICAN FEDERATION OF MUSI- I CIANS. I FURTHER CHARGE THAT IN I A MEETING OF THE BOARD OF DIREC­I TORS OF LOCAL 47 HELD MARCH 23, I 1956, HE DID VOTE TO ILLEGALLY RE­I MOVE JOHN TE GROEN FROM SALARY

DUE TO HIS ALLEGED REMOVAL FROM OFFICE AT THE MARCH 12, 1956, SPE­CIAL GENERAL MEETING WHICH WAS HELD IN DEFIANCE OF THE INTERNA­TIONAL EXECUTIVE BOARD AND IN THAT AT THE SAME MEETING OF THE BOARD OF DIRECTORS HE DID VOTE TO ILLEGALLY PAY TO CECIL F. READ THE SALARY OF THE PRESIDENT OF LOCAL 47 AND DID ALSO VOTE FOR A RESOLUTION STATING THAT THE BOARD CONSIDERED THAT CECIL F. READ IS PRESIDENT OF LOCAL 47 BY SUCCESSION DUE TO TE GROEN’S AD LEGED REMOVAL FROM OFFICE AND IN VIOLATION OF A STAY OF THAT RE­MOVAL ISSUED BY THE PRESIDENT OF THE AMERICAN FEDERATION OF MUSICIANS. I CHARGE THAT IN ALL OF THE RESPECTS MENTIONED HERE­IN JACK DUMONT IS GUILTY OF AD­VOCATING AND PRACTICING DUAL UNIONISM AND HE IS FURTHER GUILTY OF VIOLATING AN ORDER DULY ISSUED OF THE SUB COMMITTEE OF THE IN­TERNATIONAL EXECUTIVE BOARD AND OF VIOLATING THE CONSTITUTION AND BY-LAWS OF BOTH THE AMER­ICAN FEDERATION OF MUSICIANS AND OF LOCAL 47, AFM.”

Notice of these charges was sent to Dumont by the International Secretary on March 29, 1956. Dumont's answer, duly filed, is dated tpnl 4, 1956. It denies the several allegations

in the charges, demands decision by an im­partial tribunal, alleges disqualification of the International Executive Board and bias and prejudice against the defendant of the members of the International Executive Board.

On March 28, 1956, the International Secretary notified the plaintiffs and all of the defendants except Dumont that trial on the charges was scheduled before the Referee on April 11, 1956, in Hollywood. California.

MAY, 1956

FINDINGS1. Sequence of Events

a. Background.The American Federation of Musicians of

the United States and Canada (herein called the “Federation”) is an international union consisting of local unions of musicians and the individual musicians who form such unions. The Federation is governed by a

Notice of a change in the hearing date from April 11 to April 9 was sent lo all parties by the International Secretary on April 2. 1956.

Trial before the Referee commenced on April 9, 1956, al the Hollywood Plaza Hotel. Hollywood, California. All plaintiffs and de­fendants, including Dumont, were present and Dumont agreed to have his case heard along with the cases of the other defendants, although, absent agreement, he would have been entitled lo additional time under the American Federation of Musicians By-laws lief ore commencement of the trial on the charges against him.

Plaintiffs were represented by attorneys Michael G. Luddy and Henry G. Bodkin, Jr.; defendants were represented by attorneys Harold A. Fendler, Robert N. Rissman und Harry J. Miller, and by Cecil F. Read, one of the defendants.

The trial lasted from April 9 lo April 13, 1956. In addition to morning and afternoon sessions on each of these days, evening ses­sions were held on April 11, 12 and 13. The trial was attended by the plaintiffs, the de­fendants, the witnesses of the |jarties, and, to the limits of the hearing room, by in­terested members of Local 47.

All parties were afforded full opportunity lo be heard and to present evidence bearing on the issues through their witnesses and ex­hibits. At the request of the defendants, certain individuals were directed by the Ref­eree to appear as witnesses for adverse ex­amination by counsel for defendants. As more fully set out below, an additional request by the defendants, repeated several times, that the Referee« summon the members of ihe International Executive Board for adverse ex­amination on the question of bias and preju­dice was denied. The defendants were con­fronted with all the evidence against them and fully exercised their right to examine and cross examine witnesses. Counsel for both sides were permitted to make opening state­ments and closing arguments on the fact* and the law.

In making his findings and recommenda­tions. which appeal below, the Referee has carefully weighed the evidence as disclosed in the transcript of the trial, and the exhibits, and has considered the applicable provisions of the Constitution and By-laws of the Amer­ican Federation of Musicians and of Local 47.

During the hearings, many issues as to relevance, materiality or coin|x?tence of testi­mony were raised. In making these findings, only the evidence which, in the Referee’s opinion, is relevant, material and competent, has been considered. Disposition of any motions upon which ruling was reserved dur­ing the hearings is made in the following findings.

Upon the record in the case, and from his observation of the witnesses, the Referee makes the following findings and recommen­dations.

Constitution and By-laws. The object of L a Federation, as stated in Article II of its <3on- stitution. is to unite all of its local unions ai d the individual musicians who are members for the “purpose of general protection and advancement of their interests and for the purpose of enforcing good faith and fair dealing, as well as consistency with union principles, in all cases involving or d in­terest to members and Local Unions ol the Federation.”

The affairs of the Federation are adrrin .*- tered by its officers—a President, Vice-F red­dent, Secretary, Treasurer, and an Executive Committee of five members. Collectively, these officers, who are elected each yerr at the annual convention of the Feder« ticn, constitute its International Executive Riaid.

The Musicians’ Mutual Protective Associa­tion. laical No. 47, A. F. of M., of Los Anjalis, California (Hereafter called “Local 47” or “Local”) is n local union chartered by (he Federation with jurisdiction in Los Angeles and vicinity. Local 47 is governed by the constitution mid by-laws of the Federation and by its own constitution and by-laws.

The object of Local 47, as stated in Article 42 of its constitution “is lo unite the instru­mental musicians of Los Angeles and vicinity for the better protection of their ink rests, lo regulate prices and all business appertain­ing lo the musical profession and to er force good faith and fair dealing by and be ween members.”

The affairs of Local 47 are adininisterad by its officers —a President, Vice-Presiden, Re­cording Secretary, Financial Secretary, three Trustees, and five Directors. All of then J c ffi cers constitute the Board of Directors of Local 47. These officers are elected bienni­ally at the general election of the local. D eal 47 has a membership of approximately 1>,000. The local’s records indicate that in 1955 about 4,000 members earned over $2.500 pe? year from the music business.

A number of the members of Lot al 47 are or were employed in the making cf mo­tion pictures and in ihe making of filmed television shows. In addition, some of the members of Local 47 are employed on live shows of TV networks mid in the phonograph recording industry.

In accordance with its Constitution mid By-laws, the Federation negotiates collective bargaining agreements with the majoj com­panies and networks in the various industries employ ing musicians. These agreements, which are negotiated by the International Executive • Board, acting as u negotiating committee, are applicable to and binding on all locals whose members are employed by such conpanies ■ and networks, and lo all such members. Conditions and details not covered ir these company-wide agreements negotiated by the Federation are covered by supplementary agreements which are negotiated locrJly by the locals. •

Collective bargaining agreements with ocal companies and organizations employing mu­sicians who are members of the Federation are negotiated directly by the local unions in whose jurisdiction such companies or or­ganizations fall. In the case of Local 47, such agreements are negotiated with cor »punier and organizations in the Los Angel» area by the Board of Directors of the loca a sting as the Negotiating Committee of the local.

11

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expressions in opposition to this both before and after the decision International Executive Board. A of these reasons, however, seems

The provisions of the Federation’s By­laws dealing with collective bargaining agree­ments are set forth in Article 13, Section 36, which, in part, provides:

known to you, and the officers of Local 47 be commended for their able and

the benefit of all members of the Federa­tion and each member is bound by the terms of such collective bargaining agree­ments. A local of the Federation enters into collective bargaining agreements for its members and for Federation members who perform within the jurisdiction of the local.One of the principal problems facing the

Federation in recent history has been the displacement of “live" musicians by recorded music. Thia problem is not limited to the displacement of musicians who jx-rfonn di­rectly for the public, but also covers the dis­placement of “live” musicians in radio broad­casts. motion pictures und television. Over the years, the Federation has attempted to meet this problem by (1) requiring the use of live musicians wherever possible; (2) estab­lishing a trust fund based on contributions by employers using recorded music. The purpose of this trust fund is lo provide employment for those displaced by technological progress and to provide funds to promote perform­ances of live music throughout this country.

The theory behind this is that the indus­tries affected would pay the cost of this trust fund and that monies thus collected would go to those displaced by mechanical progress.

It would go far beyond the scopes of this proceeding to set forth the details and history of the trust funds. It is sufficient to state that payments to a trust fund are made under collective bargaining agreements with the Federation by recording companies, film com­panies. and other employers of musicians whose performance is to be reproduced.

The particular relationship of the trust fund to this case arises from the re-use in another form of performances originally re­corded for use in a particular media, particu­larly the re-use of old motion pictures on television. With respect to film made directly for television, the musicians who perform are paid for their work with certain additional payments being made into a trust fund, as in the case of other recorded performance.

Originally, the Federation attempted to procure actual employment for musicians in connection with the use of movie film for television. Thus, in May, 1951, a provision

* was inserted in the Television Film Labor Agreement requirine the making of a new sound track using the same number of mu­

‘ sicians previously employed in making the original sound track, whenever it was desired to re-use a theatrical film for television. This Eroved impractical, however, and in Septem-

er, 1952, this restriction was lifted anti pro­vision was made for a payment of $25, called a “rescoring fee,” for each musician who made the original sound track on motion picture films released for television.

In 1955, however, the International Execu­tive Board changed its policy with respect to these “rescoring fees” and resolved that they should be made to the trust fund instead of to the individual musicians who originally were employed to make the movie film. Ap­propriate changes were subsequently made in die applicable agreements.

12

This change in policy of the Federation did not meet with the approval of Local 47. On September 26, the local adopted resolutions asking that the decision be reviewed, author­izing Cecil F. Read, then a director, to prepare an appeal, retaining counsel if necessary, and asking for u hearing before the Inter­national Executive Board. These resolutions were forwarded lo the President of the Fed­eration who responded in a letter, dated Octo­ber 7, 1955, which said in part as follows:

“The reasons for this policy are well

appropriate at this time-“When motion pictures were produced

under the collective agreements between the Hollywood producers mid the Federa­tion, the musicians employed in the making of those films were paid for their services. Since 1946, the Federation has secured in its collective agreement with these pro­ducers il covenant precluding the use of these motion pictures on television except after the negotiation of a new agreement with the Federation setting forth the terms on which the films might be released for television. This restriction was secured by the Federation for the benefit of all Fed­eration members and not merely those who had been employed in the making of the films.

“Obviously, the Federation could have negotiated agreements releasing the films for television without any further payment from the producers. Instead, we have sought to benefit all of the Federation members as much as possible. Until June, 1955, our agreements relating to release of Holly­wood films for television, required pay­ments to the Music Performance Trust Fund and rescoring fees to the musicians who were employed in the original scoring. Between 1950 and 1955, some $800,000 of such rescoring fees were paid lo musi­cians who worked on the motion picture' films when they were originally produced.

“In June of this year, the International Executive Board, after careful considera­tion of the situation, reached the conclusion that henceforth all of the moneys to lie paid by producers for the right to convert Hollywood films into television films should be used for the benefit of all musicians, since these are the persons who are hurt by the continued use of the canned music embodied in the film*».

“As I stated above, the officers of Local 47 opposed the new policy and expressed the view that the payments should continue lo be made to tlie musicians who originally were employed in the making of these films which are now being released for television. The Executive Board, however, in tlie exercise of their best judgment, reached the conclusion outlined above.” No objection was raised, however, to hav­

ing the local’s viewpoint again presenter! to the Board by Read.

In January, 1956, Cecil Read, who by that time had been elected a vice-president of the local, presenter! the local’s appeal to the In­ternational Executive Board in New York.

He presented not only oral argument but legal and economic briefs. These documents re luted not only to the “rescoring fees” for motion picture films but also to re-use pay. ments where film originally made for tele­vision was reused, and the payments to the trust fund which, under the union’s cx>n tract, were required to be paid at the time records or films were originally made.

The appeal argued that other unions rep­resenting creative artists (such as the actors’, writers' and directors' guilds) have recognized the individual’s rights to individual residual or re-use payments, that wage rates for the musicians employed in recording and in film­making had not increased proportionately to the cost of living or wage rates in other em­ployment. and that the union’s requirement of payments lo the trust fund had the effect of decreasing employment opportunities by increasing the total cost of hiring recording musicians, and thus making it attractive to use imported sound track instead of live musicians. Furthermore, ihe appeal argued, one-half of all payments to the trust fund resulted from Ihe work of Local 47’s memben, but only a ^niall fraction of the benefits of the fund could be received by them. In addi­tion, the appeal argued that the individual performers had a legal right to residual or ro­ust payments which the Federation, as bar- baining agent, had a fiduciary duty to protect

In summing up, the appeal argued:“The Federation’s present position of

’group or contractual' rights in recorded services, established by contracts between the Federation and employers is a weak one. The legality of payments to the Trust Fund under this theory is being questioned by both the employers (record company stockholder suits) and recording musicians.

'The Federation under this theory has lieen unable to deal effectively or directly in any way with those employers in the entertainment and advertising industries who exploit ‘recorded music’ to their own benefit without bearing any of the legiti­mate cost of the music they sell, with the following results:

"1. Inadequate wage scales for recording musicians.

“2. Inadequate share in gross payments, salaries to musicians and payments to the Trust Fund combined, in relation to the gross and net incomes returned to those exploiting recorded music for commercial gain. .

“3. Steadily diminishing work oppor­tunities in the performing of music while

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“At this ]>oint it seems that the Federation has an alternative. The establishment ol ‘individual performance rights’ and elimi­nation of present Trust Fund policies which would strengthen the Federation’s position legally, morally and economically.

“Legally by eliminating a ‘cause for ac­tion' in the employer’s suits, (record com­pany suits under Taft-Hartley Act) and possible action by Federation members or their heirs who believe that they are being deprive«! of ‘property rights.’

"Morally by taking a stand consistent with past Federation policies in regard to re-use, etc., consistent with the position ot

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allied crafts, and consistent with basic common law and justice, 'that the laborer is worthy of his hire,’ as opposed to the ‘communist socialistic’ theory that the group is entitled to the ‘lion's share’ of the in­dividual’s return for his services.

"Economically because a new approach based on the ‘individual’s rights' and the concerted efforts, of our Federation, its mem­bers and other crafts and individuals in­volved, would give us a new and different opportunity to attack the evils of unre­stricted and unpaid (or ‘recorded competi­tion’ at its source. Thus, providing for ade­quate wages and re-usc payments for the musicians whose recorded talents make these industries possible, returning a fairer share of the advertising and entertainment dollar to the music profession; and elimi­nation or lessening of the ‘unfair’ disad­vantage that the live musician now faces in attempting to sell his services in com­petition with recorded series thal have not been paid for.”Throughout, the appeal was couched in

lerms of conformity with the interna) proced­ures of the Union and accepted union practice. Thus, the appeal said:

“Good union practice dictates that mem­bers having problems connected with their employment seek the solution thereof through the processes of the union.

“The Constitution and By-laws of the AFM require, in several specific particulars, the presentation of grievances through union procedures.

“If the Federation fails to act, or acts unfavorably to the positions set forth herein, any or all of those, upon whose behalf this presentation is made, will be free lo pro­ceed further in the protection of their rights as they may deem best, consistent with good union practice and in conformity with the law."On February 16, 1956, Read was advised

by the International Secretary oi the action of the International Executive Board denying th»- requests of Local 47. The International Executive Board’s reasons for denying these requests are stated in its minutes as follows:

“The entire matter is thoroughly dis­cussed and it is found that the various requests have for their ultimate purpose, payments to the individual musicians who did the recording, instead of to the Trust Fund, and diverting the money now in the Fund to such musicians, thus resulting in the discontinuance of the Fund. This would mean thal many musicians through­out the country would be deprived of the little employment made possible by the Fund and for which the recording industry acknowledges it owes an obligation.

“The only ones to benefit would be the recording musicians who are among the best paid members of the Federation and whose mechanical product is the principal reason for the wide-spread unemployment among our other members.

“The Music Performance Trust Fund was established to enhance the public apprecia­tion of live music by furnishing free con­certs to the general public and to reduce somewhat the loss of employment which came about ns a result of the wide-spread use

MAY, 1956

of mechanical music. It has lieen of great benefit to many locals, in which the non­recording musicians of Local 47 also shared, and appreciated by many communities.” The appeal of Local 47 and the action of

the International Executive Board on that appeal, set the background for the meeting of Local 47 on February 27, and, thus, for this proceeding. The Referee wishes to make it clear thal he permitted evidence to be introduced at the hearing on the matters re­ferred to in this section solely for the purpose of providing the background for the issues directly involved in the charges. There has been no investigation in this proceeding into Ihe history or functioning of the trust fund or into the merits of the appeal of Local 47 with respect to the policy of the Federation with respecl lo the re-use of theatrical film, or other payments to the trust fund. The Referee makes no ruling or decision either with respect to the appeal, or as to the justice or injustice of the Federation’s policies. The issues raised by the charges go to the actions of the defendants after the appeal was denied. The question is, in the words of the appeal itself, whether they were “consistent w ith good union practice and in conformity with the law.”

With respect to the background matters herein set forth the Referee finds only that there was a decision of the International Ex­ecutive Board as to the policy to be followed by the Federation with respecl to the re-use of theatrical film, thal an appeal was made by Local 47 to the Board from that decision, that the appeal was heard and denied, and that a general membership meeting of Local 47 was scheduled for February 27 at 1:00 P. M. Io hear a report from Vice-Presidcnl Read on the appeal.b. The Steering Committee

A proper understanding of what took place at the membership meeting of Local 47 on February 27 requires thal the actions of the so-called Steering Committee and the caucus which took place on ihe morning of February 27 at Larchmont Hall be set forth.

in addition to his official action as a di­rector, and later as a vice-president, in present­ing the apjieal of Local 47, Read wa? the leader of a Steering Committee. This com­mittee was first formed in connection with Read’s candidacy-in-September, 1955, to fill the vacancy in the office of vice-president of Local 47, which had been caused by the resignation of Phil Fisher, the International Studio representative. It met, in Read's words, “to discuss certain problems we had in our local.” The Steering Committee continued in existence after Read’s election as vice-presi­dent. At no time, however, was il a formal or official committee of the local, and, indeed, its existence was known only to some of the members of the local.

The composition of the Steering Committee apparently was flexible. Certain members dropped out and others joined it in the period between September, 1955 and April, 1956. Attendance at its meetings varied from as few as five to as many as twenty to twenty-five.

Read acted a? chairman of the Committee at several of its meetings and was its leader. In addition to Read, defendants Toland, Wald, Cram, Ulyate, Evans and Berman were regular active participants. Defendant Rasey became

active in the Committee shortly before •el»- ruary 27.

The actions subsequently taken both at die Larchmont Hall caucus on Ihe morning )f February 27 and the. general membership Fleet­ing on that afternoon wen* planned at nett­ings of the Steering Committee and led by Read nnd other members of the committee. The plans formulated by the Committee were, in fact, carried out, and are, therefore set forth later in this report.

The Committee was not simply a casual gathering of members sympathetic to certain policies. As indicated, it laid and executed detailed plan«, of action. Among other things, ns Read later explained at the Larch nont Hall meeting, it engaged and consulted several counsel, each a specialist in various felds. The Committee prepared not only the specific resolutions which were to be presented to the membership meeting of February 27, but plotted the entire course of action vhich would be taken al these ineetings-

At a meeting of the Steering Committee im­mediately prior to February 27, plans were made for u caucus of certain selected mem­bers of the local lo he held on the morning of February 27. Approximately 300 members of the local were contacted by the Committee by telephone and invited to attend this caucus at Larchmont Hall. In addition, a proccdire was worked out whereby 30 call captains wen* lo be assigned to contact designated members of the local who, in lum, would be requested to contact other designated mem­bers for the purpose of obtaining a substantial attendance by those sympathetic to the views represented by the Steering Committee al the general membership meeting on the aftem jon of February 27.c. The Larchmont Hall Meeting

As scheduler! by the Steering Committee, ihe caucus of selected members of Loca] 47 met in Larchmont Hall on February 27, 1956, nt approximately 10:00 A. M. Approximately 100 of the 300 members invited by ihe Steer­ing Committee appeared at the meeting. De­fendants Read. Berman, Rasey, Ulyate, Cram and Evans were present and participi led in * ihe meeting.

The purpose of the meeting was to lay out the course of action proposed by the Steering Committee. As stated by Read, who < haired the meeting, the purpose was “to brief you |>eople a little bit as to what’s going tc go on this afternoon so il won’t come as a complete shock to you.”

'Ilie plan, insofar as s[>ecified by Read and Evans, comprised the passage of a resolution which had been prepared by the Steering Com­mittee, action against the officers of the local, and a speedy campaign to raise $100,300 for ihe Musicians’ Defense Fund established by the resolutionThe resolution itself, although described and discussed, was not rear to the meeting. There was no doubt, however, from the tenor of Read’s remarks, that the patsage of the resolution was only the opening move in a planned-for all-out fight against the Fed­eration and its officers. Read l>egan hi;i speech to the caucus by defying ihe Federation and sketching briefly the further step« which would be laken after the Federation look the anticipated retaliatory steps.

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ally . . . what we are fighting" is what he called the dictatorship of the Federation.

“So it comes right down to a simple thing, a» to whether we are going to con­tinue to submit to a dictatorship and the domination of a situation of this kind which is contrary to everything that anybody in this country has ever loved and fought for. or whether we are going to stand up and take action and pursue it through all avail­able remedies, including the Courts and the Congress of the United States and public opinion until we gel relief from this situ­ation.”

“The Trust Fund Appeal and the Trust Fund issues, the amounts of money that are involved are tremendous and considerable. The amount of employment that has been lost, the fact that we have not had the pro­tection of our Union is of basic importance. But the only real issue is whether we are going to submit to a dictatorship or whether we are not. It’s just as simple as that. Everything else is a side issue. Fighting the Trust Fund thing in court is the means, it’s ihe tool by which to bring this thing out into the open. Fighting to protect our jobs before the National Labor Relations Board is important, will be the tool to bring this thing out into the open and break it, expose it to the light of day." He then explained that “there is nothing

we can do that would not put us in danger of expulsion from the Federation at this time* but that:

“If the musicians of this local have had enough, if they feel that they want to do something about it, they can—they can. We have every possibility of success on our side. They’ll tell you all kinds of things— that the contracts are with the Federation, you have to be a member of that, the Fed­eration, in order to work with il. This pro­vision of the contract is illegal and will not stand up in court.” .With this introduction. Read then pro­

ceeded to explain that after making his report to the membership meeting on the appeal, he

. would present resolutions authorizing further action “in fact, all action necessary to protect our rights and property of this Union, includ­ing going to Court,” and authorizing the cre­ation of a defense fund.

He then reviewed the possibility that the officers would try to prevent the passage of the resolution by adjournment or rulings from the chair and assured his listeners that these could be overcome by an appeal to the membership present. If an attempt was made by “a representative of the Federation” to sus­pend him, or expel him, Read said, he would appeal to the meeting. .

“They have no right to suspend or expel anyone summarily, and anyone here is En­titled to written charges, a certain specified number of days in which to answer these charges, rebuttal, rehearing, and action, and they can’t do that in one meeting. This is the law."Read went on to explain what action was

contemplated with respect to the officers of Local 47. He said:

“The same is true about the other offi ­cers. They still have a year to run in office. It’s up to this membership whether they

14

want to keep them in office or not. There is no law that can be enforced anywhere that says you have to continue to be rep­resented by people who do not represent ¡rou. You might have to pay them, if the aw sustained a contract, but they’d have

to sue to get the money. Either they repre­sent this membership, and they so state and come out this afternoon, or we’ll ask them to resign (applause). And if they don’t resign, we’ll suspend them this afternoon and impeach them next month (applause).” Read added:

“The legal point involved here is, you do not have to prove malfeasance in office; all you have to prove is that these people no longer represent your thinking and rep­resent what you want.”In answer to an apparent question as to

why action could not be taken against the Federation’s officers, he said:

We work from our structure, we work from our structure. We can’t—I mean, by the very same token the fact that Petrillo has strength is because the majority of the people in the Convention support him. So this is why we are going to have to go to court to sustain our rights in these things, and we are going to have lo go all the way.” In answer to another question, Read ad­

verted specifically to the possibility that the members present at the afternoon meeting would not approve of the fight planned against the Federation, and made it clear that, in that event, other plans had been prepared:

“If the majority sentiment at the mem­bership meeting is in support of the Federa­tion and the officers, or is governed by fear and kept from action, then that will con­trol the meeting this afternoon. We have other plans which I am not at liberty to divulge at this time. We will have to take that step when we come to it.Toward the conclusion of his main remarks

Read instructed as follows: “I must caution you not to repeat anything that is said here this morning before we get into the meeting this afternoon. We do not want to tip any­thing off if we cun help it.” *

In the course of explaining that it would be necessary to raise money to carry on the fight, Read stated, “What 1 am going to do is going to provoke, I believe, instant retaliation from the Federation.” Read explained again that several prominent lawyers had been retained ready to protect the members of the Local against any such retaliation, and he added. “We are in u position to ask ihe National Labor Relation« Board to certify us immedi­ately as the bargaining agent.”

In response to an apparent question as to what would happen lo the funds and property of the Local during the planned fight, Read said:

“It takes time io gel a court action on this, but included in the resolution to re­move—any resolution to remove officers to­day will be a resolution to suspend them pending their removal from office at the next general meeting and to direct them al this time to lum over all records, keys, money, assets to the Vice-President of this Association and other people who will be named as caretakers until the next meeting.” In advising the members aa to how to pro­

tect their rights on their jobs in the event the

Federation should take action against than, Read said:

“If in the event thal the Federation should expel any sizeable group of inus. cians here, or take the local’s charter away from it, which, pray God they do, bccauu that's the best thing that could happen to then we would have to continue offering payments of dues . . .” (Emphasis added.) In response to another question. Read again

touched on Article 1, Section 1, of the Feden- tion’- By-laws, and said: “You arc a hell of a lol safer on the outside fighting this thing than you are in it. os witness what’s happened to your business."

Defendant Evans was introduced to tbe meeting to explain the mechanics of rounding up membership support and of collecting ihe necessary funds for the campaign. He advised that “We have set u call club up and you are all members. That is how you were notified of being here.” He said that checks and re­ceipts for collecting money would be passed out to all of the participants in the meeting, and he warned them not to “flash these at the membership meeting until Cecil gets through with his business. At that point you can start in. And after a while, in Ihe next couple ol days, we are going to get ihe entire—some 3,000 call club in line . . .”

Defendant Cram exhorted the participants at the close ol the meeting lo give and direct support and to contact as many members as possible to interest them in the campaign. Cram explained that Evans and defendant Ulyate were in charge of the money-raising campaign but Evans was the chairman.

At the end of the meeting. Read exhorted: “Get the check« to Earl Evans, to Uun Rase) to Bill Ulyate, or to anybody (hat you know has been in this thing from the beginning.” d. General Membership Meeting of February

27, 1956The general membership meeting which had

been called for February 27, 1956, in order to hear Vice-President Read’s report on the lo­cal’s appeal to the International Executive Board regarding the Music Performance Trust Fund convened al 1:30 P. M.

Notice of this meeting had been given to the membership through publication in the official magazine of Local 47, “Overture.” This notice stated the business to come before the meeting as follows:

“Vice-President Cecil F. Read will make a report to the meeting on his meeting with the International Executive Board, together with the results of his meeting, if he has received an answer to his representations at the time of the meeting.”Defendants Read, Dumont. Cram, Berman.

Rasey, Ulyate. Toland, Wald and Evans were present and participating in this meeting. Those of the defendants who were officers or directors of the local sal on the stage. Tbe meeting was chaired by President te Groen, who turned the microphone over to Cecil Read ut the outset “to give his report on the meeting with the International Executive Board."

Read began by giving a lengthy report on his presentation of the local’s appeal lo the International Executive Board relating to tin trust fund and other matters, and their denial of the appeal.

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I At this juncture in his report, Read put I this question to the meeting:

“Now, what are we going to do? We can meekly submit to these injustices and let Petrillo and Company continue to rub our noses in the dirt, or we can act like free and fearless men and break the power of this

[ immortal dictatorship with which we have been shackled.

I “What can Local 47 do further within the Federation? Nothing. Not a damn thing. Anything we do now will subject us to ex­pulsion from the Federation. As individuals, as a group or as a local. Appealing to the Convention or attempting to change By­laws and rulings of the International Board would be futile. Local 47 has ten votes in the Convention out of possibly 1,500 votes." Read further contended that further action

I within the Convention was futile because un- I der Article 1, Section 1, of the Federation’s I By-laws, “Mr. Petrillo has the power to over- I rale the Convention, change the By-laws, I overrule the standing rules of the interna- I tional Board.”

Read informed the members that he was in I constant consultation with a staff of the ablest I lawyers in this country, and that they had I counselled him as to the legal rights of the I local and its membership in any movement I that they might wish to undertake to attain I their economic and other goals. He said, “It I it their opinion and my conviction that there I is only one thing to do and one way to do it.”

Thereupon, Read presented for the consid- I eration of the membership the resolutions I which had been prepared by the Steering Com- I mittee and discussed at length at the private I Larchmont Hall meeting that morning. These I resolutions are as follows:

“Whereas this association, Local 47, has attempted to protect the rights and in­terests of its members through all channels within the Federation, including the reso­lution requesting a rehearing and review and an appeal from the decisions and rul­ings of the Federation with regard to trust fund policies, and

“Whereas such appeal or request has been presented and has been denied and any fur­ther action in this matter within the Fed­eration is clearly futile, and

“Whereas the A. F. of M. has failed to properly represent the members of Local 47 as a bargaining agent, be it resolved

“That this association authorize and ap­prove that all further actions be taken, in­cluding litigation and other procedures necessary to protect the rights and property of this association and its members, and

“Be it further resolved that this associa­tion authorize and approve the collection of a music defense fund to be under the supervision and direction of Messrs. Cecil Read, Uan Rasey and Earl Evans, and Messrs. Read, Ulyate, Rasey and Evans are authorized and empowered to take such action as is necessary to protect the rights of this association and its members.”It would be necessary, said Read, to raise

immediately at least $100,000 for the musi­cians’ defense fund.

Reading the resolution in the light of the issues involved in the appeal to the Interna­tional Executive Board, and the discussion both at the Larchmont Hall meeting that

MAY, 1956

morning and at the membership meeting it­self, it is clear, and the Referee finds, that its purport and objective was an open revolt, outside of the framework of the Federation, against the Federation and its trust fund policies incorporated into collective bargain­ing agreements. Indeed, the proponents of the resolution made it quite clear that the resolu­tion was a mandate to bring legal action not only against the trust fund but also to oust the Federation from its constitutional role as the collective bargaining representative of the members of the local.

This type of action, Read naturally recog­nized. would bring action by the Federation to protect the trust fund, the Federation’s bargaining rights and the Federation’s con­stitutional status in relationship to its char­tered local. Most of the remainder of Read’s speech was devoted to outlining the course of action which would then be pursued.

He discussed the job rights of the mem­bers under the Taft-Hartley Act and their economic strength because of their ability as musicians. He went on to say that:

“And, besides, we will immediately peti­tion the National Labor Relations Board for certification as bargaining agent in all fields of recorded and filmed music.

“In the election to determine who is to be the bargaining agent, you, the people who are now working in the motion pic­ture studio TV film, records and networks, are the only ones entitled to vote as to who is going to represent you. (Applause).

“And the card-holders in the Federation all over the country who have never worked in these fields, are not entitled to vote in these elections. You may be told that the present contracts have several years to run and you won’t be able to change bargaining agents until these contracts expire. This is not true. I have been told by competent labor counsel that these contracts will not be a bar to new and different certification, and that this will be a matter for the NLRB and the courts to decide.”Read then analyzed the advantages that he

asserted were in store for the local and mem­bers from such a move, and he highlighted the obtaining of the rights to bargain for their own contracts, in the following state­ment :

“What has Local 47 got to gain in a move of this kind? First of all, all bargaining done here and the contracts ratified by the membership, wages, working conditions, re-use payments determined by those in­volved instead of benefits set up for a nation-wide trust fund.”

“The Federation has been grossly negli­gent in this respect and has deliberately rep­resented the majority of non-professional card holders within the Federation instead of the professional musician.”At the conclusion of Read’s report, te Groen

took the floor in opposition to the resolutions. He cautioned the members against precipitate action, and he warned that the demand for court action contained in the first resolution could lead to revocation of the local’s charter by the Federation. He distinguished between orderly internal opposition to the Federation’s policies and open revolt as follows:

“Displeasure with Federation policies and attempts to persuade the Federation to change these policies is one thing, but opes revolt is something else. And the Federa­tion has By-laws under which it can que l an open revolt. And the calling of cuc!i revolt will have most unpleasant results on all of us assembled here today.”The local’s legal counsel, Bagley (who is

also a Vice-President of the Federation) pointed out that there were less than 2.000 members at the meeting. The remainder cd the local’s 16,000 members were completely unaware of the resolutions proposed by R sad, Bagley said, since they had no notice that any such resolution might be presented to the meeting in the official notice that was pri ited in “Overture,” which referred only to Read's report and to one other matter not germare In this subject. Bagley also warned the member­ship, as te Groen had done, of the danger 1» the local and to its right to retain its charter if the resolution were to be adopted. Read countered these warnings by saying the po­tential charter revocation is “an empty threat” since the Taft-Hartley law would be available to protect the jobs of the members. He then restated the view which he had already pre­sented that withdrawal from the Federation would be the best course of action, in the following statement:

“I believe that the best thing that could happen to us would be for us to withdraw from the Federation. And I’ll tell you why. Because under this immoral, illegal A tide 1, Section 1, they claim they can do any­thing they want to. I believe that the best thing that could happen to us would lie to have them expel us as a group.”

“I think that if the Federation attempts to organize another local in this jurisdiction we will immediately, in fact, we will im­mediately, anyway, petition the National Labor Relations Board to hold an election to determine who is the bargaining agent in this jurisdiction.”President te Groen, following advice from

legal counsel Bagley that it would be illegal to consider the resolution at this meeting be­cause of lack of proper notice to the me nber- ship, stated that the resolution should lie re­ferred to the next general membership meet­ing, and he ruled further consideration of the resolution at this meeting out of order. The ruling of the chair was appealed to the membership, in accordance with the plans laid at the morning caucus, by defendant Her­man, and the members present voted to over­rule ihe chair. Thereupon, the resolutions were adopted.

Following adoption of the resolutions de­fendant Rasey raised an entirely new subject. In accordance with plans which had been laid in the Steering Committee meetings, he brought up the article in Daily Variety deal­ing with a resolution which had been adopted by delegates from 29 locals of the Federation at the then recent 18th Annual Conference of Locals from California, Arizona and Nevada. In this resolution the delegates unanimously supported continuance of the Music Perform­ance Trust Funds and attacked the efforts of those who were seeking to destroy the funds. The delegates who represented Ixical 47 and

15IAN

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who signed this resolution were te Groen, Hennon, Hall, Kelly, and Shugari. Rasey ac­cused these delegates of acting in direct op­position to the position adopted by the local in September, 1955, which sought by appeal within the Federation lo recapture for the individual musicians the “rescoring fees” paid to the trust fund. Rasey concluded that they were therefore acting contrary to the will of the membership of the local.

Paul* explained that the resolution was im­properly reported in Daily Variety and that the intent of the resolution was perfectly con­sistent with Local 47’s position. He pointed out that the resolution was only aimed al those who by court suits and other means, were seeking the entire destruction of the trust funds, whereas the position of Local 47 at that time had always been that the trust funds were perfectly sound and the primary objection thereto was the re-negotiation of rescoring and other fees from musicians to the funds.

Rasey indicated dissatisfaction with Paul’s explanation, and demanded the resignation of the local’s delegates who signed the contro­versial resolution. The formal request of resignation, which had been prepared al the Steering Committee meeting follows:

“In view of what has been brought up here, the unusual action of our delegates, voting against the unanimous approval of our membership, I submit, Uan Rasey, that it is the sense of this meeting that the president, the recording secretary, the fi­nancial secretary and the public relations man of this local no longer truly represent the expressed will of this membership. Con­fidently, I say, 1 ask and I demand that at this very moment they resign Rasey’s request was refused by Paul on

the ground that hr was a duly elected official of the local who could be removed only through the specific removal procedures pro­vided for in the local’s by-laws, tc Groen and Hannon refused to resign on the same grounds.

Read disputed Paul’s contention that he was not subject to summary removal. Hr cited a decision of the California Supreme Court which, he said, ruled that a membership meet­ing had the right summarily to remove officers who no longer represent them. He added:

“There is no question al this time of malfeasance or impeachment. There is only the question of removal from office ¡lend­ing final action to be taken at a special or regular meeting called for that purpose, of which the entire membership has to be notified five days in advance by mail.” Read then moved adoption of the resolu­

tion which had been planned by the Steering Committee and discussed . at the morning caucus ut Larchmont Hall:

“ ‘That John te Groen, Maury Paul dnd Bob Hennon be suspended from acting and from their office pending final decision at a special meeting to be called for that pur­pose two weeks from today at 11:00 o’clock at night’

“I should also like to include in this mo­tion that the membership meeting instruct John te Groen, Maury Paul and Bob Hen­non to turn over to Cecil Read, as vice­president, becoming acting president, to

*Maury Paul, Recording Secretary, Local 47.

16

Martin J. Berman, as temporary secretary, and to Earl Evans as temporary treasurer, the assets, the papers, the records and all other property of this association for their caretaking.

“And I would also like lo have this mem­bership instruct John te Groen and Maury Paul and Bob Hennon to sign a power of attorney turning over the responsibility to these three men for the caretaking of the assets of this oganization."Bagley and Phil Fisher, a member of the

local and the International’s studio representa­tive. stated their opinion that Read’s suspen­sion resolution was entirely null and void be­cause of the lack of any charges, trial and fair hearing and proper advance notice to the membership as required by the local’s By-laws.

In justification of hia position. Read re­torted :

“But I am afraid that if they remain in office after what has happened here today, they will obey any orders sent out by James Petrillo or the Federation und will be put in a position of stopping, annulling and setting aside the will of this membership.

“And if there is n technicality about it, the will of the membership is final. And let them sue us in court about it later on.”Paul pleaded with the membership for a

fair hearing in accordance with the local’s By­law- before any suspension action was taken against him. Hennon, the Financial Secretary, pointed out that no matter what action the membership meeting might take against him, he would be in violation of his oath of office and trust if he were to relinquish any of the property and records in his custody without the requirements of the By-laws and due process first having been met in connection with action against him. Accordingly, he said that he would refuse to turn over the property and records held by him until appropriate procedures were followed. He also informed the meeting that he would refuse any requests by the Federation for such property and rec­ords unless • the request were properly grounded under the Constitution and By-laws of the Federation.

At this stage, a compromise was suggested by defendant Berman whereby the officers would be replaced in Read'«- resolution, but would continue to perform their duties and receive their salaries, but would act under the supervision of the persons named in Read’s resolution. Read proposed an alternative com­promise under which te Groen would volun­tarily suspend himself until formal charges might be brought against him and the other officers would retain the full powers of their offices.

Under this arrangement Read, of course, would succeed to the presidency for the period of te Groen’s voluntary suspension. This com­promise was refused by te Groen. Read then announced to the meeting that in a private conversation on the stage he had asked te Groen whether he would obey instructions from the Federation and President Petrillo if such instructions conflicted with the position of Local 47, and te Groen indicated that he would obey such instructions. Thereupon. Read moved “that John le Groen temporarily be suspended as president until such time as

formal charges can be prepared and presented I under our By-laws by the membership.”

Immediately, a question was asked from th-1 floor: “What are the charges?” Read replied. I in substance, that there were no charges, that I there was no claim of malfeasance or anything I of that sort. What they were trying to do, hi I said, was to prevent the officers from obeying I any orders that might come from the Federa I tion. That, Read said, was something whid I could not be risked.

Fisher repealed his prior advice that since I the membership was not notified of any con I template«! suspension action against te Groen. I Read’s last motion was illegal.

te Groen ruled Read’s motion out of order I and Read appealed the ruling of the chair. I te Groen was still nominally in the chair, bin I Read called for the “ayes” in favor of over-1 ruling the chair. He was drowned out by thr I audience, which apparently was in a state o! I turmoil. Then someone called for a standin' I vote and, after further discussion. Read at I tempted to take such a vote. But, nt this point. I someone called for a secret ballot, and further I turmoil ensued. At first Read said a secret I ballot was not necessary on such a motion, but I he acquiesced in it when Bagley said that the I By-laws required u secret ballot when re- I quested by any two members. Read then at-1 tempted to .set in motion the procedure for a I secret ballot by the distribution of ballot I forms, but then abruptly interrupted it, be I cause of the confusion. As Read later said. I “the meeting was pretty much in an uproar' I and the circ*mstances were such that he could I not conduct a secret ballot.

Read then put the question of over-rulin» I the chairman to a voice vote and declared il I carried. This was immediately followed by a I voice vole, again ruled by Read to have cai I ried, suspending te Groen.

In answer to questions by the Referee nt th I hearing. Read testified that at the meeting I “there was nn air of general confusion at that I time.” As he said:

“At this time the meeting was preW I much in an uproar and it just did not seer I possible that we could do anything othe* I than to go ahead with the action that wa- I necessary lo be taken nt that lime, that 1 I felt was necessary to be taken al that tim I lo protect the local.”The printed checks payable to the Musi-1

cians Defense Fund, which had been prepared I by the Steering Committee und discussed at I the morning caucus, were then brought out in I the open and distributed. Defendant Ulyatr I took the floor and appealed for contributions. I announcing that he and Read, Evans and I Rasev would be in charge of the fund.

The meeting was concluded with an appeal I by Ulyate for contributions to the Musician« I I)efeiise Fund and announcement was madf I that Read, Ulyate, Rasey and Evans would be I in charge of handling thc-r funds. The meet- I ing then adjourned.e. Board of Directors Meeting of February 28. I

1956The next regular meeting of the local’s I

Board of Directors was scheduled for Febru- I ary 28. the day after the membership meeting- I Read called the meeting lo order at 10:00 I . A. M.. stating: “I am acting under the tw I thority of the By-laws of Local 47, as vice-1

(Continued on page thirty-six)INTERNATIONAL MUSICIAN I M A Y »

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• NAOUM BLINDER, concert master of the San Francisco Symphony, has literally span­ned the world in his tours as concert violinist.

• DOROTHY ZIEGLER, first trombone of the St Louis Symphony since the Fall of 1944, comes by her choice of career naturally. Her father led » all-girl band in Muscatine, Iowa (her birthplace).! and whenever he needed an instrumentalist of any

Miss Ziegler won scholarships first to the National Music Car then to the Eastman School of Music. She was the youngest meml

high school competition for pianists. A year later: she was winner in both the trombone and bassoon divisions.

Born in Lutzk, Russia, he had graduated from the Imperial Conservatory ol Odessa (where he studied under Alexander Fiede-

appean Prades silver a thinks, is colle»

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i> He hi'l «.i- engaged In tin Ojiera < «mqum JNaples, then, after other engagements, he becam successively solo harpist with the Cajie Towrl

(Africa) Syinphony, and the Johannesburg Symphony. On comind to America, he was solo harpist with the New York Symphony unde Damrosch. He was subsequently associated with the Chicago Open Company, the Cleveland Symphony, the Chautauqua Symphony, aw] the N.B.C. Symphony. Besides being solo harpist with the Baltimon I Symphony, fie is a faculty member of the Peabody Conservatory oil Music. Mr. Pizzo is a collector of old harp compositions and anec l dotes about harps.

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• JOI York disling played paterm achieve tor am nf nine the fhil of And studied

lerpign io 1927 nini Cu

man) before he had completed the fourteenth year of his life. Then on to Manchester. England, and its Royal Academy of Music, where he was a pupil of Adolf Brodsky. From 1911 to 1920 he filled th post of professor of violin in the Imperial Conservatory of Odessa, and from 1920 to 1927 occupied the position of professor of the Moscow Conservatory. Then in 1921 the global journeys began with a tour of all Russia, when he was soloist with orchestras of Moscow,

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Leningrad. Odessa. Kief and Charkoff. In 1926 he gave six concert; in Constantinople and one in Turkey. In 1928 Japan became his field of endeavors. /After presenting concerts in all of the important Nip ponese centers, he came to America via Honolulu. He made his debut in Carnegie Hall and recitals throughout the country until he became in 1932 first desk violinist of ihe San Francisco Symphony. He also

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of the All-American Youth Orchestra with which Leopold Stokowski toured South America. Before coming to St. Louis to assume her present post she spent two summers at the Berkshire Music Festival and n season with the National Symphony Orchestra in Washing­ton, D. C.

Since taking up permanent residence in St. Louis, Miss Ziegler has spent two summer seasons as pianist with the Chautauqua (New York) Symphony and another as first trombonist of the Hollywood Bowl Symphony. She has received her master of music degree, in piano, from the University of Southern California and spent one summer in France as a student of the noted concert pianists Robert ind Gaby Casadesus. She has appeared both as piano and trombone soloist and recitalist in St. Louis, has been active with operatic organi­zations, and recently capped her busy schedule by doing work in music ¿herapy state mental institution.

• JOHN WUMMER, solo flutist with the New York Philharmonic Symphony, comes of a distinguished line of musicians. His father played both trumpet and trombone, and his paternal great-grandfather. Hans Herrlein. achieved fame in Europe as a choral conduc-

Itimor? s earit ‘her, a

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Town I ‘orninil unde I t°r an^ organist. Pennsylvania-born, John studied violin at the age Opera I of nine, later adding piano and theory. At fifteen, he decided that

y. ini the flute was his instrument, and spent the next three years as a pupil timonl of Andre Maquarre, a member of the Boston Symphony. Later he ory oil studied with Georges Barrere.

anec | With his appointment as solo flute of the Detroit Symphony I under Ossip Gabrilowitsch in 1924, John Wummer’s orchestral career | began. Toscanini called him to the NBC Symphony in 1937, and the I New York Philharmonic-Symphony appointed him to his post in I 1942. He has been heard as soloist many times since.

In great demand as a chamber music player, Mr. Wummer has I appeared with many groups in America and Europe, notably the

^^| Prades Casals Festival. He owns three flutes for concert work, of gold, |F | silver and platinum. The gold instrument is best for general use, he y | thinks. He also has several old flutes he plays for fun. Another hobby F | is collecting old manuscripts and rare editions of flute music.

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• MARTIN ZWICK, solo clarinetist with the Utah Symphony Orchestra under Maurice Abravanel since 1949, studied with Simeon Bellison of the New York Philharmonic; Daniel Bonade of the Curtis Institute and Juilliard School of Music and Andre Vacellier of the Opera Comique and Con­certs Colonne Orchestra in Paris, France. Born in New York, Mr. Zwick, had four seasons training in the National Orchestral Association under Leon Barzin, received a “License de Concert” on gradu-

ation from the Ecole Normale de Musique in Paris and the degree of Bachelor of Fine Arts in Music from the University of Utah. He toured with the All-American Youth Orchestra for two seasons under Leopold Stokowski and has played with the Hollywood Bowl Symphony Or­chestra, the Werner Janssen Symphony Orchestra, the Ojai Festival Orchestra under Thor Johnson and the Los Angeles Philharmonic Orchestra under Alfred Wallenstein.

• JOHN W. MACK, first desk oboe of the New Orleans Philharmonic, was a pupil of the famous I Marcel Tabuteau and uses the oboe Tabuteau used in the Casals Festival of 1950. He himself has played at the Casals Festivals at both Prades and Perpignan. He was born in Somerville, New Jersey, I•n 1927, graduated from Juilliard School of Music ———and Curtis Institute. He has also played with theNational Orchestral Association and the Sadler’s Wells Ballet Orches- ba. His hobbies are reed making and home machine shop work.

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The days at the morn and the lark’s onthe wing;

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and restricted we may bungle ouropportunity to contribute on a larp scale to the peace and happiness of tbeworld. We sincerely urge every oat

sing—of you to conform tu the uniform siyour respective group and that you abide by all the rules and regulations.’

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Lets give them a taste of the cowboy’sSehirch and William Wied when Local

refrain—144, Holyoke, Massachusetts, recentlt

There goes that telephone ringing again!You cant make your lesson? Your

fingers are soreFrom trying to screen the front win­

dows and door?

The pegs stick with dampness—Oh, let’s play ping-pong!

—Ted Agrimont,Local 40, Baltimore, Md.

Charles Keller, president of Local 135,Reading, Pennsylvania, gives some prac­tical advice in his column, "The Presi-dent’s Score, in that local’s bulletin,The Major Chord: "The big outdoorseason will soon be in full swing again, he writes. .. ............................Picnics, festivals, summerconcerts, dancing under the stars. Someare paid for by organisations, some by the city government appropriation, andsome by the Trust Funds of the Record­ing Industry. A large amount of money is earned by our musicians during thisseason, more than enough to make allof us realize that it is a very importanttime of the year. Musician» shouldnever treat their engagements lightly.Some of our members are of the opinionthat on a warm summer evening it isappropriate to wear a sport shirt withshort sleeves, open at the neck and notie. We have seen others wearing longsleeve shirts and having the sleevesrolled up to the elbows.a healthy situation for the music busi­ness. When we take a twenty minuteintermission, moreover, it should beexactly that and not even one minutelonger. At the time, these things mayseem trivial, but in the long run, theyare of the utmost importance to ourorganization.

We need all the employment we canget. Each one of us should be an am­bassador of good will. The musician has an opportunity to do a fine publicrelations job. The problem of profes­sional musicians in the struggle againstthe various mechanical reproductions isa very serious one. Through our work we have a chance to instill in the mindsof the people a desire for more con-certs, dances, and such, by live musi-cians ... If our concepts are narrow

held their fifty-fifth annual banquet aToto’s Restaurant in that town. On thaloccasion these two outstanding officers-the former recording secretary for thirtyeight years and the latter financial sec­retary for thirty-six—were presented byPresident Charles Wall with bronze en-graved walnut plaques. Mrs. Hei« Downing Ezold, vice-president of Local1'14, was chairman of the event whickwas attended by Mayor Edwin Seii*land and his wife of Holyoke, as well aby 400 members and guests.

May both Schirch and Iried hutmany more years of usefulness!

Four locals have their birthdays tai-month. On May 4, Local 144, Holyoke.Massachusetts, will be fifty-five yearsold. On May 25, three locals will read this happy anniversary: Local 141

Local IKWorcester, MassachusettsLorain and Elyria, Ohio ; and Locai147, Dallas, Texas.

Harold Hummer, who served as «cretary of Local 237, Dover, for sevenl years in the inid-twenties and has beet a member of the Federation for oratwenty-five years, writes us, “I shouldlike to read a little something about musical doings in the International Mu­sician while I am still on earth. Aflowery obituary just doesn’t appeal to ___ Well here goes, then: Brother Hummer was employed as pianist aad organist in moving picture theatres » Pennsylvania and New Jersey for fifteayears; he has composed some sera marches, fox-trots and such; and he wa among the first to broadcast. The broad- casting stint took place when he wis leader at the Lyric Theatre in Summit New Jersey. He took the orchestra to Newark, New Jersey, and on Flag Dtj-June 14, 1922, played a half-hour oraWÖR . . . How’s that, Harold?

Local 11, Ixtuisville, Kentucky, ha* ‘ young lady member with the astonuk ing name of Ola Miracle. But what a still more astonishing are her acco* plishments. Ola, in her early twenties is married (she is Mrs. S. J. Collin»»her wifely role) and has a three-y named Stephen Foster Collins whopiano and accordion. She has also for four years a practicing lawyer,her offices in The LouisvilleBuilding. Moreover, she plays re

Dan 1 received L Cliffo passed o trumpet Spnphoi my man: ol the ' twenty-si interest« them al really k week at which se enters th by two

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with different bands and as solo ac­cordionist. This is the astonishing triple life” of thia accomplished “Mira- de” of Local 11!

If you have a million friends You have none to spare

But if you have one enemy He'll turn up everywhere.

—From George W. Snyder’s column in “The Major Chord,” the bulletin of Local 135, Read­ing, Pennsylvania.

•ur great a large

ss of the ery oh

I form oil hat y«l Lit ions. I

mond A n Local recently i<|uet d On tbatl Lcerr-I ir thirty I rial aec I nted hl >nze et I

Helal 4 Loew] t white I

SeibeI well a-1

Dan Tetzlaff, our trumpet columnist, received a letter from his friend Ivor L. Gifford, last month, which he kindly

I passed on to us. Clifford, who is second trumpet of the Durban (South Africa) Symphony Orchestra, writes, “Among my many activities here, 1 am conductor of the Municipal Bantu Brass Band— twenty-six Zulus—and I find it most interesting. I have to teach and train them all from scratch, but they are really keen. We gave a concert last week at one of their Location Halls, which seats about 850. Every man who eaters the hall is immediately searched by two of their own Zulu Police for

such instruments of battle as knives, daggers, bicycle chains or clubs—which are used freely in settling any heated argument. On the evening of our con­cert one was stabbed and thrown out of a third floor window. However, all this appears to be a part of their normal way of life (or death!).”

• • •Much luck to you, Ivor, with your

Zulus, but please don’t invite us over for a concert!

Accordionists are famous for their versatility, but here is one who filled an unusual engagement indeed. Re­cently the members of the Joint Com­mittee on State Administration in Massachusetts chipped in and paid accordionist Mabel Biagini to play works that were up for possible choices as the official state song. She played through three songs each bearing the title “Massachusetts,” one entitled “All Hail Massachusetts,” and one already published as “The Song of the Berk­shire Hills.” The committee is still try­ing to decide which is best.

March 29 was “orchid night” at the Rochester Philharmonic. All newly

signed up members on the subscription series received an orchid especially flown from Hawaii for the occasion.

Local 5, Detroit, Michigan, relays to us through The Keynote, their official publication, that Del Delbridge, Jr. saw the following statement in a recent issue of Look, by author Shannon Fife, “Diplomats should emulate musicians in never conducting foreign overtures with­out knowing the score.”

An orchestra arranger, wanting to get together with a fellow musician, wrote him the following note: “Luncheon at the same place—key of G.” His friend was there—at one sharp.

From Official Bulletin, Local 153, San Jose.

The San Diego Sound Post in its “Sharps and Flats” column lays us flat with this one, from the pen of Vic Spies: “It seems that a young boy of Chinese and Mexican ancestry lived by Donzelli Point, California. A light­house, known as Donzelli Light, is lo­cated at the Point. The boy's parents were named Mr. and Mrs. See, and

Gene Boochar

they christened him Jose Kanu—which makes him Jose Kanu See by the Itali- zelli Light. Hmmmm.”

Vic Buynak, of Local 4, Cleveland. Ohio, tells us that a good old-fashione I re-union party was held recently al Gene Beecher’s home for members and ex-members of various Beecher orches­tras.

(Continued on the following pagt)

lys this [olyoke.! yews 11 read il 141 al nd

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Over Federation Field(Continued from preceding page)

scientist in Lucknow, India, claimsthat plants hate an ear for that

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Philadelphia,member of Localwants to remain anonymous

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I have a hunch, sometimes, don’t you The orchestra does something, toof

Huntsmen found a bell in the stomach of a leopard shot near Dambulla, Cey­lon. A villager claimed it. He «aid it had hung round the neck of one of his cows which disappeared.

—Reuters Dispatch.

So much is made of conductors now­adays, that the following little skit has its point. It’s refreshing to learn that someone is willing to put a good word in for the lowly instrumentalist in the orchestra. Because he lielongs “in the ranks” the writer of the following, a

various “unions’* and their rights within their district protected. The organiza­tions' weaknesses were, first, their mu tually competitive spirit, the memben of one group not allowing those * anothei to render musical service is their district, and, second, their du criminatory attitude in regard to men- tiership, this privilege being often hered­itary and as hard to obtain as is no« n «eat in the Stock Exchange.

Joseph F Pizzitola. a member of Lo­cal 144, Holyoke. Massachusetts, 1« over forty years, and leader of the Plectro-Accordion Symphony which he organized in 1928, has been invited to take his group to London to play fw the Banjo, Mandolin and Guitar Guild of England. Mr. Pizzitola ha’ played banjo in the Springfield Symphony tinder the late Dr. Alexander Leslie «nd with the Second Regiment Band unde Lt. Charles B. Farnam. He i- a P«* president of the American Guild of Fretted Instruments and a former me» ber of the board of directors of Local 144. He has been instrumental through­out his career in the teaching of over 3,000 music students, and nt present continues this work, with studio» ia Holyoke, Springfield, und Northampton­Massachusetts .4 pleasant journey !» | you. Brothel Pizzitola!

(Continued on page thirty-four) I

INTERNATIONAL MUSICIAN

the most part involves instrumentation The new band calls for five trumpets, three trombones, five reeds including baritone saxophone, bassmun to double on horn and strings, two drummers, one to play bass drum and cymbals and the snareman fo carry full trap equipmer' such as one finds on the musical comedy shows today. This is certainly mod­ernizing the circus bund completely, and that seem« to be the general idea.

Somehow this reminds us of the music that gets lodged on disks. However, it isn’t so easy to claim one’s own in the latter case.

Harry Bigley, in his column. “Ca­denzas” m the Pittsburgh Musician, n- lates, “When the Greatest Show oe Earth, the Ringling Brothers Circus, left Sarasota in April and embarked on its 1956 tour, one of the show’s all-time fixtures remained behind in retirement. Merle Evans, the musical director fw more years than most of us can re­member.” He goes on to say, “The man­agement didn’t have to look far to find Merle’s logical successor as Izzy Cer­vone. a member of Local 60. Pittsburgh, Pennsylvaniu has been anything but « stranger to the circus world through the years. Mr. Cervone has a definite job cut out for him and that is to give the

how a little stickout anything so slick!

any rules or laws, receive the whole applause

Chet Arthur, secretary ol Local 399, Asbury Park, New Jersey, has happy news for us in the announcement that Julius Katchen, a member of that local and one of our well-known pianists, is returning from his European tour with his bride. He and Arlette Patoux were married in Paris, Frmce, on April 10. Since 1948 Mr. Katchen has made ex­tensive concert tours throughout the United States, Asia, South Africa, Aus­tralia, New Zeland, and South America in recital and with leading world or­chestras. The couple have not yet made plans where they will reside However, it is a safe gues« that Mr. Katchen will now have a touring companion.

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The Duluth Symphony (Herman Herz conduc- SE A SON’S CLOSE tor) closed its season April 20, with an all­

Sibelius concert, honoring that composer's nine­tieth year . . . Jacques Singer closed the season of the Indianapolis Symphony Orchestra March 25 “with an exclamation mark, not a period,” according to a local critic . . . Leon Fleisher was the piano soloist with the New Jersey Symphony at the closing concert of its season April 24 . . . The Worcester (Massachusetts) Youth Orchestra presented the closing concert of this season—its ninth since making its debut under Harry Levenson's direction—on March 9. The critics described the concert as “solid, impressive and worthy.”

World premiere of a new symphony by Paul Creston, PREMIERES commissioned by the National Symphony for its

twenty-fifth anniversary season, was a feature of the April 4 concert of that orchestra under Howard Mitchell ... A work composed by Teo Macero was performed April 21 by the Columbia University Orchestra in New York City under the baton of Howard Shanet. It was “Concerto for Jazz Combo with Student Orchestra” and had been commissioned by this group ... The New York premiere of The School for Wives by the Swiss composer, Rolf Liebermann, was presented by the New York City Opera Company on April 11 during its Spring season . . . Leopold Stokowski, gave the first American j>er- formance of the Carl Orff choral work, The Triumph of Afrodite, at the April 2 concert of the Houston Symphony . . . The Louisville Orchestra, under the direction of Robert Whitney, has been awarding commissions to outstanding composers throughout the world since 1948, and has presented 113 world premiere performances of these new works. All of the commissioned works are given at least three subsequent performances by the orchestra and are then recorded and released under a special subscription record series plan. Recent composers to receive commissions have been Colin McPhee, Niels Viggo Bentzon, Roger Goeb, Herbert Elwell and Klaus Egge . . . The Hartt Opera-Theater in Hartford, Connecticut, produced two world premieres in a double-billed performance early in the current month. Miranda and the Dark Young Man by Elie Siegmeister was premiered along with Arnold Franchetti’s Game of Cards.

The New York City Opera Company which CURTAIN CALLS closed its three-week spring season April 18,

included Walton’s Troilus and Cressida among its special events . . . American opera groups from all over the United States met in mid-March in New York to discuss problems of their craft. The Central Opera Service, as it is called, put on a full day of “do-it-yourself” demonstrations of opera production techniques and devices, as well as a two-day conference. Boris Goldovsky of the New England Opera Theatre demonstrated the use of the microphone and loud speaker as aids to musical and acting ensembles, and Tibor Kozma of the Metropolitan Opera, with the aid of four young singers, examined the merits of various English translations of opera. These were only a few of the offerings of the three well-packed days . . . Clarence Cameron White’s opera, Ouanga, on a Haitian theme, will be presented by the National Negro Company at the Metropolitan Opera House in New York City on May 27.

In its fifty-fourth season the Minneapolis Sym- SEASON 1956-57 phony will present two choral works: the Verdi

Requiem and the world premiere of a composition by the orchestra’s conductor, Antal Dorati: The Way of the Cross . . . The Griffith Music Foundation of Newark, New Jersey, has rounded up a series of famous symphonic groups for its 1956-57 season: the Vienna Philharmonic on December 4; . the Boston Symphony on

(Continued on page twenty-six)

MAY, 1956

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The podium Schwieger is intense. In pre- j wring a concert, he marks the scores pains* takingly. When occasion warrants, he gives separate section rehearsals. He rehearses with the whole group four, five times. A fervent worker, he explains each step meticulously to his men. Through a sort of acrobatic mes­merism he draws the various elements of the orchestra into a concerted pattern. Every motion has meaning; every direction is perti­nent

Schwieger*s podium work is also dramatic. Perhaps this is why, on “purely orchestral” nights of the Kansas City Philharmonic, of which he is permanent conductor, the seats of the Music Hall are as full as when a soloist has been engaged. They have taken to calling these nights “conductor concerts.” They send in letters asking for more such concerts when they can view the orchestra “as a musical in­strument without the fanfare surrounding soloists.”

An instance of Schwieger’s thoroughness occurred in 1947 when he was developing Fort Wayne’s Philharmonic Orchestra. He pre­sented Gabriel Pierne’s Children s Crusade which has a score so complex that it is seldom given even by major orchestras. For this project, he had to deal with, besides this (at the time) semi-amateur orchestra, an adult chorus of more than 200, a children’s chorus of more than 180 and soloists. With the limited budget, only one full rehearsal was possible.

Th« Indefatigable

So one day Schwieger would go to a grade school, the next to a factory, the next to’ a ladies’ club, the next to the church of an Amish Colony in nearby Berne, coaching to as near perfection as isolated group practice permitted, children, teachers, factory workers, salesmen, engineers, bank clerks, housewives. Every page of music of every single instru­mentalist he marked for fingerings, for posi­tions, for up- and down-bowings (in the strings), for crescendos and diminuendos, for tempo variations. Then he would tell them, “Go home and practice.” Later he got them

24

together by sections and went from one room to another listening, to the strings for awhile, then to the woodwinds and the brasses, criti­cizing, explaining, clarifying. Then, on April 28, 1947, he sweated through the one re­hearsal allowed him, fitting the mosaic to­gether with infinite care. At the concert the next two nights the audience in sold-out Quimby Hall rose as one man and cheered.

Far from being elated with this reaction, Schwieger told reporters, when they asked him was he satisfied, “No! But I’ll do it better another time. If not here, in another city!”

Early Trials

The mixture of professional thoroughness and youthful exuberance which is Mr. Schwieger on the podium—the drive, the con­fidence, the ability to instil faith and to generate energy—are qualities formed through a series of life struggles guaranteed either to bring out the best in a man or to subdue him completely. Up to the age of twenty-five his could have been the life of any promising conductor. Born in Cologne in 1906. he was reared by an aunt, since his mother died when, he was three and a half years old. He began the study of music at five and pursued it ardently even in the face of his father's oppo­sition. One surprising item: he traveled ail over Germany as a boy soprano, taking the “female” lead in Haydn’s Der Apotheke. He reinembers enjoying especially the curtain calls at the end when he could remove his wig and take the bows in his real character.

There were certain trying episodes of his early life—the scene, for instance, when his father tore to bits concert tickets the boy had purchased, furious at his son's persistence in following music. It only made Hans stouter in his purpose. Attending a Wagnerian opera

, —Tristan, it was—with his aunt when he was twelve, he conceived the notion of how grand it would be to conduct one’s own composition —as Wagner did! A composer-conductor— that was what he would be! As soon as he got home he started right in composing little pieces, all of which have since been lost to fame. The ambition to become a conductor, however, persisted.

Now came his matriculation at the Univer­sity of Cologne in line with his father’s wish that he study law, and his graduating instead

with a degree in philosophy. There came hit engagement to Elsbeth Bloemendal, daughter of a Dutch Jew, head of a manufacturing con­cern in Cologne. There came his matricula­tion at nineteen at the University in Bonn to study for his doctorate in philosophy; his meeting there, at a Beethoven Festival with Erich Kleiber, then conductor of the Berlin State Opera. This brought about a sudden pushing back of boundaries. To his joy, Klei­ber invited him to come to Berlin as his assist­ant at the State Opera House. He held the post for two and a half years.

Successively thereafter he was appointed, first, as conductor in the opera house in Cassel and then at the opera house in Augs­burg. In the latter city was produced for the first time, under his conductorship, the Augs­burg Festival Play, Am Rolen Tor (At the Red Gate) which utilizes the wail and portals of that ancient city as stage sets.

At the age of twenty-five, he got his “lucky break.” He was chosen out of 135 candidates —many older and better known than he—foi the job of Director of Opera and Symphony in Mainz. He became also director of the Mainz Choral Society, one of the more im­portant choirs in Germany.

Now he was so sure of his future that he married Elsbeth Bloemendal. Certain con­tingencies were nevertheless to be faced: her Jewish descent and Hitler’s coming into power about thal same time.

As Schwieger had expected, he was sum­moned before the city authorities—in his posi­tion he was a civic employee—to establish his “racial purity.” This accomplished to their satisfaction, he was yet not to be left in peace. In what seemed to be casual conversations, he caught mysterious references, and was the recipient of anonymous warnings. Finally

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INTERNATIONAL MUSICIAN

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teaching at the (Jeno Academy in Tokyo and conducting the Imperial Orchestra to get him to America. The United States Consul in

came his abrupt dismissal from his conductor­chip* >n Mainz.

months’ time there—“Always the thought oh-

Schwieger. leaving most of his belongings and practically all of his money behind, to make it appear as though he were only off a concert tour, started for Japan. After six

There were no jobs even outside

Came Deceinber 7, 1941. and Pearl Overnight Schwieger, as a German

fore unsuspected brain tumor.Olga Samaroff Stokowski, that guiding star

to ‘so many y oung musicians, lea the dazed Schwieger away to her New York apartment. Later she took him to s]>erid u recuperatory month al her summer home in Connecticut.

become attitude

rived in California. He had no prospects, but he had a houndlcs« sense of freedom.

Tokyo expedited matters, and, on March 4. 1938, as a young man of thirty-two, he ar-

Now for two and a half years Schwieger wa« without a regular job. Isolated guest en­gagements were only stopgaps. Furtwangler, for one. tried to help him with a guest con- juctorship of the Berlin Philharmonic. But finally even the guest conductorships stopped. At the last one—he was directing an orchestra at Krefeld—a mutter in the audience rose to

sions and political upheavals; experienced money drouths and climatic changes in popu­larity.

Its history traces back to 1938 when a com­mittee composed of members of Local 34 n et to consider giving a pair of concerts, as a “feeler" and stimulator to the people of Kan­sas City. After six weeks of rehearsals w .th no pay.) under the leadership of Arnold Volpe.

selves I breathe I hough. Harbor.

harmonic-Symphony nt the Lewisohn Stadium series two summers, with the Chicago Orches­tra in Grant Park and in Orchestra Hall. He had returned for guest-conductorships in Ger­many, appearing twice in the Spring of J 950 on the podium of the Berlin Philharmonic.

Then, in 1948, he became conductor ol the Kansas City Philharmonic Orchestra.

This orchestra, it would appear, is one cut oul for Mr. Schwieger. It, too, has weathered economic squalls, passed through wars, rxes-

Returned lo New York. Schwieger joined the staff of the New York City Center of Music and Art. In the Fall of 1944 he became con­ductor of the Fort Wayne Philharmonic.

passed to the street to safety.It was not long after this that his wife told

him she would divorce him—for the* sake of his career—and thal they would be reunited only when the persecution was at an end. Shortly thereafter she disappeared, leaving a note saying she was going to Holland, would have arrived in that country before he had read her message. For two years thereafter he could communicate with her only through friends.

After miles of red tape and months of wait­ing in New York City, he gol Elsbeth over and, as soon as the necessary legalities were gone through, they remarried, in New York’s City Hall. Then the couple went to Columbia, South Carolina, where he had rounded up a ¡oh as choral director and where, as music director of the Columbia Music Festivals, he organized the Southern Symphony Orchestra and directed the Symphony Orchestral School.

In course* of time the couple bought thein-house in Columbia and began to

easier. It wa« too soon to relax.

ger gol the job as General Music Director of Opera and Concerts in Danzig. (Il was then the Free State of Danzig, without Nazi con­trol.) Then, in 1937, he was offered a three- year contract to succeed Leo Blech as leading conductor of ihe Berlin State Opera House. While he was pondering his answer, he re­ceived an offer to conduct in Japan. Elsbeth, hearing of it, too, managed to get through the message: “By all means accept the Japanese offer.” '

Now ihe plot becomes even more movie-

new ly come lo this country—and via Japan! —was listed as suspect—was interned. For 401 days he remained in custody. His wife found work as an assistant manager of a re­sort hotel in Georgia. Finally, through the intercession of friends, his rase was reviewed, and the charges found false. On his release, he hurried to rejoin his wife. After a rest period in Savannah they moved to New York. I hen. on July 5, 1944—it was still wartime— he became an American citizen.

It was something for this fate-dogged maes­tro lo be a full-fledged American and to be walking along Fifth Avenue with his wife of n sunny day in July. For such a special occa­sion, they would have to have a special cele­bration !

The celebration never came off. As they stopperl at a friend's apartment on their way home to plan it, Schwieger'.« wife suddenly threw up her hands. “Oh, my head!” she cried oul —and slumped lo the floor. In five inifiutes she was dead—a victim of a hereto-

Citizens of Fort Wayne still remember haw avidly Schwieger took up hi® task there, haw it became for him the way back. They re­member how hr wrestled to make the orefes Ira a workable, proficient unit. They remtru tier to what an astonishing degree he sue ceeded. They fell from the start, though, that: his tenure would Ite brief. He had other field« to conquer.

Schwieger was not lo leave Fort Wayne, however, without realizing in a very jierscnal way his desire for fuller Americanization in 1947 he married a Fort Wayne girl, an alumna ot the University of Michigan, Mary Fitzpatrick Shields.

Meanwhile he had become one of this cc ur ■ try’s and Europe's regularly heard guest <or- ductors. In the lale 1940’s he had appetrei with the NBC Symphony Orchestra for three successive seasons, with the New York Phil-

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Zürich, Munich and Berlin. And this Sum.

season,

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orchestra seventy-four times

Th« Kinwi City Philharmonic

SYMPHONY AND OPERA(Continued from page twenty-three)

violini

con-

INTERNATIONAL MUSICIAN

-ighty-member twenty weeks.

conductor of the Philadelphia Orchestra, and Charles Munch, ductor of the Boston Symphony, will conduct each other’s orchestra

one, since he directs his

Schwieger, moreover,

January 10; the Philadelphia Orchestra on March 4 and April 9 . . . The Corpus Christi (Texas) Symphony Society, of which Jacques Singer is the musical director, will present the St. Matthew Passion complete . . . Guest conductors of the Chicago Symphony will lie Sir Thomas Beecham, Karl Bohm, George Szell and Bruno Walter. The orchestra’« regular conductor is Fritz Reiner . . . Eugene Ormandy,

next season for a pair of concerts ... Guest conductors of the Rochester Philharmonic will be Pierre Monteux. Jose Iturbi, Max Rudolf, Victor Alessandro, Thomas Schippers, Fernando Previtali and Guy Fraser

Bethel Danbi

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cast of grand opera ever made from any stage other than the Metropolitan in New York City —and with such stars taking part as Albanese, Hayward and Cassel.

Other developments in the broadcasting world: on the invitation of the State Depart­ment, Kansas City saluted France by broad­casting a performance to Strasbourg in Feb­ruary, 1952; Japan by broadcasting to Osaka in 1953, this latter, according to the State Department report, heard by some 15,000,000 people; and Germany by broadcasting to Munich in 1954.

City's conductor during die winter season (with emphasis on his concert activities), and of being Nurnberg’s general music director during the other jtart of the year (with em­phasis on his opera activities).

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sixty members of the local played two con­certs to n large audience at the old Conven­tion Hall. The following year Karl Krueger, in Chicago at the time, read the newspaper re­Eorts, returned to Kansas City, which is his

ome town, and paid a call on the president of the Chamber of Commerce. So successful was the interview that this civic body voted a fund for the orchestra. As concerts got under way, further sponsors materialized. When in 1943 Krueger left to mount the Detroit podium, Efrem Kurtz took over. On the lat­ter ■ departure five years later, the baton went to Mr. Schwieger.

In the Spring two operas are presented in the 2,500-seat Music Hall. Schwieger’s Sum­mers are also full. In 1955, for instance, he directed the Aspen Music Festival—led the Aspen Festival Orchestra in ten concerts and jilanned and arranged twenty other concerts. Immediately after the close of the Aspen Fes- lival he flew to Europe for guest engagements

nectic, his h< sevent

Harrison. Once again the Buffalo Philharmonic under Josef Krips will appear as guest orchestra in Rochester ... For the first time in the annals of symphonic enterprise, one orchestra is presenting two other orchestras plus a ballet company as a part of its regular subscription series. The “hiring’’ orchestra is the National Symphony and the two engaged, the Philadelphia Orchestra and the Boston Symphony . . . Guest conductors with the University of Miami Orchestra next season will be Andre Kostelanetz, Howard Hanson and James Christian Pfohl . . . The American Symphony Orchestra League’s 1956 Music Critics Workshop will be held in Cleveland from October 5 to 7.

George Szell led the Cleveland Orchestra, BEETHOVEN'S NINTH the Cleveland Orchestra Chorus, and four

soloists in three performances of Bee­thoven’s Ninth Symphony on April 19, 21 and 22 . . . Arthur Zack conducted the Rockford (Illinois) Symphony in a performance of the same work at it concert in that city in March.

In March, 1954, he launched—on the invi­tation of NBC—the first nation-wide broad-

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655. h years utandii served from J her. If thirtee service elected tenibei of Roy to the 1950, 1955 ation.

iner immediately after having completed his Kansas City season, he flew off to Germany where he has accepted the offer as genera] music director of the city of Nürnberg. This puts Mr. Schwieger in the unique position of combining two important musical jiosts, that

Mr. Schwieger is delighted with this dual music directorship because it gives him an all-year-round outlet for his talents.

In spite of this hyjjer-activity, the years that Schwieger has spent in Kansas City are with­out a doubt the most serene as well as the moat productive of his life. He and his wife have bought a home there. His co-citizen friends know him as an alive and zestful person, end­lessly intrigued by human relationships, high­ly interested in civic doings. They note his absorption in politics, in current events. His outstanding characteristic, they agree, is his youthfulness of spirit — an attribute which points to the future rather than lo the past This, combined with his experience of men and his exceptional abilities, should take him far indeed.—Hope Stoddard.

cause he feels “it is just as important to hear the great choral works as it is to hear the symphonies and that the linking of the two great media is natural and essential for com­plete musical expression.”

This choral organization was the basis for the next step, namely, to present opera with its full accoutrements. By 1952, Schwieger had given Kansas City an opera festival—one which has become an annual Spring affair performing works like Traviata, Butterfly, Roheme and Faust, and The Marriage of

called “The Composer’s Workshop,” in which each week a composition is analyzed, with the motifs, the instrumental lines brought out with an explanatory narrative. He also has had a televised program for children, a musi­cal quiz.

The regular winter orchestral schedule is a

Schwieger hasn’t been one to let down either the orchestra or the community. In 1949 he started the Philharmonic Chorus be-

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6 riunì- »■I hid

• This ti«n of s that * i.

I j, and I• i' ' tor I th rm-1

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rs that j with- e most ; have riends i, end-High

te his : His is his which past men

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I PAUL WOLFEPaul Wolfe, president of Local

1 655, Miami, Florida, died of a 11 heart attack enroute to a local I hospital on March 1. He was bom I in Hampton, South Carolina, on I March 24. 1907.

Prior to his career as an offi- I iial of Local 655, Mr. Wolfe was I leader of his own orchestra which I appeared in the various local cafes I of that era and with several musi- I cal tab shows produced locally for I road tours through the South. I He was a life member of Local I 655, having completed twenty-five I years of membership in good I standing in December, 1952. He I served as business representative I from January, 1940, until Septem- I ber, 1951, with the exception of a I thirteen-month period in military I service (1943 - 19441. He wasI elected president of the local Sep- I tember, 1951, following the death I of Roy Singer, and was a delegate I to the 1942, 1946, 1948. 1949,

1950, 1951, 1952, 1953, 1954, andI 1955 Conventions of the Feder- I ation.

He will be remembered particu­larly for his staunch support of live music throughout that locality. A short description of his work in this capacity was given in the “Over Federation Field” depart­ment on page twenty-three of the April issue.

ARCHIBALD W. THORPEArchibald W. Thorpe, past pres­

ident of Local ‘116, Hornell, New York, passed away on February 22 after a brief illness. He was sev­enty-seven years of age.

Born in Irvine, Pennsylvania, Mr. Thorpe came to Hornell thirty years ago. He had been connected with the Hornellsville Hillbillies, a dance band, for more than twenty years. He had served as president of Local 416 for twelve years, re­tiring a year ago.

CLINTON E. BYERSClinton E. Byers, widely known

violinist and for many years presi­dent of Local 87, Danbury, Con­necticut, died on February 21 at his home. He was in hi- fifty­seventh year.

Brother Byers, a native of Bethel, Connecticut, had lived in Danbury since childhood. He took an early interest in music and be-

MAY, 1956

gan teaching his own classes when he was seventeen. He became a member of Local 87 on January 6, 1917. He had been a delegate to the Conventions of the Federation for several years, the last one in June of 1955.

For years he conducted his own dance band and was orchestra leader at the Empress and Palace theaters.

WILBUR TOMMY CREWSWilbur Tommy Crews, secretary

of Local 538, Baton Rouge, Louisi­ana, and one of the organizers and charter members, passed away on March 21. Prior to his election as secretary, January 9, 1944, he served on the board of directors and held office of president several

Wilbur Tommy Crews

times. He was born December 22, 1905, in Clinton, Mississippi, and came to Baton Rouge in 1930.

One of Mr. Crews’ outstanding contributions to his local’s devel­opment was his fight against free service bands which jeopardized the employment of musicians dur­ing the war.

He played in numerous bands and had led his own orchestra since July, 1947.

Mr. Crews was the first member of Local 538 to attend a Conven­tion of the Federation. He repre­sented the local at the Chicago Convention in 1944, and had been a delegate to every Convention since.

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Figure 2 shows how insufficient upper arm motion causes the upper arm to be too low in relation to the hand at the end of the up-stroke.

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no other way. It teaches control of large arm movements and thereby control of the large fast stroke. By means of this control it makes possible a more expressive tone production in this stroke through con­trol of dynamic contrast. The development of this control has a good effect on the general control of ali types of strokes—on bowing in general.

rii< following exercise is played with full bows—each stroke played at lightning speed and a pause separating the strokes:

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The bow must lrt* held motionless after each stroke and care must he taken that there be no unsteadiness or bouncing during the stroke, particularly on the down stroke. The pressure on the bow during the stroke should be at a minimum, all volume being derived from the speed of the bow. It should be played both with and without a stac­cato attack at the beginning. One cause of bouncing may be insuffi­cient upper arm motion and lack of feeling that the upper arm is swinging ihe stroke. Figure 1 shows how the lipper arm is raised with each raising of the lower arm. -

The basis of this stroke is the lightning-fasl full bow martele described in this column some months ago. (This description may be found on page nineteen of my collected articles.) For those who do not have this detailed description I shall give a brief resume of this stroke before describing the fast-slow stroke.

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kN MAY, 1956

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strokes.

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GIBSON STRINGSthe difference

The Fast-Slow Stroke

It will be found that this fast-slow stroke creates an accent in

you

This full arm swing is best employed in the whole bow and similarlarge motions. It is out of place in small strokes, contrary to the opinion of many so-called advanced teachers.

U hen control of the lightning-fast martele is attained one is ready for the fast-slow stroke. This is done by playing the fast stroke not for a full bow bul for about nine-tenths of the bow and playing the last two inches or so as slowly as possible. One thus plays the fast part of the bow as fast as possible and the slow part as slow and as soft as possible, the fast stroke lasting about a quarter of a second and the slow part about ten seconds:

At first it is necessary to practice stopping the bow at the end ofthe fast stroke before proceeding with the slow part; afterward one

5 exer- ned ii hereby makes h con- i good ing in

must roke, r the I the stac- tuffi­

li is lised

should proceed from the fast into the slow without pause, shortening the time of the slow part to one or two seconds.

After gaining control of this stroke it should be practiced in thefollowing ways:

1. Without staccato but with perfectly smooth connection of

2. Using one-third of the bow for the whole stroke but maintain­ing the same ratio of slow to fast. This is practiced in all parts ofthe bow.

3. Varying the ratio of slow to fast so that half of the bow is fast, the other half slow, two-thirds fast, one-third slow.

4. Applying these variants to shorter strokes in all parts of the

Musical Applications

détaché playing—an accent based not on staccato but on a forte­diminuendo effect. This type of natural accent is the violin’s best imitation of the vocal articulated “la la” effect—and if the violin is to imitate the voice, here is the vocal détaché par excellence.

It can be used to advantage in places like the opening of the Saint-Saens Concerto where a grandiose effect is aided by the short diminuendos following strong non-scratching accents.

Shorter fast-slow strokes can be used in the eighth notes of eighteenth century allegros such as Vivaldi and Bach concertos, longer strokes for the quarter notes. The amount of accent and speed may be varied, of course, to fit the expression of the music. The following measures of the Mendelssohn Concerto are also made more expressive with the fast-slow bow. Without this stroke the entire expression depends upon the vibrato alone which is already overworked in the longer notes. Dynamic expression must always come to the aid of vibrato to make it more potent.

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★★ A new concert duo made its debut in New York City on April 25. It consists of John Corigliano, concert master of the New York Philharmonic-Symphony for the past thirteen years, and Heida Hermanns, German-American pi­anist.

★★ An inter-American music center has been established in Washington, D. C. Jesus Duron of Mexico City has been chosen as president of the center, and Gil­bert Chase, director of the School of Music of the University of Okla­homa, as its vice-president. The second vice-president will be Au­relio de la Vega of the Cuban National Cultural institute, and the secretary, Roque Cordero, execu­tive director of the National Insti­tute of Music in Panama. The purpose is to carry on long range inter-American projects in the field of music.

to exceed ten minutes, and a prize of $100 for the best composition for two harps with or without any combination of instruments. This prize is limited to the Tri-state area, Pennsylvania, West Virginia and Ohio. For further information address: The Friends of Harvey Gaul Contest, Mrs. David V. Mur­doch, Chairman, 315 Shady Ave­nue, Pittsburgh 6, Pennsylvania.

★★ Radie Britain’s “Prelude to a Drama" was performed by the U. S. Air Force Symphony, Col. George Howard conducting, over a national hook-up March 1st. This composition was also included on the all-Ainerican programs on the U. S. Air Force European tour.

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★★ Harold Blumenfeld has been awarded a national composition prize by the Midland Music Foun­dation: a $2,000 award, which enables him to spend a year in Europe, where he is composing an opera.

★★ In commemoration of the Mozart bicentennial, the Spring­field (Massachusetts) Sinfonietta, under the direction of Maurice Freedman, presented a Baroque and Mozart concert on April 15 at the Museum of Fine Arts Audi­torium of that city. The musicians were provided through a grant from the Music Performance Trust Funds of the recording industries, obtained with the cooperation of Local 171, Springfield.

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UNUSUAL DIXIELAND★★ Two rare violins, one an Amati, dated 1761, and the other a Stradivarius-type instrument dated 1723, have been presented to the Philadelphia Orchestra. They were owned by the late Miss Frances Anne Wister.

★★ Alan Shulman, vice-chairman of die board of directors of the Symphony of the Air, took time off from his administrative duties to complete a new composition for Cello Octet. The Suite Miniature was given its first performance in Los Angeles on April 15.

★★ Sherman Frank has been re­engaged as musical director for the Atlanta (Georgia) Municipal Theatre this coming Summer. The presentations will be The King and I, Naughty Marietta, Brigadoon, High Button Shoes, Kismet and South Pacific. The season runs from July 9 to August 18.

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MAY. 1956

★★ Eddy Brown, violinist, and Lyda Betti-Brown, opera singer and teacher of voice, have been ap­pointed to the post of “Coordina­tors of Artistic Activities” on the faculty of the recently merged Col­lege of Music of Cincinnati and Cincinnati Conservatory of Music.

★★ As a climax to his April 13 concert in Carnegie Recital Hall, April 13, cellist Harry Wimmer presented a revival of Victor Her­bert’s dramatic Cello-Concerto No. 2 in E minor.

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JERRY GRAYROGER HUMMELlBOB PETTI

JOHN EMERYRAY STONE

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EMERY, »IgMIaii »Urtrrc orgmiii, it at Ih* Midway Battavi ani m Adami, Matta- chwMtti on an eight month«' contract.

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Foster’s date at the Aragon Ball­room lasts until June 17.

cializing in polka and popular music, perforin for clubs, dances, and weddings in and around the Youngstown, Ohio, vicinity The

Hoy and his Orchestra opened May 11 for the sixth consecutive season at the Riviera Ballroom,

fifteen-piece modern Jazz Work­shop Band at the Stable in Bos­ton, Mass., twice weekly. Jackie Byard, featured nightly at the keys as n single, also doubles as composer, arranger and solo jazz tenor with the Jazz Workshop Band.

The i vide «umb mitru

pencilled into the Congress Hotel in St. Louis, Mo., beginning May 7 for a two-weeker.

Sabittelli on trumpet, and Jimmy Drake on bass.

The Binky Dee Trio (Binky Dee, Jacque Miller and Mike Korch) opened in mid-April at the Embassy Club, Binghamton,

live.

»3 95

kegan, Ill., every Friday, Satur­day and Sunday for over four years. The boys have been to-

Ohio . . . The Tune Twisters (Ed F’astva. Ed Boesken, Paul Nor­wood and Bob Nichols) are in their third year at the Pink Owl Lounge in the same city.

Johnny Davis Orchestra is holding forth at Buddy Beek's Supper Club in Milwaukee, Wis. . . . Carmen Cavallaro has been

Riverview Park, Des Moines, Iowa.

Dei Rezek and Orchestra, spe-

S*nd «dvinc* »nlvrmaiivn far Hi>« column la th* lnl**n*fioml Mur­cian, 34 Dlvmon St Newark 2. N J.

BOB PETTI m booked into Charlie Wada* Airirut* Inn located at Lake George, New York, for on inda finí*« stay . . . ROGER HUMMELl ha* been et Ciro'» Supper Club In Calumbo», Ohio for eleven month* . . . JERRY GRAY I* scheduled for e mid­Mey engigemenl ol the Hollywood Pal­ladium . . . RAY STONE la in hn »¡Mik «eaton et the Slate Lino Cetina near

nineteenth month.The Eddie Makins Trio is

working throughout the Fort Lauderdale and South Florida area . . . Charlie Carroll (piano

engagement al the Cabana in Bayville, Long Island, N. Y. The group features Sonny Dunham on trumpet and trombone, Don Sitteriy on sax, Danny Tucci on

• bass, Danny Hurd on the key­board, and Frank Lizzo on drums . . . The Danny Martin Orchestra is appearing at the Club Jericho in Mineola, Lung Island . . . Paul Jouard and his Orchestra return lo the Lake Placid Club, Essex County, N. Y., on May 19 for the eighth consecutive year to play a twenty-six-week season ... Al Postal has been signed for the ninth consecutive Summer by the Toro Hill Lodge in Monroe. N. Y.. to the capacity of musical and entertainment director.

MIDWEST *

Lou Dais Band has been play­ing at the Brass Rail in Wau-

John Crosson, piano and Ham­mond organ) are nt Alexander’:- in Morrisville, Pa.

Lou Vaillancourt and his Or­chestra are in their fifth year at the Newport (R. I.) Naval Base Officers’ Club. The group in­cludes Luu Vaillancourt, Bill Harris, Ray Noguiera, Bill Sousa, George Rothmayer, Jim Patti and Gene Toro.

Herb Pomeroy presents the

SOUTHThe Three Jacks (Bill Abre-

nethy, piano; James Calomeris, sax; and Joe Burch, drums) are signerl for another one-year con­tract al the Wheel Bar in Colmar Manor. Md. They also play Sun­day afternoon sessions at the Redskin Lounge in D. C., where they are appearing for their

CHICAGOCount Basie is booked for a

two-week stand at the Blue Note

leader and accordion; Jack Warner, drums; Steve Vulanick. bass; Dick Warner, guitar and banjo; Augie Simone, tenor sax . . . Fred A. Lybarger is round­ing out his first year al the Boots and Saddle Lounge in Bucyrus, Ohio . . . The Merntones are in

The Joe Jay Trio (Joe sax, clarinet and vocals; Shaw, drums imd vocals;

EASTCharlie Koch and his Carolin­

ians are now playing in the main dining room of the Masonic Club in Jersey City, N. J. . . . Eddie Gee and his Combo have been featured al the Cochranes co*ck­tail Lounge in Hillside, N. J., since January, 1955. The group has Eddie Gee on drums, Jerry

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Benson and her Charms, an all girl instrumental and entertain­ing trio which includes Alvina Benson. Doris Altier und Jackie Raye, are at the Belaire Hotel’s Tropicana Lounge in Miami Beach, Fla. . . . The O’Brien and Evans Duo opened April 24 at the Officers’ Club, Pensacola Naval Air Force Base, Pensa­cola, Fla.

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MUSICIANS’ HANDBOOKSTANDARD

DANCE MUSIC GUIDE

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REMOVED FROM

Cheai

CHANGES IN ADDRESSESCHANGES OF OFFICERSOF OFFICERS

employer, T. Komers, President,

■Ad Libitum.

-Secre-

Conference

OF LOCALS

Milmont Park, Pa.Lambert,

WANTED TO LOCATE

WANTED TO LOCATE

CLARINCTS OBOESENGLISH HORNSSAXOPHONES

INTERNATIONAL MUSICIAN

Local 292, Santa Rosa, Calif.— tary. Cliff [¿nt, 225 Webb Drive.

Local 346, Santa Cruz, Calif.—

Bob London,

amount given.Blue Fox Enterprises, Gene Plyler,

H. Ba—Em

Mashman, Louis

Eastern Canadian

$155.00. 'Delaware Valley Productions, Inc.,

Irving Fine, James Friedman, late Hasin,

Lutz.Griffi rEis, B

Locals—President, C. T. Adams, 3639 McEwan Ave., Windsor, Ont., Canada. Phone: Clearwater 4-4641. ।

Local 351, Burlington, Vt.—Secretary, Robert J. Mario, 26 Leonard St. Phone: 2-0917.

Local 478, Coshocton, Ohio — Presi­dent, Robert Stout, 125 So. Seventh St. Secretary, Carlos J. Kempt, 1012 Main

Mashman, Harry Mogur and Jerry Wil­liams, Philadelphia, Pa., $250.00.

Rusty’s Playhouse, Rusty E. Kelly, owner-manager. El Paso, Texas, $100.00.

Rose Marie Andrus (Mary Toby), Washington, D. C., and Davis Theatri­cal Agency, Washington, D. C., $1,250.

Roger DeGinet, Montreal, Que., Can.. $72.00.

Sonny Ray, Montreal, Que., Cun., $15.00.

Mandy’s Grill, Irving Mandelcorn, owner, Buffalo, N. Y., $100.00.

Local 655, Miami, Fla. — President, Frank Casciola, P. 0. Box 1470, Miami 8, Fla.

Richard R. De Gray, former membei of Local 369, Las Vegas, Nev^ and Local 6, San Francisco, Calif. Anyone knowing his whereabouts is asked to communicate directly with Mr. Steve Rady, Treasurer, Local 369, A. F. of M., P. O. Box 1445, Las Vegas, Nev.

The following arc in default of pay ment to members of the American Led oration of Musicians either severally ot jointly :

David King, Dothan, Ala., $250.75.Sam Willis, Ft. Smith, Ark., and Mis­

cellaneous, $57.50.Fred Moore, Wurren, Ark., $57.50.Buck Ram, Hollywood, Calif., no

Local 17, Erie. Pa.—Secretary, S. G. Anderson, 1017 State St. Phone: 4-0868.

Local 26, Peoria, Ill.—President, Ray C. Dixon, 1917 Ashley Ave Secretary, J. D. Edie, 407 N. Monson St.

Local 76, Seattle, Wash.—President, Leslie R. Martin, 8011 22nd S. W., Ed­munds, Wash. Phone: Greenwood 7064.

Local 88, Benld, Ill.—Secretary, An­ton Fassero, 301 Trolley St., Box 607.

Local 121, Fostoria, Ohio—Secretary, Charles L. Cribbs, 619 Monticello.

Local 134, Jamestown, N. Y.—Presi­dent, Howard Culver, 327 Wellman Bldg. Secretary, V. D. Swanson, 327 Wellman Bldg.

Local 230, Mason City, Iowa—Presi­dent, Earl Cawley, 1104 Maple Drive.

Local 62, Trenton, N. J. — President, L. Stanley Kennedy, 197 Rosemont Ave., Trenton 8, N. J. Phone: EX 3-3448.

Local 117, Tacoma, Wash. — Presi­dent. Jas. S. Porter. 1111 Sixth Ave. Phone: Main 3062.

Local 157, Lynchburg, Va. — Presi­dent, Coy Miller, 827 Centerdale Ave. Phone: 42169.

Local 237, Dover, N. J.—President, John Zuccheri, 35 Elizabeth St.

Local 247, Victoria, B. C, Canada— President, David Townsend, 3064 Wash­ington Ave.

Local 361, San Angelo, Texas—Presi­dent, Bully H Aylor, Chadbourne Bldg.

Local 367, Vallejo, Calif.—President, Joe Pillotta, Jr., P. 0. Box 261.

Local 400, Hartford, Conn. — Presi­dent, Louis J. Zebedeo, 45 Olney Road, Wethersfield 9, Conn.

Local 404, New Philadelphia-Dover, Ohio—President, William Jones. 130 2nd St., S. E Strasburg, Ohio.

¡»cui 127, St Petersburg, Fla—Presi­dent Robert E. Burklew, 911 Third St., South, St. Petersburg 5, Fla.

Local 502, Charleston, S. C. — Presi­dent, John All, Box 371, Mt. Pleasant, S. C. Phone: 8-9492.

Local 538, Baton Rouge, La.—Presi­dent, Thomas J. Phillips, 3056 Scenic Highway. Secretary, John L Boudreaux, 3056 Scenic Highway.

Local 551, Muscatine, Iowa — Presi­dent, Walter Whitmer, 405 East 5th St.

Local 682, Huntsville. Ont., Canada— President, Carl R. McLennan, Centre St„ N.

Local 733, Birmingham, Ala.—Presi­dent, Newman J. Terrell, P. O. Box 1665, Birmingham 1, Ala.

Local 241, Butte, Mont. — President, Earl C. Simmons, 41Mt N. Main St. Secretary, Jas. Hartwig, 41 Mi N. Main

CHANGE IN ADDRESS OF CONFERENCE OFFICER

ANNUAL MEETING OF SOUTHERN CONFERENCE

FORBIDDEN TERRITORY LISTLombardy Hotel, Miami Beach, Flo.

The annual meeting of the Southern Conference of Locals will be held on Saturday and Sunday, June 9-10, 1956, in the Belvedere Room of the Traymore Hotel, Atlantic City, N. J. • Opening session'Saturday, June 9, at 2:00 P. M. All southern locals are invited to attend.

STEVE E. GRUNHART, Sec.-Treas., P. O. Box 507, Shreveport 85, La.

Long Beach, Calif., $350.00.Bob Sanders, San Diego, Calif..

$120.00.Talk of the Town Restaurant, Rich­

ard Lapiana, proprietor, Santa Barbara, Califs $279.51.

Leroy Witherspoon, South Bay, Fla., $167.00.

Howard Seay, Albany, Ga., $300.00.Mal Stanley, Chicago, 111., $300.00.Boone County Fair, Albion, Neb.,

$500.00.Jack Kogan, Las Vegas, Nev., no

amount given.Stanley Hotel, Irving Gervertz, em­

ployer, Asbury Park, N. J., $136.45.Lew Entin, Atlantic City, N. J.,

$10,700.00.Train’s Paradise and E. A. Emmons.

Marlboro, N. J., $300.00.Buddy Marino, Brooklyn, N. Y.,

$387.00.Jack Adams and Co., New York,

N. Y., $4,491.70.Marie Knight, New York, N. Y.,

$760.00.Terrace Gardens, Robert and Shirley

Balmer, employers, Rochester, N. Y., $900.00

Montauk Island Club, Harry Green­berg, employer. Montauk. L. L, N. Y., $855.00.

Miss Bronze America, Ind., and Wm.Stringer, Youngstown, Ohio, $8,289.25.

Swan Hotel, K. E. Shehaideh, owner, Downingtown, Pa., $500.00.

Guy Barry, Lancaster, Pa., $400.00.Delaware County Athletic Club, Lou

Burns, James M., member of Local 47, Los Angeles, Calif.

Kronen, Norman, member of Local 77, Philadelphia, Pa.

Anyone knowing the whereabouts of the above is asked to communicate immediately with Secretary Leo Clues­mann, 220 Mt. Pleasant Ave., Newark 4, N. J

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Fer Details Write KARL 8ARTENBACH 100? East Wells Street, Lafayette, Indiana

Over Federation Field(Continued from page twenty-two)

Local 144, Sioux Falls, celebrated its fiftieth anniversary at Labor Temple in that city with a rip-roaring party; dancing, cards, and u buffet lunch Guests included members of the South Dakota State Federation of Labor and the Sioux Falls Trade» and Labor As­sembly. Charter members present in­cluded Ray G. Hoyt (who wrote the first letter to former President Weber re the possibility of securing a charter); Wil­liam G. Wagner, who was the locals first treasurer and who is still a member of the municipal band, playing French horn, and Ray G. Pruner, at present a member of the board of directors of the local and a drummer in the band.

Music was furnished by the Jimmy Thomas Orchestra.

PROTECT YOUR FUTURE

Buy Your EXTRA Bonds Nowltary, L. E. Edwards, P. O. Box 605.

Local 449, Coffeyville, Kansas—Sec­retary, Bob Mayfield, 504 North Buck­eye.

Local 494, Southbridge, Mass.—Sec­retary, Dei Derosier, 115 Marcy St., Harrington Hall Bldg.

Local 580, Clarksburg, W. Va.—Sec­retary, Corbin G. Hannah, P. O. Box 449.

Local 659, Lehighton. Pa.—Secretary, Stanley L. Ritter, Jr., 199 Main Road, East Weissport, Pa.

PLACED ON NATIONAL DEFAULTERS LIST

601 WEST 26th STREET NEW YORK 1. N.Y.

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ild■two)brated empie party; lunch. South r and

Quonset Inn, and Raymond J. Moore, gochester, N. Y., $105.00.

Stormy’s Magic Bar. Roy Storms, pro-■rietor, West Seneca. N. Y., $250.00

West End Who’s Who Womens Club, Chester, Pa.. $151.82.

nt ii. ie first re the ; Wit locali ember rend

sent a of the I limtny

DEATH ROLLBaton Rouge, La.. Ixrcal 538—U ilbur

T Crews.Beaver Falls, Pa., Local 82—Thos.

H. Barker, Bethlehem. Pa.. Local 411 —Ernest G. Cheesman.

Binghamton, N. Y., Local 380—Nel­son C. Dunham, Sr.

Boston, Mass., Local 9—John Leslie Cahill.

Chicago, 111.. Local 10—Arthur W.Lutz. August P. Klein, Kenneth W. Griffin, David Parke Mullett, Wm. H. Eis, Henry Mowschine.

m.

3SE IN y Di. ad ing

JACH dim “ELDORADO

AWkZZ-DOMINIC

FRONTIERE

■alented young Dominic Frontier© is a Hollywood star at 24.Dom is not only a top-ranking accordion artist, but also a writer and arranger of

music for Hollywood’s major movie studios. He was recently awarded a plaque by the American Accordionists’ Association for his outstanding work in his field.

Chances are you’ve heard Dorn’s accordion—it stands out prominently in the background music of many top films. And, if you saw Max Liebman’s NBC-TV

Spectacular “Good Times” you must have been impressed by Dorn’s musical arrangements.

Wherever he performs, Dom enthusiastically calls upon his Eldorado (custom-built by La Tosca). “It’s a real artist’s accordion”, he says.

Perhaps the beautiful Eldorado is the accordion for you. See it in the complete Gretsch-La Tosca catalog. Write for your FREE Copy.

GRETSCH The FRED. GRETSCH Mfg., Co., Dept. 1M 556 60 Broadway, Brooklyn *11, N. V.

Detroit, Mich.. Local 5—Harry Ak- royd, Joseph Marshall, Geo. E. Mc­Gowan.

Fall River, Mass., Local 216—Leo B. Shoob.

Fairbanks, Alaska, Local 481—John Boswell.

Houston, Texas, Local 65—Ben T. Christian.

Huntsville, Ont., Can., Local 682— George C. Mosbaugh.

Indianapolis, Ind., Local 3—Harry Brown, Eldon Schellschmidt.

Kansas City, Mo., Local 34—Robert J. Williams. Emil C. Roge, Dr. W. H. S. Shoush, P. J. Parisi.

Long Beach, Calif., Local 353—John J. Richards, Forest D. Clymer.

Los Angeles, Calif., Local 47—Nat Young.

Milwaukee, Wis., Local 8—Emily Joyce Fromm, Frank Mueller, Jr.

Miami, Fla., Local 655—James Edwin Mixon, Paul Wolfe, Anthony Torre.

Minneapolis, Minn., Local 73—Irvin B. Wickner.

Montreal, Quebec, Can., Local 406— Erwin Marcus. John James Hineson.

Miami, Fla., Local 655 — John J. Leonard, John C. Lins.

Milwaukee, Wis., Local 8 — Carl Thorne.

New Brunswick, N. J., Local 204— Anthony Torre, Alexander Friesz, Geo. F. Lindenmann.

New Haven, Conn., Local 234—Louis W. Bykowski.

Newark, N. J-, Local 16 — Anthony Torre.

Omaha, Neb., Local 70—Oscar E. Weinstein.

Pittsburgh, Pa., Local 60—Jerome M. Kaminsky, Francis Achilles Rago, Vin­cent (Danny) Nirella.

Providence, R. I., Local 198—Lucir A. DiMeglio.

St. Louis, Mo., Local 2—John HartlSpringfield, M*m„ Local 171—Hi m

G. Coates, Romeo Girard.St. Paul, Minn., Local 30—Archit C;

Redlack.Tulsa, Okla., Local 94—Betty Rom«

baugh, Howard O. Tallman.Worcester, Mass., Local 143 — Alex«

ander S. Buczek.Mechanicville, N. Y., Local 318—Fred

A mode»New York, N. Y^ Local 802—Jame«

Buddy Payne, Anthony Sacino, Domi« nick Salata, Lucien A. Lentz, Henrieil.i L. McLane. August D. Mead, C Jv (Curby) Alexander, Victor Zaidrtaii, Michael Wdowiak, Dando Drutt, Thos W. Barnes, William L. Hendel. Pierri iCapt.i De Caillaux, Angelo De Sto fano, Louis Lockett, Sol Patchook, Hel-- mut Nagel, Paul Nechamkus, Fran c Turek, Arthur H. Gibbs, Joseph D’A« - gustine, Thomas Borsa.

ON NATIONAL UNFAIR LISTVICTOR ZEMBRUSKI AND BIS

POLISH POLKA BAND, Naugatud. Conn.

This band plays engagements J throughout New England, New York; and Pennsylvania. Some member^' of the band are suspected nf held ! ing membership in the Federation. <

Locals should report any knowl- edge of their activities to the office^ of National Secretary Cluesmann. ‘ and also notify all hall proprietorsj and organizations where they have* engagements thal they are not in< good standing with the Federation. <

Suspensions, Expulsions., Erasures, Terminations

SUSPENSIONSBinghamton. N Y„ Local JM>—John Fiao,

George Hickein, Alfred Szymaniak, Robert Koclk, Grant Rockwell.

Boston Maas.. Local 9—Manuel Agritha, Angelo Alabiso, John D. Alessi, Sari Ambrose, Cha‘les Andrecopoulos, George Andrews, James Ithins, Benedict Aucoin. Rico Aut, Anthony Bellaccua Leon Biganess, Herman Vaun Binns, N. tha liel Pierce Blish. Jr., Roman S. Bogus, Ruber Braff, Robert S. Brown, Joseph S. Capobianco, John A. Carter, Helen Carvotta, Alfred L. Centrelli, lyhn W. Coffey. ' Jr., Christy Colard, Philip P.rgei Cooper, Charles Corleto, Anthony Costa, Buddy Courtney. Patrick Cuccio, John P. Cunn ogham, Robert Cutting.

Anthony J. Dac*nta, Joseph Dac*nta, |r. Sydney P. Davis, Dianne R. Dawn, Flor* ice Del Tufo. George S. DeMattia, Peter J. DiCanlo, An­gelo DiTullio. Raymond Dorey, Hippolyte Dn>:gh- mens, Benjamin Drootin, Edward J. Duma , l./dia Epifano Fred W, Flint. Albert T. Forest. Thema, A. Furtado, Richard George, Hercules Grorgelis. Nicholas Georgenes, Paul D. Gillis. Ma-tin M. Goldman. Anna Gombosi, Al Gomez. Rob, rt «vor- don. Elly Greer. George J. Guilbault .‘Ilan Hackel, Manning Hamilton. John N. Harbo, Hary Harnett. Stephen Harrington, Andrew Mdlarv Heath. Jr., Leo Hebert. Joseph Heller, John W. Henderson. Jessie Hester. George Horwood, 'IVm. Joyce, Hugh F. Kelleher. Bernard King. Paul G. Kinsella. Leo Kovar. Henry Kulik, Arthur Vin­cent LaRaia. Jr., Lawrence Malatesta; Aithur Marathas. Royal Marsh. Roger S. Mason Jocph Mastercusio, Nye S. Mayhew, S. MazzocCi.

Wm. McFaden. Walter A. McKenna. Job | F. -Meara, Norman Michaelson, Wm. ). Mile hell.

Louis F. Mucci, James V. Munda, Nina Murdock. Albert Navarro, Murray Nichols, Wm. < . Nord­strom, • Stanley Olefsky, Raymond E. OI van.Erne« T. Pacific. Salvatore Paratore, CiarloPetremont. Don A. Polvere. Wilma Prat«, Fraikhn Renzulli. Carl Rodunsky, George Rogen Clarlev C. Romanelli. Loui« Ruggiero. James W. RvMell. Eugene H. Ryder, Bill St. Claire, Fredericc G. Sanborn. Norma Sapp, Oscar'Short, Bert ca Shul­man. Leonard Shulman, Richard Sitnoads, John C. Slater, Roy Sossen, George J. Spada Smiley Spector. Vincent Speranza, Edward F. Sui ivan, Lars Svensson. Zigmund Talent, Loui Tobin, Ricardo C. Tolentino. Arthur O. Tornqi ist. John Trainovitch. Ernest Valva. Adolph Van lell , Jo­seph Vento. Clarence J. Walsh. Paul W itson, George T. Wein, lames A. White, Charlis Wolke, John Zarick. Charles A. Zumstein.

Danville. III., Local W—lack McDuffy Mtl^uff).

ICIAN

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Report of Arthur J. Goldberg Concerning Local 47, Los Angeles, California(Continued from page sixteen)

thP< vc ol P(

president empowered to take over the duties of the president in the event of absence, sus­pension, removal or other inability to act."

The local’s legal counsel, Bagley, stated his position, as he had stated it at the general membership meeting the day before, that the action suspending te Groen as president of the local was invalid, te Groen then said that while he was willing to stand trial for mal­feasance, he felt that he should Im* permitted to preside over this meeting since his suspen­sion was illegal and any action against him ought to await a proper trial.

Read reiterated his position in support of the action taken and te Groen and Bagley left the room.

The meeting then proceeded to discuss the filing of formal charges against te Groen, Paul and Hennon and the calling of a special meet­ing of the membership al midnight on March 12, 1956, to decide the as yet unprepared and unfiled such charges. In the course of this discussion Read said:

“I would prefer that they would resign, but they have taken this position. I have no desire, as you know, to bring any charges against John te Groen, Maury Paul and Bob Hennon, but I feel we have no choice. Either the people who represent this local and are responsible for the best interests and wel­fare of this membership have to be—who are willing to stand up and fight and chal­lenge Mr. Petrillo even at the risk of being thrown out of the union, having the local thrown out. they have to be in charge of the affairs here.

“Now, if this is the will of the member­ship, this is what happens. If it is not the will of the membership or if they get scared out, then there will have to be other steps taken. And we are not in a position to talk about that now.”After additional discussion, the Board

adopted the motion that the special meeting be called.

The open meeting of the Board was ad­journed until 1:00 P. M. A closed session of the Board followed at which another Board meeting was scheduled for March 1, 1956.f. President Petrillo's March 1 Stay Order and

the Board of Directors Meeting of March 1. The meeting assembled at 9:15 P. M. De­

fendants who were present at this meeting were Read, Baker, Clyman, Toland, and Rasey.

After the group met, te Groen made the fol­lowing statement:

“Gentlemen, I would like lo make a state­ment at this time. I wish to advise all of you gentlemen present as follows:

“The vice-president may only call a board meeting in the event of the death, removal from office, disqualification or resignation of the president. I refer you to Article 1. Section 2, of the By-laws. I have not re­signed, been disqualified, I am certainly not dead, and I have not been legally removed from office. It is clear that my purported suspension is unauthorized. This so-called assembly was not called by me. nor have

36

any directors given me written notice that they wish a meeting of ihe Board lo be called for this evening.

“Under these circ*mstances, I further ad­vise you that any actions taken by you in connection with the administration of the affairs of Local 47 at this purported meeting are and will be illegal, null and void, and are taken entirely at the risk of those who persist in doing so and who participate therein.

“I further place you on notice that this afternoon I received the following telegram, I have been advised, which has also been sent each of you." The telegram referred to by te Groen was

i order from President Petrillo staying the ansuspension of te Groen. An identical telegram was addressed to each member of the Board and delivered to those present. The text of the telegram is as follows: .

“JOHN TE GROEN ON MARCH 1ST. 1956, FILED AN APPEAL WITH THE INTERNATIONAL EXECUTIVE BOARD FROM THE ACTION OF A MEETING OF LOCAL 47 HELD ON FEBRUARY 27, 1956, SUSPENDING HIM FROM OFFICE AS PRESIDENT OF LOCAL 47 AND FROM THE SUBSEQUENT ACTIONS OF THE BOARD OF DIRECTORS OF LOCAL 47 TAKEN AT MEETINGS WHICH HE DID NOT CHAIR AND MAY NOT BE PER­MITTED TO CHAIR. HIS APPEAL TO THE INTERNATIONAL EXECUTIVE BOARD ASSERTS THAT A CERTAIN MEETING OF FEBRUARY 27, 1956, WAS IMPROPERLY PACKED, THAT ITS EFFORT TO SUS­PEND HIM WAS WITHOUT AUTHORITY, THAT THE MEMBERS WERE UNLAW­FULLY DEPRIVED OF THEIR RIGHT TO SECRET BALLOT IN VOTING ON THE INTENDED SUSPENSION AND THAT THERE WAS AN UNLAWFUL FAILURE TO PRESENT CHARGES AND TO GIVE ADEQUATE NOTICE THEREOF. IN CON­NECTION WITH SAID APPEAL MR. TE GROEN HAS REQUESTED THE PRESI­DENT TO EXERCISE HIS POWERS UN­DER SECTION 2, ARTICLE 8, OF THE AMERICAN FEDERATION OF MUSI­CIANS BY-LAWS TO GRANT A STAY PENDING APPEAL. UPON CAREFUL CON­SIDERATION THE PRESIDENT OF THE AFM HEREBY GRANTS THE APPLICA­TION AND ORDERS THAT PENDING THE DISPOSITION OF THE APPEAL THE SUS­PENSION IS STAYED AND ALL ACTIONS TAKEN BY THE BOARD OF DIRECTORS OF LOCAL 47 SINCE FEBRUARY 27, 1956, AT MEETINGS NOT CHAIRED BY MR. TE GROEN ARE STAYED AND IT IS FURTHER ORDERED THAT PENDING SAID APPEAL MR. TE GROEN SHALL CONTINUE IN HIS OFFICIAL ELECTED POSITION AS PRESIDENT OF LOCAL 47 WITH THE FULL POWERS OF THAT OFFICE AS CHAIRMAN OF THE BOARD OF DIRECTORS OF THAT LOCAL.

JAMES C. PETRILLO, PRESIDENT AMERICAN FEDERATION OF

MUSICIANS”

Read commented on ihi- telegram, after consultation with his attorneys, as follows:

“Lei the record show that the order of Mr. Petrillo which I have received by tele gram in the past 15 minutes is invalid and that he cannot stop the regularly-constituted meetings of this local and of this Board of Directors under the will of the membership of this local, which is clearly expressed.” I At approximately 9:45 te Groen and Hei,

non withdrew from the meeting room. This j left the Board without n quorum. Read (he suggested that an attempt be made, under Ser I tion 5(h) of the local’s By-laws to appoint any members available to the Board for pur I poses of said meeting only. However, no mem-1 her of the local was found to be available and I the proceedings therefore were adjourned for I lack of a quorum.g. Arrangements for Special General Membet I

ship Meeting of March 12 to Consider I Charges Against te Groen.

After the receipt of the stay order from the I International President and the failure of the I Board of Directors to meet for lack of i| quorum on March 1, Read and others among I the defendants caused a petition, prepared by I their counsel, to be circulated among the I membership calling for a special general meet-I ing of the members of Local 47 at midnight I of March 12 to hear and acl upon charges! against te Groen and requesting his removal! from office. This meeting was the meeting! which had been called by the Board of Direc-1 tors on February 28. but it was fell that the I Petrillo stay made il advisable to call the meet-1 ing by petition as under Article 11, Section 3.1 of the local By-laws.

The petition, signed by over 300 members I of Local 47, was filed on March 5, 1956. It I had been circulated among the members priori to the filing of the formal charges against te I Groen, since the charges were not served upon I te Groen until March 5, 1956. The charges. I which the Referee does not pass upon arc «s I follows:

“The following charges are hereby madrl and directed against Mr. John te Groen, i I grounds for and justifying his removal rl President of the Musicians’ Mutual Protec I live Association, Local 47, American Fed-1 oration of Musicians, which charges shall I < I answered in writing within five days after I service of the same upon John te Groen, and I which charges and answer thereto shall be I submitted to a general meeting of this Vl sociation specially called for this purpose. I Said charges are as follows:

“(I) That said John te Groen has been! guilty of improper conduct in office, in thai I he has failed and refused to accept tl I policies endorsed by the general member ! ship of this Association in the protection < I its best interests.

“(2) Thal on February 27, 1956, during! a general membership meeting, said J^l te Groen demonstrated his disloyalty to tkl membership of this Association and to th! better protection of their interests by sW I ing ihat in any contest or issue in whidl

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this Association has taken or will take one position and James Caesar Petrillo an ad­verse position, that said John te Groen will obey the instructions and directions of Petrillo.

I ’ “(3) That said John te Groen is sub­servient to and dominated by his personal

I loyalty to James Caesar Petrillo individually and as President of the American Federa­tion of Musicians, and has openly affirmed his willingness to follow the instructions and directions of Petrillo and the Federation,

I although such instructions or directions are directly contrary to the wishes, desires and instructions of the general membership of this Association, and to the general policies endorsed by this Association.

“(4) That said John te Groen has openly assumed a position inconsistent with his duty and loyalty to this Association and to the obligations of his office as President thereof in each of the respects stated herein.

“(5) That said John te Groen by his con­duct and statements has indicated that he no longer is competent and qualified to continue to act as the President of the As­sociation, in that he is not sympathetic to nor in accord with the aims and objectives of the Association and the desires of its membership.

“(6) John te Groen is guilty of improper conduct in office in that he has made, caused to be made, and approved untrue statements about the genera] membership and the general meeting at which he was temporarily suspended, in that he has wrongfully and improperly informed the Federation and James Caesar Petrillo that the general membership meeting of Feb­ruary 27, 1956, ‘was improperly packed' and that his temporary suspension was the result thereof, whereas in truth and in fact, said John te Groen well knows that he has lost the confidence of the great majority of the members of Local 47 and that his tempo­rary suspension pending formal removal proceedings was voted by reason thereof.

“(7) That John te Groen has been guilty of misconduct in office in attempting to paralyze the activities of the Board of Di­rectors of this Association and in improp­erly preventing the discharge of their duties and obligations to this Association, in that on March 1, 1956, John te Groen wrong­fully threatened members of the Board with disciplinary action including expul­sion, if they proceeded in the discharge of their duties as members of the Board of Directors in holding or purporting to hold a special meeting of the Board duly sched­uled for hearing on that date.

“Signed, Uan Rasey, Marshall Cram, Earl Evans, William Ulyate.’"

Also on March 5, 1956, an unsigned post­card was mailed to the entire membership of Local 47 announcing the special membership meeting for March 12 to consider the charges »gainst te Groen. This mailing was ordered by Read because, according to him, Record­ing Secretary Paul was not in town when ar­rangements for the meeting were being made. No efforts were made by Read or the other defendants lo locate Paul by telephone either while he was out of town or when he returned home on March 2. Under the local’s By-laws, d course, the Recording Secretary is the au-

MAY, 1 956

thorized and responsible officer for mailing out all official notices of meetings.h. International Executive Board Committee.

Following the suspension of te Groen at the February 27 general membership meeting, and te Groen’s appeal therefrom to the Inter­national Executive Board, the Board, al u spe­cial meeting in Chicago, Illinois, on March 1, 1956, established a committee of five members of the Board whose authority is set forth in the following excerpt from the minutes of the meeting of the Board:

“The Secretary informed the Board that he had received a telegram dated March 1, 1956, from John le Groen stating that a packed meeting had purported to suspend him from office as President of Local 47, that prior to this meeting a caucus had been held at which his suspension was plotted and the packing of the meeting was discussed, that a special effort had been made to get an unrepresentative group of the membership to pack the meeting and unlawfully dictate its predetermined re­sults. The telegram further stated that the suspension was unauthorized, that no charges were presented and no notice of the proposed action had been given to the mem­bership, that he was unlawfully deprived of the chair and that the members were unlaw­fully deprived of the chair and that the members were unlawfully denied the right to a secret ballot in voting on the suspen­sion. Mr. te Groen appealed from the pur- f orted suspension and has applied to the nternational Executive Board to invoke its

powers under Section 6, of Article 12, of the A. F. of M. By-laws.

“After extended discussion, it was moved, seconded and unanimously voted to direct the International President to appoint a committee of five members of the Inter­national Executive Board which is vested with the full power of the International Executive Board under the Constitution and By-laws, three members of said committee constituting a quorum with full (tower to act as the committee and to direct said com­mittee to hear the appeal of Mr. John te Groen dated March 1, 1956, and to direct said committee to proceed to investigate the allegations of Mr. John te Groen relating to the packing of the meeting of Local 47, and relating to the actions taken al said meeting, and to direct said committee to take all actions which it deems advisable and which the Board itself could take, and to authorize the chairman of said commit­tee, who shall be designated by the Inter­national President, to issue summonses to appear before said committee to be ex­amined, to testify and to produce papers.

“The International President thereupon appointed Executive Officers Kenin, Mur­doch, Ballard, Harris and Repp as members of said committee, Executive Officer Kenin to be chairman.”The committee held several days of hear­

ings in Los Angeles. On March 9, 1956, it addressed a letter to “Musicians’ Mutual Pro­tective Association, Local No. 47, AFM, At­tention: Maury Paul, Secretary,” ordering and directing that the charges against te Groen shall not be further pressed until completion of its investigation and that the special mem­bership meeting called for March 12, 1956,

be cancelled by order of the Executive Board of the A. F. of M. The text of the commit eeh letter is as follows:

“The Executive Board of the Amer can Federation of Musicians of the United States and Canada, by its duly designated Committee has begun an investigation ol allegations challenging the legality of ti e conduct and action of the general meeting of Local 47, A. F. of M., held February 27, 1956. It has been alleged that said meet­ing was packed and that the resolution suspending John te Groen from office as President of Local 47 was improper ind, hence, ineffectual, for the additional reasons that appropriate charges were not presented, that notice of such charges was not given to the membership, and that those pn-seiat at the meeting were denied the right to a secret ballot in voting on the resolution of suspension, all in violation of the By-lawa of Local 47.

“Pursuant to of suspension, against John te ing to hear and act upon such chargee has allegedly been called for March 12, 1956.

said challenged resolution charges have been filed Groen and a special laent-

The Committee of the Executive Board of the A. F. of M. find that the further proc­essing of said charges against John te Groen at this time and that the holding of said meeting would interfere with its authorized investigation of the above-described allega­tion respecting the conduct and acticn of the general meeting of February 27, 1956. Accordingly, to preserve its jurisdiction aad in fulfillment of its obligation and in its exercise of its powers prescribed by the Constitution and By-laws of the A. F. of M., the Committee of the Executive Foard hereby orders and'directs that pendin ; the completion of said investigation and the an­nouncement and enforcement of such de­cision as it may reach thereon, the chirges against John te Groen shall not be further processed.

“It is further directed.“1. That the meeting allegedly called or

March 12, 1956, is hereby cancelled and that the membership of Local 47 be orth- with advised by official communication from Local 47 that the meeting of March 12, 1956, is cancelled by order of th? Ex­ecutive Board of the A. F. of M.

“2. That any membership meeting called for the same or similar purposes as dial of the meeting allegedly called for March 12, 1956, be postponed until the completion of the Executive Board’s investigation.

“3. That John te Groen not reply to the charges against him until the complet or of the Executive Board’s investigation.”

“Signed by Herman D. Kenin, Stan­ley Ballard, W. Murdoch, Williai i J. Harris, and Lee Repp. Dated March 9, 1956,T,os Angeles. Calif.”

i. Board of Directors Meeting of March 9, 1956.Defendants Read, Atkinson, Baker, Clyman.

De Rosa, Dumont, Rasey and Toland viere present at this meeting. President te Gioen served as chairman.

At the start of the afternoon session of the meeting, Secretary Paul announced that he bad been served with the letter from the In-

37

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temational Executive Board committee, re­ferred to in subsection h above, just before noon. Paul proceeded to read the letter to all those present. Paul also reported to the Board that, in accordance with the instructions in the Committee’s letter cancelling the March 12 meeting, he had proceeded to order a mail­ing to the membership calling off that meeting.

A motion was made by Read “that this Board of Directors go on record again as commending the membership of Local 47 for calling a special meeting, and that there is no authority for calling off this meeting, and that if Mr. Paul sends out a notice to the mem­bership cancelling this meeting, he is doing so on his own authority as directed by the Com­mittee of the International Executive Board and this notice to cancel has not been author­ized by this Board of Directors.

Paul stated that as, under his oath of office, he was required to abide by the Constitution and By-laws of both the local and the Federa­tion he had no alternative but to honor an order from an International Executive Board Committee. Defendant De Rosa expressed adesire to attempt to find out from mittee itself under what authority mittee purported to act in issuing cancelling the March 12 meeting.

the Com- the Com- its order However,

I no action was taken on his suggestion. Read’s I motion was adopted by the Board with only I Paul and Hennon voting in opposition.I A motion then was adopted ordering Paul I to proceed with the preparation of secret bal- I lots to be used in the voting on the charges

against te Groen at the March 12 meeting. Paul and Hennon voted in opposition to this

I motion. Paul, in addition to stating his origi­nal objection that the meeting was illegally called in the first place, also stated that the

I call for the meeting must be deemed null and void in the light of the Committee’s letter ordering cancellation of the meeting.

The Board also adopted a motion instruct­ing Hennon to prepare the necessary member­ship list for the conduct of the secret ballot election and to employ whatever personnel was necessary for this purpose. Paul also opposed this motion.

A resolution was also adopted “ordering and directing Maury Paul not to send out a mailing to the membership at this time cancel­ling this meeting.” Paul and Hennon voted “No” on this resolution.j. The General Membership Meeting of March

12, 1956.As we have stated above, the Board of Di­

rectors of Local 47 voted to disregard the order and direction of the International Ex­ecutive Board, acting through its Committee, cancelling the special membership meeting which had been called to consider charges against te Groen. Accordingly, the meeting took place as scheduled, commencing at 11:59 P. M., March 12, 1956.

Defendants Read, Baker, Clyman, Atkins’on, Toland, Dumont, Rasey, De Rosa, Ulyate, Wald, Evans and Cram were present at this meeting. Defendant Berman was absent, te Groen, Paul and Hennon absented themselves from thia meeting inasmuch aa it had been ordered cancelled by the Executive Board of the Federation.

The charges against te Groen, which were sign* ‘1 by defendants Rasey, Cram, Evans and Ulyate, were read by Rasey. They are set forth in full in a prior section of this report.

Several speakers addressed the membership in support of the resolution, including Clyman, Ulyate, Baker and Toland.

In response to questions regarding the post­card which had been sent out to the entire membership by Paul cancelling the meeting under the direction of the International Ex­ecutive Board, Read informed the member­ship that at the March 9 meeting, the local’s Board of Directors, had reaffirmed its previ­ous position in favor of proceeding with the meeting and had instructed and directed Paul not to send out the cancellation notice.

The vote on the resolution calling for te Groen’s removal was conducted by means of a secret ballot which contained the following questions: “Shall John te Groen be removed from office as President of this Association? And shall charges be sustained for removal of John te Groen from the said office as Presi­dent?”

While the ballots were being tallied Read read to the membership a lengthy letter which he had sent to a friend of his in another city giving the entire history of the local’s dispute with the Federation. In the course of this letter, Read informed his friend that the local’s Board of Directors had voted 9-2 to defy the order of Petrillo’s committee and to go ahead with the March 12 meeting.

The vote on te Groen’s removal was 1,535 in favor and 51 opposed. The meeting was ad- iourned after this vote was announced.

;. Events subsequent to March 12.Promptly after the meeting of March 12,

te Groen filed an appeal, as provided for in the Constitution of the Federation, from the action of the meeting in removing him from office. The appeal alleged that the meeting was improperly conducted, that he was im­properly tried and that the purported charges did not state adequate ground for removal from office. In conjunction with his appeal te Groen requested a stay of the local’s action pending the appeal. This stay was granted on March 13 and reads in part as follows:

“I hereby grant to John te Groen pending the determination of his appeal to the In­ternational Executive Board to a stay of the alleged action of the purported member-' ship meeting of Local 47 removing Mr. te Groen from the office of president of that local. I further direct that Mr. te Groen shall remain as President of Local 47 and as Chairman of its Board of Directors with full powers in both capacities until the determination of said appeal by the Inter­national Executive Board. Copies of this telegram have been sent to each officer and each member of the Board of Directors. You are directed to notify all other mem­bers of Local 47 who may be affected by this action.

“James C. Petrillo, President, American Federation of Musicians.”

The amended charges in this proceeding against all of the defendants except Dumont were filed on March 15, 1956. The charges against Dumont were filed on March 28, 1956.

The Referee permitted evidence to be intro­duced as to meetings held and acts occurring subsequent to March 15 but has considered this evidence only with reference to the charges against Dumont. The Referee re­served ruling as to the competency of this evidence with respect to the other complaints

i and now rules this evidence to be inadmissible as to them. The facts with reference to events subsequent to March 15 will be dealt with, insofar as they are relevant to the charges against Dumont, in disposing of those charges below.

2. Basic Governing PrinciplesAs must be apparent, the underlying con-

troversy which lies at the root of this matter is an economic one. The defendants are the leaders of a group in Local 47 who believe that the collective bargaining policies of the Federation have deprived them of individual economic advantages to which they think they are entitled. The Federation, on the other hand, is committed to a policy based upon the Federation’s view of the interests of the musicians as a whole, particularly those who are or may become unemployed as a result of the modern trend toward mechanical re­production of music.

Although this particular problem is, to some I extent at least, unique to the musicians’ union, I it is not an unusual kind of problem. Indeed, I almost every union at some stage must balance I the interests of various groups among the em- I ployees whom it represents in determining the I allocation of benefits that can be negotiated by I the union. Illustrations come easily to hand. I A union which foregoes part of a wage in- I crease in order to obtain pension coverage or I increases for those already retired makes a I decision to divert part of the total economic I return which can be obtained as a result of I the work performed by the employees to creat- I ing benefits for the age who are no longer I employed, and who, indeed, often are no I longer members of the union. Almost every I fringe benefit varies in its impact upon van- I ous groups of employees. Insurance and sick I benefits, by their very nature, are contribu- I tions to the welfare of those who are dis- I abled or who die, made by all of the employees, I including those who are healthy. In the I negotiation of seniority plans in industrial I plants, judgments must be made as to the I relative employment rights of persons who I have worked in a given plant for a number of I years and others who have workers in a par- I ticular department for a number of years. I This kind of problem is particularly serious I where plants are merged or where one plant I of a group in a single bargaining unit is I closed down and efforts are made to integrate I the employees into the other plants.

A similar problem is presented every time I a union must decide whether a total wage I increase is to be spread over all of the em-I ployees, on an across-the-board basis, or I whether a portion of the total increase is to I be used to give larger increases to skilled I workers.

In all of these instances, as here, a union I must balance, as best it can, the interests of I the various groups which make up its member-1 ship. There is no easy path to follow and no I simple rule which will provide an answer satis-1 factory to all.

But these problems must be solved, and! answers must be given, by any labor union.! . Those answers should be given, and the rules! laid down, after the most careful consideration I । of the equities of the various groups involved! । and through the process established by the! i union’s structure for the making of suck! i decisions. I i

1 I the’ ' II F0*1 I me*« I divi I wen I sent.' I this I the I unio I plair I chan I subp I throi I and I of vi I whol I whic I Bu I every I ancr I its st I plain I chan; I prorr I divid I it is i I pursu I point I was i I Local I natioi I that I I tinue I begun I there:

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Nccessarily, when such decisions are made, I then may be those who feel that they have not I received their proper share of the benefits ne- I gotiated by the union. It is necessary to re- I member that in many cases the benefits being I divided would not have been available at all I were it not for the fact that the union repre- I gents the strength of all. But, notwithstanding I this fact, it would surely be a perversion of I the basic principles upon which the trade I union movement rests to find that mere com- I plaints and efforts, within its framework, to I change the policy of the union should be the I subject for discipline within the union. Only I through the process of constant reappraisal I and review which follows from the expression I of varying points of view, can the union as a I whole be sure that the balance of interests I which it is making is just and equitable.

But, just as surely, every union, and indeed I every organization, must insist upon compli- I ance with the reasonable rules which govern I its structure in the processing of these com- I plaints, and in the pursuit of the efforts to I change its policy. If the organization provides

Srocedures by which the grievances of the in- ividual group may be heard and considered,

I it is a fundamental obligation of the group to I pursue those procedures in presenting their I point of view. The correctness of this concept I was illustrated in this case by the action of I Local 47 in presenting its appeal to the Inter- I national Executive Board. The difficulty is I that the defendants in this case did not con­

tinue to pursue the course which they had begun. There was available to the local, as there is in almost every union, the right to ap­peal to the ultimate governing body of the union—the Convention. This procedure the

| defendants did not utilize, and in failing to utilize it, and in clearly demonstrating that they did not propose to do so, they violated one of the fundamental principles upon which all trade union organization must rest—the requirement that those with grievances against the organization utilize the remedies provided within the organization for the pursuit of such grievances.

Instead of utilizing the further internal pro­cedures of the international union, the defend­ants here undertook to begin a direct fight against the international union outside of its framework. My specific findings as to the extent to which the actions of the individuals violated the Constitution and By-laws of the Federation will be set forth below. Here I think it appropriate to set forth the underlying principles which must underlie analysis of the specific charges.

The first of these principles is that the Fed­eration, like any other organization, is entitled to require of its members that they comply with its reasonable rules. No organization can survive unless it imposes such a requirement as a condition of membership.

Sometimes these established rules maj »eem unjust, just as many'of the rules established by government may, at times, seem unjust. To those who believe there is injustice there is always the opportunity to work for revision. No democratic organization, and no demo cratic government, should attempt to require, as the price of membership or citizenship, the suppression of movement toward change. But every organization, and indeed every govern­ment, must insist that change be accomplished through the orderly processes provided for in

MAY, 1956

its constitution and must require obedience to its own rules and regulations until those rules and regulations are changed.

Defendants do not seem to understand this simple concept They argue that insofar as they may have violated the rules of the or­ganization, such violation was dictated by the “will of the membership” and that, therefore, it would be unjust and undemocratic to re­quire compliance with those rules.

There are many answers to such an argu­ment. The obvious one, which I.have already given, is that a voluntary organization has the right to require compliance with its rules as a condition of membership. But I am not satisfied to leave it at that. Our American unions are part of a movement dedicated to the ideals of our democratic society and I would have difficulty in making a decision in good conscience that individuals were guilty of violating undemocratic rules that are offensive to those ideals.

Much has been made, in this dispute, of the provisions of Article 1, Section 1, of the By­laws of the Federation. I put this aside im­mediately. Whatever my feelings with respect to that provision and whatever my powers might be if it were invoked, the fact is that it has not been invoked and I have not been charged with determining whether the de­fendants violated Article 1, Section 1, or any order or rule issued pursuant to Article 1, Section 1.

The rules and By-laws of the Federation which the defendants are charged with violat­ing give me no such difficulty. Indeed, they represent, to me, the essence of orderly demo­cratic trade union procedure. The specific provisions of the By-laws which the defendants are charged with violating are Article 12, Sec­tion 36; Article 13, Section 1.

Article 13, Section 1, is the provision of broadest application. It provides:

“It shall be considered a violation and an act contrary to the principles and declara­tions as set forth in Article 2 of the Consti­tution if a member in any way places ob­stacles in the way of the successful mainte­nance of a local or violates any law, order or direction, resolution or rule of the Fed­eration. A member found guilty of a viola­tion under this section shall be fined by the International Executive Board a sum of not less than $10.00 nor more than $5,000.00 or be expelled from the Federation.”With the specific provision concerning plac­

ing obstacles in the way of successful mainte­nance of a local union there can be no diffi­culty. No one, I think, can successfully argue that a voluntary organization does not have the right to require of its members that they refrain from deliberately obstructing its sub­ordinate bodies. Article 13, Section 1, also contains a general provision embodying the concept of compliance with the rules, orders and regulations of the Federation, and hence requires further inquiry as to the nature of the specific orders, rules and regulations which it is charged that the defendants violated.

The only specific charge which I have sus­tained and which is based upon this second part of Article 13, Section 1, is the charge that the defendants violated the order direct-

the membership meeting of March 12. 1956. Whether this order was within the authority of

the subcommittee of the International Erec a- tive Board, under the Constitution and By-laws of the Federation, will be discussed below. But the defendants seem to contend that even if the order was within the authority of the sub­committee, and was properly and appro­priately issued under the Constitution and By-laws of the Federation, basic principles of democracy gave the local the right to ignore it. The Constitution of the United States, they assert, guarantees the right of free speech and the right of free assembly. Any order prevent­ing a meeting of Local 47, therefore, must be void because contrary to the “will of the membership” and contrary to the Con dilu­tion of the United States.

This contention confuses the rights cf in­dividuals as citizens with the rules which must be established by any organization to regulate its internal procedures. Of course, the Con­stitution of the United States guarantees the right of assembly and the right of free speech. The order with respect to the meetirg of March 12 could not and did not purport to prevent any of the members of Local 47 as individual citizens from exercising their rights to speak freely or to assemble freely, jbe order was an order directed to Local 47 i nd its officials directing them not to ho d an official meeting of the local. If this order was within the competence of the body issuing it and was appropriately issued under the cir­c*mstances, nothing in the Constitution of the United States or in the principles of democracy gave the local or its office? the right to ignore it. Court orders directing the officers of a corporation not to hold a stcck- holders meeting or directing other bodies not to take official action are familiar enotgb to establish this proposition. To put the matter in terms of the concepts previously stated, an organization has the right to establish the rules and procedures by which it will ope rate as an organization. Neither the supposed ‘ will of the membership” or constitutional ri[ his of free speech or assembly are relevant in deter­mining whether individuals have violated the organization’s own rules in conducting its affairfl.

What 1 have already said disposes, I think, of any basic objections with respect to the validity of Article 8, Section 2, which provides for the issuance of stays pending appeal. The concept that the “will of the membership, ’ no matter how or when expressed can override the rights of individuals and the orderly pro­cess of internal trade union govemrient is contrary to elementary principles of union organization.

This would be easily seen if it were the “will of the membership” that an incividual be expelled from the union, without I earing, notice or charges, contrary to its own rules, because he disagreed with the view of the majority on a policy question. Tie very rights which Jthe defendants seek tc rssert would surely be frustrated if the a bitrary decision of the majority, without regard to the rules of the organization, could bti en­forced in this manner.

Precisely to protect against such arbitrary and lawless action, trade union rules Formally provide, as Local 47s By-laws do, for notice and hearing, and protect both memleni and officers against punitive action without these elements of due process. Sometimes, however,

39

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cancelling the March 12 meeting called te Groena removal;

(c) They openly invited the loss of charter of I o< al 47;

(d) They advocated dual unionism.With respect to each of these basic charges

two questions are presented: (1) Whether the charge is true and (2) whether, if true, it con-

40

Sections 14 and 16 of Article 1 of the By. jnjer < laws of Local 47 provide as follows:

warrant a finding against them. I find n . jU(1 evidence in this connection with respect to de *|S fendants Baker, Clyman, Atkinson or De Rose |. c

There remains the question of whether •L*nc

1 Section fined, suspended from office, or otherwise iction

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“Sec. 14. Any officer of this Association Section found guilty of neglect of duty or improper is spec conduct in office or disobeying an order oi idmit, the Board of Directors, shall be suspended,

the By-laws of Local 47, and, if so, were jviolntirxvi nf Ina kanaratinns Rv.lavara U

these procedural protections at the local level are not sufficient and in the Federation and many other unions, as in the courts, an appeal procedure is provided so that those who feel that they have been unjustly tried or convicted at the local level can seek redress from the international union. Such appeals are pro­vided for under Article 8 of the By-laws of the Federation. And, as an incident of such appeals, stays are provided for in Section 2, of this article in appropriate cases.

No argument can reasonably be made, I think, that stays properly issued under such provision are offensive to the notions of democracy because they may prevent the im­mediate expression of the “will of the member­ship.” If it is claimed that the “will of the membership” in a particular instance does violence to the rights of individuals or to the orderly processes of the organization, it is certainly appropriate for the international officers to be given the power to issue a stay so that that question can be determined in the proper way without the prejudice to the rights of the parties which might be the re­sult if no stay were issued.

There remains only, of the provisions of the By-laws of the Federation here involved, Article 12, Section 36. I do not think that any serious question can be raised as to the justice and propriety of this section, which provides, among other things that “advo­cacy of dual unionism . . . shall constitute sufficient and proper grounds for expulsion.” Advocacy of dual unionism is advocacy of the organization of a rival organization to per­form the same function as the Federation. Musicians no doubt have the right as citizens and individuals to urge and to work for the organization of a different union to replace the American Federation of Musicians. But the Federation has no obligation to retain them in membership if they seek to exercise that right. Just so, a citizen has the right to work for the Democratic Party or the Re­publican Party. But the Democratic Party has no obligation to retain in its membership persons who advocate its replacement in office by the Republican Party.

This simple truth is the basis for the almost universal provision in union constitutions under which dual unionism—that is organiza­tion or participation in activities designed to supplant the particular union with another— is regarded as one of the most serious offenses against the union and a basis for expulsion.

3. Analysis of the ChargesThe basic charges against the defendants

are that, in violation of the Constitution and By-laws of the American Federation of Musi­cians :

(a) They conspired to and did illegally oust President te Groen from office in Local 47 on February 27;

(b) They defied the March 1 stay ordef of the International President staying te Groen’s suspension and the March 9 order and direc­tion of the International Executive Board

stitutes a violation of the Constitution and By­laws of the Federation.

These questions will be dealt with with re­spect to each of the foregoing basic charges, a- Ouster of te Groen.

To recapitulate the evidence discussed in detail above, plans for te Groen’s ouster were first laid at meetings of the Steering Commit-

Defei

bership meeting. As already found, defendant Read acted as chairman of this committee and was its leader. In addition to Read, at least the defendants Toland, Wald, Cram, Ulyate, Berman, Evans and Rasey were active partici­pants.

The plans developed at the Steering Com­mittee meetings were explained in full at the Larchmont Hall caucus meeting which was called to develop support for the various plans of the Steering Committee, including the ouster of te Groen, which were to be presented at the February 27 general membership meet­ing. It is significant that the plans of the Steering Committee and the explanation there­of at the Larchmont Hall meeting were care­fully guarded from the vast majority of the membership, and specific instructions were given at the Larchmont Hall meeting to keep the plans secret until they were revealed at the afternoon general meeting, which had been called solely for the purpose of hearing Read’s report on his appeal to the International Ex­ecutive Board. As already found, defendant Read chaired and defendants Berman, Rasey, Ulyate, Cram and Evans participated in the Larchmont Hall meeting.

At the general meeting Rasey, without prior notice demanded te Groen’s resignation on ac­count of his support for the resolution (here­inafter called the “C.A.N. resolution”) unani­mously adopted by 29 Federation locals from California, Arizona and Nevada supporting the Music Performance Trust Funds. Rasey’s action was in accordance with the prior plans laid by the Steering Committee. When Paul explained that Rasey’s analysis of the C.A.N. resolution was based on an erroneous report of this resolution in Daily Variety, Read fol­lowed up with his resolution for te Groen’s suspension based, not on te Groen’s C.A.N- resolution position, but on the suddenly evolved ground of te Groen’s private state­ment to Read at the meeting that he would adhere to the orders and policies of the Fed­eration as required by its Constitution and By­laws despite the possibility of conflict with a position taken by Local 47. When te Groen ruled this'resolution out of order, Read ap­pealed the ruling to the membership and, tak­ing the chair himself, put the question to a voice vote despite a request that a secret bal­lot be conducted. He then conducted a voice vote on the resolution itself.

As already found, in addition to Read and Rasey, defendants Cram and Evans partici­pated in this general meeting actively in the actions connected with the ouster. Defendants Dumont and Toland sat on the stage as direc­tors. Defendants Berman, Ulyate and Wald were present.

On the basis of the above, 1 find that de­fendants Read, Rasey, Cram, Ulyate, Berman and Evans did conspire to and did engage in concerted actions to oust te Groen on Febru­ary 27, 1956. I find that while there is some evidence on the record as to the participation of Toland and Wald, it is not sufficient to

“Sec. 16. Charges of a nature justifying removal from office may be presented against any officer of this Association. Such charges must be in writing and must be presented at a general meeting of the As­sociation, all members having been notified thal such action is to be taken, and at such meeting, if the charges are sustained, by s two-thirds vote of the members present, such accused officer shall be removed from office.”It is clear thal the ouster of te Groen was

illegal under these provisions, te Groen was suspended from office without prior notice to him or to the membership, without charges and without a hearing, pursuant to a plan made at a secret caucus. The local’s by-laws calling for a secret ballot were disregarded. The vote suspending him was conducted under conditions of utter confusion and amid up roar.

The defendants who purportedly were re­volting against alleged dictatorial practices on the part of the Federation and its officials denied to te Groen the basic democratic rights which he, as the duly elected president, was clearly entitled to under the local’s by-laws and every precept of democratic trade union government. The defendants claimed these very rights in this proceeding, and they, of course, are entitled to and have been accorded these rights. Yet they seek to justify the denial of these same rights to te Groen on the theory that in ousting te Groen without these protections, they were carrying out the “will of the membership.”

This argument, which in another form is that the end justifies the means, is without merit. The theory of due process as laid down in the local’s own constitution, deriving, as it does, from the heritage of due process in our Federal and State Constitutions, protects any member or officer against discipline by even a majority of the membership without observance of orderly and fair procedures. Moreover, the suspension of te Groen here was effected under conditions which make it impossible to determine whether the majority will was really effected. The membership of 16,000 was not notified of the action, which was planned at a secret caucus. The voting itself was irregularly conducted. This was not proper action taken at a meeting of a local union democratically held and properly, Conducted.

To sanction such a meeting, where the basic law of the organization itself is flouted, would be to stamp approval on anarchy rather than to support democratic trade union government and practices.

INTERNATIONAL MUSICIAN

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I Defendants contend that the requirements ’If due process do not apply to le Groen’s TuBprnsion. They contend that the require- wents of filing charges in writing on a defend­ant presentation of the charge« at a general Meeting of the Association and proper advance lotice to the membership, orc applicable only lo “removal from office' under Section 16 lii do not apply tu suspension action taken Inder Section 14. They claim that summary Lotion of suspension is |>erinissible under ilectioii 14 since no procedure for such action lb specified in that section. They seem to ■admit, however, that no summary action under lection 14 would be proper in the event the lotion called for is a fine rather than a sus- Ipension, although they advance no satisfactory ■reasons for any such distinction under the ■language of Section 14, which covers fines land other disciplinary action, as well as sus­I tensions.I The answer to the defendants’ contention is Luite obvious. It is a familiar rule of law Ithat the local’s by-laws, like any document, ■must be read as a whole. Reading Sections 114 and 16 together, as they must be read, the Idue process requirements of Section 16 are clearly applicable to any action desired to be taken under Section 14.

Moreover, even if the provisions of Section 16 were held not to be technically applicable to Section 14. Section 14 itself permits sus-

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ey, of orded I y the I hi the I these I “willl

¡pension or fine or other discipline only after | an officer is “found guilty* of neglect of duty lor improper conduct in office.” This, in itself,

I believe implies that the finding of guilt is preceded by procedural due process. Bul surely, at the very least, it requires some sort of finding of guilt of neglect of duty or im­proper conduct. And the evidence here is

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lie Groen from office without even making a ■ charge that he was guilty.I Accordingly, the Referee finds that the last I named defendants “effectuated an alleged sus­I pension of the President of Local 47 con­I trary to the laws of Local 47.”| There remains the question of whether

■ these defendants' actions constituted a viola­I tion of the By-laws of the Federation.I Article 13, Section 1, of the Federation's I By-laws makes it a v iolation of the Constitu­I tion “if a member in any way places obstacles I in the way of the successful maintenance of I a local...” I find that these defendants’ plans | and acts did constitute a violation of Article 113, Section 1.I Officers of Local 47 are elected for two years, and for this period ihe membership reasonably is entitled to expect that there will be stability in the administration of the affairs

I of the local, absent any violation of the local’s constitution and by-laws by these elected officers, for which violations ample remedies are provided in the by-laws. A member elecled to an office in the local must forego his busi­ness as a musician. The full time officers exercise functions which are basic to the op­eration and maintenance of Local 47. They are responsible for the organizing activities of the local. They supervise the local’s busi­ness agents who help lo administer its con­tracts. They conduct the housekeeping and business affairs of the local, including the credit union and death and other benefits, and

•Emphasis added.

may, 1 956

they aid members on unemployment com­pensation, tax and other matters.

Clearly, the successful maintenance of Local 47 would be impaired by the illegal ouster, during their term of office, of elected officers charged with carrying out such fundamental activities of the local.

I do not mean to imply by the above that the mistaken removal of an officer following a good faith attempt to comply with the. local’s by-laws and accord due process would con­stitute a violation of Article 13, Section 1, of ihe Federation's By-laws. But that is not the case here. Here, J find a deliberate and wilful conspiracy to suspend le Groen, not for any neglect of duty or other proper charge, bul because he would not agree in advance to lead the local in defiance of the lawful regulations of the Federation. A local cannot be success­fully maintained as a local of the Federation in defiance of the Federation's Constitution and By-laws, or outside of the Federation. And by suspending te Groen for this reason, and in this way, these defendants were clearly placing “obstacles in the way of the success­ful maintenance’ of Local 47 as a local of the American Federation of Musicians.b. The Defiance of the Stay Order of the In­

ternational President and the Order and Direction of the International Executive Board.

Thc defendants Read, Rasey, Toland. Baker, (Hyman, Ulyate, Evans and Cram are charged with haling defied the stay order of Inter­national President Petrillo dated March 1. 1956, staying the summary suspension of le Groen by the February 27 general meeting and continuing him in office (»ending the dis­position of his appeal by the International Executive Board.

The same defendants, and defendants De Rosa, Atkinson and Dumont, are charged with having defied the order and direction of the International Executive Board, dated March 9, 1956, cancelling the March 12 special general membership meeting which had been called lo consider the formal removal charges against te Groen.

The Referee will deal with each of these charges in order.(i) The Stay Order of the International

President.The International President issued his slay

order on March 1. 1956. and the charge is thal this stay was violated by the named de­fendants' actions at the March 1 meeting of the Board of Directors of Local 47.

The defendants contend that the slay was illegal. In addition, they claim that even if it be assumed that the stay was legal, neverthe­less they are not guilty of the charge becausc ihcy complied with it.

President Petrillo’s stay was issued under Article 8, Section 2, of the Federation’s By­laws. Section 2 authorizes the International President to issue stays of judgments in con­nection with appeals referred to in Section I of Article 8. Section 1 provides, in |»arl, as follows:

“An appeal can be made to the Inter­national Executive Board from any decision of whatever kind of a local or any other authority.”Seclion 2 provides:

“In the event of an appeal to the Inter­national Executive Board or to a Con ven -

tion the appellant may request a stay of judgment from the International President, who shall decide whether or nol the ap­pellant is entitled lo same. If the requitt for stay of judgment is denied, then the appellant must deposit the amount of a ly fine placed, or any claim allowed, or in lieu thereof a satisfactory bond with the local, if the appeal is concerning a vto lation of a local Jaw by a local member, or with the International Treasurer, if the appeal is concerning a violation of, or governed by Federation laws. If the appeal is upheld, then the deposit shall be returr ed to the appellant.”The defendants argue that the stay is illegal,

on the ground that only a “stay of judgme it* is authorized under Section 2 and they inter pret “judgment” to refer only to the imposi­tion of fines. Thei claim that a susfiension of an officer is not a “judgment” against him.

They reach this result by construing th«; special provisions of Section 2 relating to fines, which apply only when a request for 1 stay of a fine is denied, as placing a limitation 011 Ihe types of judgments for which stays may be granted.

However, it is plain that no such limitation may be read into Section 2. The purpose ci requiring deposit of the fine or a satisfac ory bond when a stay of a fine is denied it to assure the local involved or the Federation that Ihe fine will be paid in the event tie appeal is denied. No such protection of ihe interest of the local or the Federation is required when a request for a stay of a sus- ¡»ension or expulsion is denied since, abseil the stay, the suspension or expulsion is in effect during the appeal.

As concerns situations which merit the granting of a stay of a fine, the By-laws do not require any security (»ending appeal. Likewise, the By-laws do not require any security (end­ing ap[»eal in situations which merit the grant­ing of a stay of n suspension or expulsion.

Hence the Keferec concludes that the sjecial provision relating to denial of slays of fines does nol limil the scope of “judgments" vhich may be stayed. The correctness of this con­clusion becomes further evident from the de­fendants' own views on the logical extension of their position.

Thus, the defendants do not go so far as to say that the International President voald not have authority to stay an expulsi >n as distinguished from the suspension of an effi­cer. They do not take the position that since an expulsion is not a judgment in the nature of a fine, the stay powers of the President therefore are not applicable. The contention of the defendants, therefore, must fall of its own weight. Clearly, an expulsion is as much a judgment, indeed more so, against the ai- fected individual as a fine, and so. too, n sus­pension of on officer is n judgment egainst the affected individual within the mearini of Section 2. The loss of the office and the salary attached thereto and the adjudication rf guilt necessarily implied constitute a considerable penalty against an)’ officer who is susjended.

When Section 2 is read together with Sec­tion 1, as il must lie, the fallacy of defend ants’ argument becomes even more patent, Section 1 provides for an appeal “from any decision* of whatever kind of a local" and Section 2

■Emphasix n tided.

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under the Constitution and By-laws; (2) to

the committee to take all actions which it

the International President to appoint a com. mittee of five members of the Board whict is vested with the full power of the Board

direct the committee to hear the te Groen appeal; (3) to direct the committee to inves­tigate the allegations concerning the packing of the meeting of Local 47, and (4) to direct

clearly is designed to apply the stay power of the President in the event of an appeal from any such decision to the International Execu­tive Board or to a Convention.

There is another important consideration. If the defendants had a good faith doubt as to the validity of the stay, il was incumbent upon them, in conformance with sound trade union principles and sound principles of gov­ernment, to request an interpretation from the International Executive Board as to the scope of the stay powers of the International President under Article 8, Section 2. It is common practice for attorneys to seek inter­pretations of stay orders issued by courts and the defendants certainly should have resorted to this elementary procedure, particularly since the International Executive Board is empowered, under Article 1, Sections 5D and 5G, to have general supervision over all mat­ters and questions relating to the Federation or any of its members or any local.

It is evident, therefore, that there is no merit in the defense now asserted that the defendants were entitled to ignore the stay because it was not authorized by Article 8, Section 2 of the Federation’s By-laws.

However, we must consider now whether the stay order was violated by defendants. When President te Groen, Financial Secretary Hennon and Secretary Paul walked out of the purported meeting of the Board of Directors on March 1, 1956, after President te Groen had declared any such meeting illegal on the basis of President Petrillo’s stay, the remain­ing members of the Board of Directors were insufficient to constitute a quorum. Neverthe­less, it is quite apparent that the defendants Read. Baker. Clyman, Toland, and Rasey, who remained, were prepared to violate the stay and proceed with the meeting. In fur­therance of this intent, they attempted to round up any member of the local who, under the By-laws of the local, might be specially sworn in as a member of the Board of Direc­tors in order to make up a quorum. Being unable to locate any such member, the de­fendants decided to abandon their efforts to go on with n Board meeting and adjourned.

While it is perfectly clear that the above- named defendants attempted to hold a meet­ing in defiance of the stay order, the fact is that no meeting actually was held and the stay order could not, therefore, be violated.

As to defendants Ulyate, Evans and Cram, they were not members of the Board, were not shown to be present, and can not there­fore be held to have either intended or com­mitted a violation of the stay order.(ii) The Order and Direction of the

International Executive BoardOn March 1, 1956, the International Execu­

tive Board established a committee of five Board members to hear the appeal of te Groen from his summary suspension at the Febru­ary 27 general membership meeting and to investigate his allegations relating to that meeting and the actions taken there. The motion of the International Executive Board establishing this committee vested it “with the full power of the International Executive Board under ihe Constitution and By-laws.” The Board also directed the committee “to take all actions which it deems advisable and which the Board itself could take.”42

While te Groen’s appeal was pending before this committee, removal charges were filed against him on March 5 and a special gen­eral meeting of the local was called for March 12 by petition of over 300 members to con­sider these charges.

On March 9, the committee issued an order and direction addressed to Local 47 which ordered the removal charges against te Groen held in abeyance, cancelled the scheduled gen­eral meeting of March 12, and ordered that the membership of Local 47 be advised of the cancellation of this meeting by the Executive Board of the Federation.

The order was served on the defendants Read, Atkinson, Baker, Clyman, De Rosa, Du­mont, Rasey, and Toland while they were attending a meeting of the Board of Directors of Local 47 on March 9. The Board of Di­rectors disregarded De Rosa’s suggestion for seeking clarification of the order and direc­tion from the committee and thereupon adopted a resolution proclaiming that “there is no authority for calling off this meeting.’’ The Board also ordered Paul to proceed with the preparation of secret ballots for the March 12 meeting, instructed Hennon to prepare the necessary membership lists for the secret ballot election, and ordered Paul not to send out a notice of cancellation of the March 12 meeting as required by the order and direc­tion of the committee. All of the defendants present at this meeting, named above, voted in favor of these actions.

There can be no question from the fore­going summary of the actions taken by the defendants at the March 9 Board of Directors meeting that they deliberately defied the order and direction of the committee of the International Executive Board.

The defendants urge, however, that the committee’s order and direction was invalid because:

(1) The committee, not being the full Executive Board, did not have the power to issue any such order and direction because its authority was limited to investigation of the matters alleged in te Groen’s appeal: and

(2) The Federation has no power to can­cel a meeting duly called by the membership of a local.

1 find these contentions to be without merit. It is clear, first, that the International Execu­tive Board has authority under Section 5H and 5G of Article 1 of the Federation’s By­laws to delegate its powers to a subcommittee of the Board. Second, it is equally clear that the Executive Board did delegate to the com­mittee all of the power and authority of the Board to deal with all matters relating to the dispute within Local 47, including, but not limited to, the te Groen appeal and the alle­gations relating to the packing of the meeting of Local 47 on February 27 and to the actions taken at the meeting. Defendants’ attempt to construe this delegation of authority to the committee in an extremely limited way, nar­rowing it to investigation into the te Groen allegations of the holding of a packed meet­ing by Local 47 and nothing else.

That this was not the limit of the commit­tee’s authority is clear from the text of the resolution by which it was appointed, which I have already set forth. As stated in that resolution, the Board voted: (I) To direct

deems advisable and which the Board itself could take.

It is obvious from the foregoing that the committee was vested with the full authority of the Executive Board to investigate and deal with the dispute which had occurred within Local 47 and that there is no substance to the claim that its stay order was not within the scope of its powers if the Executive Board it- self had such powers.

The question then is whether the Executive Board would have had the power itself to order cancellation of the March 12 meeting, In the face of the serious charges made by te Groen in his appeal to the International Executive Board—charges that te Groen was railroaded out of office without charges or notice by means of a secret group having packed the February 27 general meeting and in violation of the local’s by-laws—it was en­tirely reasonable for the Executive Board to have concluded that pending its complete in­vestigation into te Groen’s allegations and determination of te Groen’s appeal, the status quo should be preserved until the Executive Board could have time to unravel all of the facts surrounding this obviously volatile situ­ation, and to order whatever remedial actions might have been required under the circum­stances, including cancellation of the March 12 meeting originally called by the resolution removing the officers proposed by Read at the February 27 meeting which the committee was investigating.

As to the power of the Board to take such action under Sections 5G and 5H of Article 1 of the Federation’s By-laws there cannot be the slightest doubt. Even in the absence ol such broad powers, however, I would hold that the power to issue a stay of the meeting of March 12, 1956, would be a necessary inci­dent to the power to hear appeals and to exer­cise general supervision over the affairs of locals which is inherent in any governing body of an international union.

The power of the executive body of a trade union to hear an appeal is not limited simply to the power to affirm or reverse what was done by the local. Il may call for the exer­cise by the international of its general super­visory powers so that the situation disclosed by the appeal may properly be dealt with and the interests of the International union pro­tected.

Certainly it was the right, duty and obli­gation of the International Executive Board to apprise the entire Local 47 membership of 16,000 as to the truth or falsity of the charges contained in te Groen’s appeal before the Local 47 membership acted on the subsequent removal charges against te Groen. Certainly also the entire membership had a right to expect it would be enlightened as to the plans and schemes of the Steering Committee to carry on an all-out fight against the Federa­tion and to oust te Groen, and to do this by means of secret maneuvers and careful selec-

INTERNATIONAL MUSICIAN

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.Ition of a portion of the membership to com? Ito the general membership meeting. In the Jibeence of such disclosure the meeting of ■March 12 might afford the form of due pro- |etM without the substance.I Finally, it was clearly the right and the Ijgty of the International Executive Board, in ■die light of the obvious turmoil and confusion gin the local, and the serious charges that were ■being made, to conclude its investigation with- |oot further action being taken at meetings of ■the local to deal with the matters being in- [ustigated.I Defendants argue that the International I Executive Board had no authority to cancel I the meeting because it was the “will of the I membership" that it he held and that their I right to hold the meeting was guaranteed by I the Constitution of the United States.I I have already dealt with this argument. I As 1 have said, the will of the membership in i democratic trade union, as in any demo­cratic organization or government, may be exercised only within the framework of the structure and laws of the parent body.

I This fundamental principle is expressly in­corporated in Article 12, Section 1 of the Fed­eration’s By-laws, which provides:

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I “Locals are required to adopt as part of I their local Constitution and By-laws a pro- I vision to the effect that the Constitution and I By-laws of said local is subject and sub- I ordinate to the Constitution, By-laws and I amendments thereto of the Federation, and I providing further that wherever conflict or I discrepancy appears between the Constitu- I tion and By-laws of the local and the Con- I stitution, By-laws and amendments thereto I of the Federation, the latter shall prevail.” I This provision, of course, is binding on the I directors of Local 47. Under this provision the I Board of Directors, as the leaders and respon- I sible officers of the local, were obligated to I obey the order and direction of the Interna- I tional Executive Board, which I have found I vas a valid order and direction under the I Federation’s Constitution and By-laws.

Accordingly, I find that defendants Read, Atkinson, Baker, Clyman, De Rosa, Dumont, Rasey, and Toland, by their actions at the meeting of March 9 violated a valid order and direction of the International Executive Board.

This violation constitutes, without more, a violation of the provisions of Article 13, Sec­tion 1 of the Federation’s By-laws as a viola­tion of a “law, order, or direction, resolution or rule of the Federation.”

It is also charged that this violation of the stay order, along with other actions, consti­tuted the placing of obstacles in the way of the successful maintenance of Local 47 under other language in Article 13, Section 1. In view of my other findings, I find this charge merely cumulative and hence predicate no findings of guilt upon it.

I find that the defendants Ulyate, Evans and Cram not guilty of the charge of violating the March 9 stay order.

c. Inviting the Loss of the Local 47 CharterAll of the defendants except Dumont are

charged with openly inviting the loss of the charter of Local 47, which it is charged, would terminate the successful maintenance

may, 1956

of Local 47 in violation of Article 13, Sec­tion 1 of the Federation’s By-laws.

The evidence bearing on this charge has already been set forth and will not be re­peated here. From this evidence and from the testimony which was presented before me, I find that the deliberate decision not to pur­sue the remedy of appeal to the Convention on the trust fund question, the passage of the resolutions at the meeting of February 27, the ouster of te Groen, the intended defiance of the March 1 stay order, and the defiance of the March 9 stay order were all actions taken in pursuance of a plan to provoke the Feder­ation into revoking the charter of Local 47.

It is clear that the entire sequence of events here came about as a result of a decision by a small group within the local to convert the opposition to the Federation’s trust fund poli­cies -from a controversy within the Feder­ation’s framework to a direct attack on the Federation itself. And this decision was not to make the fight against the Federation a fight of individuals but an official act of Local 47.

It could not reasonably be anticipated that Local 47 could carry on this program directed against the Federation and still remain a part of the Federation. But it was apparently de­cided by this group that this fight should not be initiated by an outright secession move­ment. Whether this decision resulted from fear that the local would not vote for seces­sion from the Federation, or from their desire to create a favorable public opinion, I do not know. It is clear, however, that it was de­cided to take action which, in Read’s words, would provoke immediate retaliatory action by the Federation.

Read himself left no doubt about the mat­ter when, in outlining the proposed course of action at the Larchmont Hall caucus, he said that he prayed God that as a result of the action planned by the group for the member­ship meeting the Federation would revoke the local’s charter. “The best thing that could happen to us,” he later told the membership meeting of February 27, “would be to have them expel us as a group."

It is true that all of the defendants except Read denied on the stand that they openly invited the loss of the local charter. But, in the light of the testimony as a whole, 1 can­not credit their denials. It does not seem credible to me that an individual could en­gage in a deliberate plot to induce his local union to fight the international union of which it is a part in the courts, to oust the duly elected officers because they might obey the international’s orders, and to defy the orders of the international when they were issued, and yet not be held to invite the loss of the local’s charter from the international. Certainly, the defendants Read and Rasey, whom I have found guilty of participating in planning and executing the ouster of te Groen, and whom I have found subsequently openly defied the order and direction of the Execu­tive Board, must have intended the logical consequences of their acts. These defendants I find also guilty, therefore, of openly invit­ing the loss of the charter of Local 47 and therefore obstructing the successful mainte­nance of Local 47, in violation of Article 13, Section 1 of the Federation’s By-laws. As to the defendants who participated in some, but

not all, of these acts, while 1 am convince! that perhaps all of them also understood whet they were doing, nevertheless, in keeping with my desire to grant to the defendants the bene­fit of any doubt, I am finding not guilty of this charge.

d. Advocacy of Dual UnionismAll of the defendants are charged will

advocating dual unionism in violation of Article 12, Section 36 of the Federation’s By­laws. As 1 have said, this is one of the me st serious charges that can be leveled against a trade unionist.

I believe that it is clear, and 1 find tl at the defendant Read openly advocated di al unionism. He did so at the caucus meeting at the Larchmont Hall caucus and the gen­eral membership meeting on February 27. Thus, at the Larchmont Hall caucus, Read said:

“We are in a position to ask the Na­tional Labor Relations Board to certify us immediately as a bargaining agent.”He also said:

“If in the event that the Federation should expel any sizeable group of musi- ci an« here, or take the local’s charter away from it. which pray God they do, because that is the best thing that could happen te us. then we would have to continue offer­ing payments of dues and taxes until suck time as any new organization was certified as a bargaining agent.''At the membership meeting, after castigat­

ing the leadership of the Federation, lead said: “What can Local 47 do further within the Federation? Nothing. Not a damn thing.” In addition, Read stated, “We will imme­diately petition the National Labor Relations Board for certification as bargaining agent in all fields of recorded and filmed music,” and Read went on to explain the great ad­vantages which he asserted would accrue when the local obtained rights to bargain its own contracts.

Warnings by te Groen and Bagley that adoption of the resolutions introduced by Read might lead to revocation of the Local 47 charter by the Federation were derided and minimized by Read in these words:

“I believe that the best thing that could happen to us would be for us to withdraw from the Federation.”He left no doubt, in his remarks, that the

course of action which he planned and advo­cated involved the creation of a separate liar­gaining unit for Local 47 outside c f the Federation and in opposition to it, a id an election campaign to certify the local i istead of the Federation under the National Labor Relations Act.

This is dual unionism. Read’s objective could not be achieved in any other manner than by establishing a union dual to tbe Fed­eration.

With respect to the other defendants charged with dual unionism, I find that while they supported Read in his plans and actions towards dual unionism, that there is a reason­able doubt as to whether they fully under­stood the implications of his plans and actions, and liecause of the serious nature of the charge and my desire to accord thsin the

J 43

;

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ArticiFédérât

«am of

lenged the validity of Article 12. Section 36.

and BA

A

ns *

at

Ui

MA

found and B

amended charges.f. Ulyate is found

is

BJAvuM trrinq group infortì

Span Hui iblxl iHvai

Cram are guilty of violating Article 13. Stec- tion 1 by their actions and participation

should be disqualified from deciding th charges on the ground of bias and prejudic against the defendants. Al the trial, the de

guilty under charge 1. of te Groen’s amended

guilty under charge 1, of te Groen’s amended

found guilty under charge 1, and B of te Groen’s amended

MCui

Hollo' abran

Gu

I ruled against this request al the hearing $1000 and hereby reaffirm my ruling for the same Similar reasons discussed at the hearing.

fendants requested that the International Ei »uiltv i ecutive Board members be produced for <jues jned b] tioning as to bias and prejudice.

• ta t i • - “ i Sect!(vi) Defendants, in their answers, chai 36

benefits of any doubts, I find these defend­ants not guilty of advocating dual unionism.

e. Other Charges and Defenses

(i) All of the defendants except De Rosa. Atkinson and Dumont are charged with hav­ing met in secret session on the morning of February 27, 1956, and having “conspired unlawfully to oust the officers of Local 47 and for that purpose prepared the speeches, resolutions <md action for the regular mem­bership meeting of February 27, 1956, at 1:00 P. M., concealing such plans from the officers of Local 47 and the great bulk of the membership of Local 47.” This charge re­lates to the Larchmont Hall caucus which we have seen was a private session of about 100 members carefully selected and personally invited by the members of the Steering Com­mittee to prepare them for actions which were planned by the Steering Committee for the general membership that afternoon.

Defendants contend that the Larchmont Hall meeting was nothing more than a caucus of certain members of the local who desired to coordinate a campaign to achieve modifica­tions of the Federation’s trust fund policies. I recognize that there are circ*mstances when it may be appropriate for a portion of the membership of a trade union to meet or caucus prior to a general meeting in order to prepare their course of action on subjects properly coming before that general meeting. Essential to the legitimacy of such caucuses, however, is the opportunity of all interested members to mobilize their own caucuses on the questions to come before the general meeting. Here, however, neither the officers nor the bulk of the membership of Local 47 knew that the course of action planned at the Larchmont Hall caucus was even to be con­sidered at the general meeting, which was supposed only to hear Read’s report on his appeal to the International Executive Board. The primary purpose of the caucus was to disclose to a limited and sympathetic group the plans for the summary and illegal ouster of the local’s officers and the other actions to be proposed at tbe meeting, all of which they intend to spring suddenly upon the unpre­pared and unwarned officers and members at the general meeting. Caucusing to arrange such plans, when considered in relation to their effectuation at the general membership meeting, constitutes the placing of obstacles in the way of the successful maintenance of the local in violation of Article 13, Section 1 of the Federation’s By-luws. A caucus to achieve an unlawful end cannot be justified any more than the commission of the offenses which constitute the unlawful end can be justified.

Accordingly, I find that the defendants Read, Rasey, Ulyate, Berman, Evans and

the illegal I^irchmonl Hall caucus.I have found that the defendants Wald.

Clyman, Baker and Toland did not partici­pate in the illegal Larchmont Hall caucus and accordingly 1 find them not guilty of this charge.

(ii) Certain defendants are charged with having “arranged for a special meeting of Local 47 for March 12. 1956, contrary to the laws and procedure of Local 47.”

Standing alone, this allegation is too broad and general to support any finding in the ab­sence of additional specification. No such specification was offered, either prior to or at the hearing,, and no evidence tendered which can properly be related to this allega­tion. I therefore dismiss this allegation.

(iii) Certain defendants are charged with having unlawfully ousted le Groen at the March 12, 1956, general meeting in that: (1) the charges against le Groen were presented at n special instead of a general meeting of the local as required by Article 1, Section 16 of the local’s By-laws; (2) the membership was improperly notified of this meeting, since the notice was not sent in compliance with Article 1. Section 3 (d) of the local’s By-laws; and (3) the ouster was “otherwise in viola­tion of the By-laws of Local 47.”

There is no merit in the allegation that the March 12 meeting was improper because il was a special membership meeting of the local. A special meeting of the membership is a general meeting of the local just as a regular monthly membership meeting is a general meeting of the local. This meeting, therefore, was a general meeting of the mem­bership within the meaning of Article 1, Sec­tion 16 of the local’s By-laws.

As concerns the alleged impropriety of the notice of the meeting sent to the membership, Article 1, Section 3 <d), provides that the Re­cording Secretary shall be responsible for noti­fying members of all regular and special meet­ings of the Association. The postcard notice for the March 12 meeting was sent out with­out any signature and without the knowledge or authority of the Recording Secretary. The sending of an anonymous postcard notice for a membership meeting is certainly not good practice. And there was no showing that the Recording Secretary, if contacted, would not have authorized ihe mailing of notices in his name. Even if, as the defendants claim, he was not available when the cards were printed, he was available before they were mailed and certainly should have been informed of the action taken.

However, in view of the other findings herein relating to these same defendants, I do not feel that it is necessary to predicate a finding of guilt on this particular incident.

The allegation that the ouster “was other­wise in violation of the By-laws of Local 47” I find to be too broad and vague, in light of the lack of evidence or specification on the record, und 1 therefore dismiss this allegation.

(iv) Defendant Dumont is charged with having voted al a meeting of the Board of Di­rectors of Local 47 on March 23, 1956, to re­move the president’s salary from te Groen and transfer it to Read, and to consider Read as the President by succession despite the Inter­national President’s stay of le Groen’s March 12 removal.

There is no evidence in thi* record of any such action taken by Dumonl al a meeting of the Board of Directors on the specified date of March 23, 1956. Apparently, the date alleged was in error, but in the absence of any move on the part of the plaintiffs lo correct this error and in the absence of any evidence ex­plaining this error, the Referee finds that there is no evidence on which this charge may Im* sustained, and it is dismissed.

(v I Defendants, in their answers, raised the defense that the International Executive Board

and .Article 13, Section 1, of the Federation’s By-laws. However, no argument or reasons were put forth by the defendants in support of this defense.

As is evident from the foregoing findings the Referee is of the view that these provisions of the By-laws ure lawful and valid and he so finds.

Accordingly this defense of the defendants is denied.

4. Concluding FindingsIn light of the above findings. I hereby con­

clude with respect lo each defendant us fol­lows:

a. Read is found guilty under charge 1, paragraphs A, B and G, that portion of charge 2 dealing with the order and direction of the Executive Board, and charge 3 of te Groen’s amended charges.*

b. Rasey is found guilty under charge 1, paragraphs A, B and G, and that portion oi charge 2 dealing with the order and direction of the Executive Board, of te Groen’s amend­ed charges.

c. Toland is found guilty under that por­tion of charge 2 dealing with the order ind direction of the Executive Board of te Groen’s amended charges.

d. Baker is found guilty under that portion of charge 2 dealing with the order and direc­tion of the Executive Board of te Groen’s amended charges.

e. Clyman is found guilty under that por­tion of charge 2 dealing with the order and direction of the Executive Board of te Groen*

paragraphs charges.

g. Evans paragraphs charges.

Ii. Cram paragraphs charges.

tinionisi punch

I hav to the | each de a violat feigh’n ered lh< of the i tent an< of wilfi of coin fimsl in

I ha discipli not pri

to sori sake nl Mrily ship w' inilucm ness of mem he :troy ll iul con serve Local »store iul mu Amerit the be that il outsidi exists, the pr and bi handle stitutii

In n mend:

i. Berman is found guilty under charge 1, paragraphs A and B of Hennon’s charges.

j. Atkinson is found guilty under charge 2 of Hennon’s charges.

k. De Rosa is found guilty under charge 2 of Hennon’s charges. -

1. Dumonl is found guilty under that por­tion of the charge dealing with the order oi the subcommittee of the Executive Board ul Hennon’s charges.

With respect to the other charges against the foregoing defendants, I find them not guilty.

m. Wald is found not guilty with respect lo all of the charges against him.•Although there is a typographical omission of th« identifying letter “A” from te Groen’s amende« charges, paragraph A of such charges, as referred to herein, deals with the allegations relating to tM 10:00 A M. meeting on February 27, 1956.

INTERNATIONAL MUSICIAN

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RECOMMENDATIONS•rejudi

|onal Ej

Tendants!

onl-

t por-

roen«

;ndedDated: May 4. 1956

nded

BAND LEADERS

Addreu

mend that the Board remit this penalty with respect to this defendant.

large 1, f charge i of the i Groen s

reinstatement to inembershi] International Executive Boarc

mission of such penalty and I therefore ret

BURLINGTON, IOWA

eby con- t as fol-

GENE MEGS 739 KAINS, ALBANY, CALIFORNIA

interests of all would be served by the nj-

T A M MUSIC CO.F. O Boa 13a, North Frovidanca 11, R. I,

4 Article 13, Section 1 of the By-laws of the •Federation provides that a member found ■guilty of a violation of the section shall be lined by the International Executive Board a |<om of not less than $10.00 nor more than ■55,000 or be expelled from the Federation. ■Similar penalties are provided for in Article r. Section 11 of the By-laws. Article 12, Sec- llion 36 provides that the advocacy of dual laionism shall constitute sufficient and proper [grounds for expulsion.[ 1 have given the most careful consideration Ito the penalty which I should recommend for Lieh defendant whom 1 have found guilty of

I violation of the Federation’s By-laws. In Leigh'ng the penalty of each 1 have consid- [pied the evidence in the record, the demeanor

K chL ption 36, eration’s

1 reasons support

I of the witnesses testifying before me. the ex- '■tent and character of the violation, the degree I of wilfulness involved and the fact of advice I of counsel, along with all of the other cir- I cunstances.I I have also considered the principle that ■ disciplinary actions within trade unions are ■ not primarily punitive in character. Their I purpose is not to exact the payment of a debt Ito society or lo inflict punishment for the | sake of punishment. They are designed pri- I manly to protect the union and the member- Ihip which it represents from the disruptive | influences which would reduce the effective- | ness of the union in obtaining benefits for its | membership and which might eventually de- I :troy the union. I have, therefore, given care- I id consideration to what I believe would best I >erve the interests of the membership of

Local 47 and of the Federation, and would restore harmony to and promote the success-

| fol maintenance of Local 47 as a local of the American Federation of Musicians. Certainly the best interests of the membership require that the all-out fight against the Federation, outside of its framework, which I have found exists, should cease forthwith and that all of the problems that exist both within the local and between the local and the Federation be handled within the framework and the con-

1. That the defendant Read be expelled by the International Executive Board from mem­bership in the American Federation of Musi­cians and, consequently, from membership in its Local 47 and from office therein, subject to the condition that Read shall have the right, at any time after one year, to apply for

arge 1. tion oi

i rection amend-

stitutional processes of the Federation.In accordance with the foregoing, I recom­

mend:

and that the under the pro-

H»rd..... ; light (biadi, rod) or silver) ...............

recommend that, if these conditions are com­plied with, at the end of one year, the Inter­national Executive Board shall declare the penalty herein recommended wholly satisfied and of no further force or effect except as specifically provided in paragraph (a) abo/e.

3. That the defendant Wald be found not guilty on all of the charges against him.

4. With respect to the defendant De Rosa, 1 haxe found him to have been guilty of vio­lating the stay order of March 9, 1956. The evidence in the record shows additional miti­gating circ*mstances as to him. Indeed, de­fendant De Rosa at the Board meeting of March 9 suggested that the Board seek ait interpretation from the committee of the In­ternational Executive Board as to the mean­ing and application of its stay before the Board voted to violate that stay. Although, perhaps. I should, under the By-laws of the Federation, recommend that a fine be imposed on this defendant, I believe that the bent

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visions of Article 3, Section 7, of the By-laws, shall entertain and approve such application, provided that, during the period of expulsion, he has not engaged in any further advocacy of dual unionism against the Federation, he has not placed further obstacles in the way of Ihe successful maintenance of Local 47 as a local of the Federation and has not violated any law, order, direction or rule of the Fed­eration, or aided or abetted others in any of the foregoing.

I further recommended that such reinstate­ment be conditioned upon compliance with the rule now set forth in Article 10, Section 8 of the By-laws of Local 47 that “no expelled member of this association readmitted to mem­bership shall be eligible to hold office for the period of two years from the time of such readmission,” and that, accordingly, Read shall not be eligible lo be a candidate for or to hold office in Local 47 for a period of two years after the reinstatement.

I make this recommendation with respect to Read because it is clear from the record, as I have found, that he was and is the leader and guiding spirit in each of the violations that 1 have found.

2. That the defendants Rasey, Toland, Baker, Clyman, Dumont, Atkinson, Ulyate, Evans, Cram and Berman, and each of them, be expelled by the International Executive Board from membership in the American Fed­eration of Musicians and, consequently, from membership in its Local 47 and from any office therein, subject to the following condi­tions :

(a) That, as expelled members, and in ac­cordance with the rule now set forth in Article 10, Section 8 of the By-laws of Local 47. that “no expelled member of this associa­tion readmitted to membership shall be eligi­ble to hold office for the period of two years

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from the time of such readmission, “they, and each of them, shall not be eligible to be can­didates for or to hold office in Local 47 for a period of two years after reinstatement as set forth below;

(bl Thal, after one day, the remainder cf their penalty of expulsion shall be suspended and their application for reinstatement be deemed filed and granted by the International Executive Board on condition that they do not engage in advocacy of dual unionis m against the American Federation of Musicians, that they do not further place obstacles in die way of Local 47 as a local of the American Federation of Musicians, that they do njt further violate any law, order, direction >r rule of the Federation and they do not aid jr

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IBhave I

WANTED—Used ”D” trumpet with case, prda ably Bach. State price. Nolan W'illence, 22T

Central Ave., Indianapolis 5, Ind._____________ WANTED—Flute, Haynes or other top quality:

also clarinet, student grade, wood. Must b reasonable, give details. B. Burford, 702 West Park Road, Iowa City, Iowa.__________________ WANTED—Conn B3 soprano saxophone (cunei

model)» with case, A-l condition, describe fuih.John E. Robinson, 1202 North Main St., Evans- ville 11, Ind.___________________________________ WANTED—Guitar, Gibson L-5 or L-7 preferred ct

D’Angelico ‘’Excel.” Write R. Ditzel, 61 Daks Ave., Jersey City 6, N. J. DElaware 2-8686.WANTED—Bass flute, state price, make and coo

dition. William Lorenz, 2633 Bewick Ave..Detroit 14, Mich.WANTED—Modern, swinging top quality jau

drummer; faultless beat. To join young combe (accordion, bass, clarinet), for summer engage­ment at high paying, fabulous New Hampshire resort. Must have Latin experience (timbales), and preferably double on vibes. Only neat, de­pendable, reliable, highly experienced should apply. Excellent opportunity for right person. Contact Steve Botek, Apt. 7-C, 435 West 1 J9th Si.. New York 27, N. Yl MO 2-0866.______________ WANTED—French horn. Conn 8-D (silver), Rey­

nolds Con temper a, or Kruspc, in order of pref­erence. Must be in good condition and reasonably priced. Also French horn mouthpiece, H. K White F-l or Bach 3. Donald Haddad, 106h Sacra Via, Marietta, Ohio.

Far 1

"Blu Scali

wOtis ione Itti

AT LIBERTYAT LIBERTY—Drummer desires summer job with

dance band or combo. University of Oklahoma student. Local 94 card, references available. Dm Reas, 1930 East 35th St., Tulsa,' Okla. Pbooc Riverside 2-0601. **AT LIBERTY—Combo, 3 to 5 pieces; modem

Togrtkapop, jazz, Dixieland, vocals,two years in large college area; want resort a hotel location for summer, available May 30. Good references, Local 169 cards. Royce Johnsoa, 1101 Ratone, Manhattan, Kan. PRescott 6-6611.AT LIBERTY—Trombonist, experienced in band

and orchestra music; Local 408 card, college student. Wishes to join a dance band for the summer. Edgar T. Carrier, Jr., 34 Birch Su Biddeford, Maine. Phone 2-1212.AT LIBERTY—Guitarist, doubling bass fiddle sad

vocals; all-around melody and rhythm, corned! impressions. Have car, will travel. Write, wire w call anytime. Robert Filane, 258 W'ithers St« Brooklyn, N. Y. EB 8-5200.__________________AT LIBERTY—Accordionist, drummer, vocalist;

age 24, dance, shows, read music. Want .stead? job anywhere, will travel; discharged from service, Local 410 card. Ernie! Opdebeeck, Box 25, Setter, Ill. Phone 7771.

INTERNATIONAL MUSICIAN

¡HH! H! !!!!!!! Hüll! iiillíiii¡¡ H ím mi ÎÜÜÜHHfill uiiii lil - [PDF Document] (47)

inder,

reads,

in and around the city. Campo, 219 Himrod

Grand Island, Neb.

shows.

STOLENDALBET’S OILSpreta-

Phone TOmpkins 7-6177 or police.

PORTABLE

WANTED-shook

PIANISTS, ATTENTION!

-6611.

NAME.

.STATE.

Two piano-accordions, both 140 bass, were stolen from Al Stone, Local 802, New York. One Italian

AT LIBERTY—All-around pianist and accordion­ist, open for steady or single engagements. Cut

quali»; .Must hr

model, 9 N.

Obatala and Mambo-Sax

I erred «61 Data

•idditiotJ Manajel

Drue- Brom. I

hot club , ds; 78 oeh E . Coaaorii

1. tont« hitadelplJ

Play loud or soft — or plug in the earphone* so only you hear the mutic.

T LIBERTY fakes, solos.

July and August; resort or hotel. Male, married.

'CALYPSO" PUTNAM

Pianist, 1603 West Chas.

made Dallape "Super Maestro’

-Electric guitarist,

combo. June,

AT LIBERTY—Efe saxophonist, doubles on Bn clarinet and C flute. Desires position with big

band; will travel. Robert Ambs, 1439 West Somcr- set St.. Philadelphia 32, Pa.

Because it clearly reveals the structure k relation­ships of ALL major k minor keys k shows all chords essential for simple harmonisation, transpo­sition, k analysis. Unconditionally guaranteed. In­struction booklet included at *3.00 ppd. NoC.O.D.’s.

Mail to METROCHORD CO., Dept IM 57735 Colfax Ave-- Chicago 49, III

see your dealer or write toWM. BAUER MUSIC PUBLISHER

131 Greenway, Albertson, I. I., N. Y.

AT LIBERTY—Valve trombonist, can read, fake, jam; prefer modern combo, summer work; will

travel. Available June 7. Allan Fisher, 133 No. Washington. Delaware, Ohio. Phone 23801.

AT LIBERTY—Drummer, will cut any group; read, shows, play any style, have bongos; re­

cently Eddie Howard and Jimmy Palmer; will travel. Jack Kilner, 1929 First St. S. W„ Roches- ter, Minn. Phone 2-6205.________________________

AT LIBERTY—Young sax man with seven years big band experience; available after May 20,

willing to travel; also plays clarinet and flute; sober and reliable. J. Kelley Robinson, Jr., Boz 569 (after May 20), Sylacauga, Ala.

AT LIBERTY—Bassist, arranger schooled. Avail­able ia June. Prefer trio or combo, location in

midwest or east. Will work correspondence ar­rangements. Contact George Beatty, 203 North State, Ann Arbor, Mich._________________________

AT LIBERTY—Drummer for dance combo, also vocalizes; available first of July, will travel.

Jack Russell, 23042 Tuscany, East Detroit, Mich.

new; and a German Buttstaedt, black well used. Also a Swiss-made "Hermes Baby” portable type­writer in pigskin case. If offered for sale, please contact above at 565 West 162nd St., New York

in bulk:!• ’ Wo.

AT LIBERTY—Pianist, vocalist with unusual vocal novelty act, "The One-Man Duet.” Available

for summer resorts and Washington, D. C. area. Local 161 card. Brett Davis, 20 West Groves Ave., Alexandria, Va. King 8-0009,

THE RUDOLPH WURLITZER CO.DE KAU. ILLINOIS, DE PT. IM-1Please send information on the Wurlitxer Electronic Piano

Hardt, 41-23 67th St., Woodside 77, ■ Phone: DE 5-3395.__________________

Spécial Material ! NEW

AT LIBERTY—Arranger-composer. Credits: Jose Greco Ballet; name bands include Ralph Flana­

gan; production scores: Sahara. Vegas; Riverside, Reno; Biltmore, L. A.; Bimbo's, San Francisco. Mail work O. K. William E. Fields, 10566% East- borne, Los Angeles, Calif.

lodern .«ber

Mambo-Bap and Mambo- Trompeta .............both for $1.98

Cha-Cha-Cha It Hera to Stay.. $1.00 Cha-Cha-Cha En Sol .................$1.00Latin Rhythm Chart .50

L COMBO MAMBOS j \ 763 EAST 33RD STREET J\ HIALEAH, FLA. X

have been serving the most critical for over 50 YEARS.

For TROMBONE or VALVES withYour mutic dealer will supply

GUITABISTS-Amaxm^y Nrw!CBORD-O-MATIC DIAL

lets you pley "tricky" chords INSTANTLY now — Just turn the magic CHORD-O MATIC dial and play any "tricky" chord five different ways—in all positions. Over 1,000 chords, transposing chart, etc. Only $1.98. Includes FA$T CHORD CHANGES SIMPLIFIED. Limited Offer. Order Today. TREBS SALES, 133« W. 18th St.. Loram 4. O.

TRINIDAD CALYPSO’S COMPLETE WORDS AND PIANO LEAD

p n p f J Order MAMBITO, • special arrangement

(NOT just a lead!) for piano, trumpet, tenor-sax, bass and drums for only $1 and receive FREE 7 authentic Mambo patterns for EACH instrument.

also available:

BUILT-IN VOLUME CONTROL

Move it from room to room — carry it easily in

Musicians Wanted to sell musical instruments fo siete*

and school* on commission bast* in respective locality.

ordiaa, witcha, W. H. uide, L

Original dance orchestration» of popular songs, marches, etc., for years 1900 te 1935. Give detaili and price in reply.

Complete libraries considered.

HARRY B. WARNER, SR.839 FORREST DRIVE, HAGERSTOWN, MD.

LEARN CONDUCTING "Technique of Ihe Baton"

by Albert Stoesael~nefod authority A valuable book with diagrams and

examples. 5-day Refund Offer.Send SI 50 in Check at Menay Order to

Manzell Music

mm? T!” *~i,"9|y *■<- UMM StuKs:

Contains original material.Patter. Skits, Novelties, Paro-

I dies. Monologues, Dialogues. ' Special offer of 7 different

issues end book' ef heckler stoppers - comic song titles; a mountain of material, $4.

» EMCEE, Desìi 14Box 983. Chicago 90, III.

'Would you like to fix your Piano CRAZY OTTO Style?"

Instruction* post-paid — $2.00

CHARLES WETZEL

GUITAR SOLOS by billy baurr

"Blue Mist"....$1.00 "Purple Haze" ...$1 00

111( IIMHH Pino

OALf

it tn your homeNOW you.can enjoy

MUSIC STUDY SIMPLIFIED

WITH KEYS CHORD SHOE RULE

IDEAL FOR

Vocal

You ve seen it on television You ve heard it on the radio

Exclusively at youj

WURLITZER PIANO DEiLI

oal.be»;

Outdoor music programs •

Silent piano practice •

• Accompanying othei

¡HH! H! !!!!!!! Hüll! iiillíiii¡¡ H ím mi ÎÜÜÜHHfill uiiii lil - [PDF Document] (48)

ROY J. MAIER SIGNATURE REEDSPLAY BETTER. LAST LONGER

Available in 8 Strengtbs—Packed in Silver Boxes of 25 Pick u} a Box atyonr Music Dealers soon!

See those long, unbroken fibree running through

the cane? They're one big reason why there’s more

You’ll notice the ’'spring-back” quality of Maier Reeds the first time you try one. Even the softer strengths spring right back when you press the tip of the reed. It's the special cane, cut, and finish that put this extra pep m Maier Reeds. Look at the X-ray photo above. The fibres are long, unbroken, run­ning clear through from tip to butt. Special machines, using diamond-sharp cutters, are used to carve out the reed shapes so quickly and gently that not one single fibre is ever bruised or broken! All of the life and vitality of the cane is retained— even in the thinnest part of the tip—to give you maximum power, ideal tone color and the snappiest response possible from your sax and clarinet.

“spring" in the tip of every Maier reed —to give

you livelier tone, snappier response, more power!

X-RAY PHOTO SHOWS WHY

¡HH! H! !!!!!!! Hüll! iiillíiii¡¡ H ím mi ÎÜÜÜHHfill uiiii lil - [PDF Document] (49)

¡HH! H! !!!!!!! Hüll! iiillíiii¡¡ H ím mi ÎÜÜÜHHfill uiiii lil - [PDF Document] (2024)

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