Second source of adjective slinging came with Petrillo's order two weeks ago warning the auditorium in Springfield, Mass. that it would be put on the national unfair list if the Boston Symphony fulfilled a scheduled concert date there. The orchestra is the only non-union group of its size in the country.
Peglar Is Exception
The disc fight, and the St. Paul, Interlochen, and the Springfield episodes combined to make the name Petrillo a fighting word with a press that has never been very pro-union. The only amazing exception, which musicdom and newsmen are still discussing, was Westbrook Pegler's espousal of the AFM standby policy in his column on July 12th. Pegler, a noted labor baiter, who has attacked Petrillo many times in the past, was all at once all sweetness and light even being seen in the Stork Club (NY) with Petrillo when the latter sat in with Bob Knight's orchestra and played drums.
(Jump below left)
At press-time there was a strong possibility that the Department of Justice might sieze on the disc situation as a chance to start a civil suit on the whole question of unions forcing hiring of men upon employers when they are not needed. This was tried in a criminal case, against the hod-carriers two years ago before the Supreme Court, but the court held that the union had the right to so do. The technicalities of presentation prevented the Justice Department from arguing the case in the manner it wished-which, with a suit against the AFM, they don't think will happen now.
Fly stepped into the battle after Dr. James E. Maddy, director of the National Music Camp at Interlochen, had appealed to FDR the action of AFM head Petrillo banning the camp's orchestra, composed of teenage music students, from NBC on July 11. First of a series of concerts, the program was replaced by an NBC staff band. Maddy protested to Washington that this action would ruin the development of music study in this country, while Petrillo merely stated that "when amatuer musicians occupy the air, it means less work for professionals." Fly said that he would study both problems and recommend action to the FCC.
New York - From today on there will be no recording of music, classical or jazz, in this country by union musicians. Prexy Petrillo has not backed down by his claim that recording was ruining the jobs of 60 percent of the AFM membership and that he meant to do something about it. As a result only Soundies and Hollywood are exempted from the "no mechanical reproduction of any kind" order.
Petrillo has shifted his position as to the sale of records. He had previously told the companies that they could record for home and Army use, but when it was pointed out to him that the companies would be violating the law if they tried to regulate who bought their records, Petrillo made the edict a complete stoppage.
Recorders Sizzling
The recording firms, transcription firms, radio networks, and even small stations are sizzling. Executives of all pointed out that at no time had the AFM indicated what terms it wanted - merely had casually sent out some carbon copies of a rubber-stamped order putting them out of business. The howls of the small stations were emphasized by
(Jump to the right)
Then too, as one official pointed out, the companies are way behind on their back orders, Christmas supply, and re-release schedules
Through all the din and fury of the past two weeks Petrillo has made only one statement. That was last week after Chairman Fly of the FCC came out and hinted that an investigation was in order. Petrillo then retorted that an investigation was in order when two thirds of his union were out of work due to the actions of a small minority, who in return for $3,000,000, destroyed $100,000,000 worthn of work for the other members. Other than that, he merely reiterates that he intends to see it through, come what may.
One shift in the radio field is already evident. Several small coast stations have informed the locals that they had no interest in negotiating new contracts, if they were denied the right to use trancriptions. They pointed out that they agreed to the "extra-men" principal of the 1937 contracts only because it gave them the right to use transcriptions and new records. Now that this is denied them, they see no reason why they should pay a staff band, intending to get along from now with what libraries they have.
This led one network official to an interesting supposition. Presuming that the AFM's fight with radio extends to other matters than the use of discs and becomes general, he thinks that the CIO will step in. Unlike the dance world, which couldn't possibly go CIO, due to the stranglehold the AFL had on stagehands, projectionmen and other necessary amusement-world trade groups, almost all the unions in the radio field are CIO. Also radio musicians as a group are a very tightly organized little clique. He sees no reason, if things get too tough, why they won't pick up, and walk over to the CIO as a group, rather than lose their radio jobs.
As yet the big juke-box operators are talking and taking no action. Some of them think that they have a clear-cut suit for damages against the union, but since unions have long been recognized as free of constraint-of-trade legislation, it is difficult to see how they will be able to get anywhere.
Typical of the larger independant station was the crack WNEW (NY) made. They said, "With twenty thousand records in our collection, we aren't too worried about the extra twelve a week that are coming out now." They feel that they can ride through for some time on the records already in their library, pointing out that fully half of their mail requests for discs are for sides at least nine months old.
It is known that not only do the wax firms have a large back-log, but that in the past month they have been recording at a frantic rate. Ben Selvin, exec for AMP (Muzak), a large transcription firm, told Down Beat that he was ready with all the tunes that will be released through January, while he has a three-year supply of classics! Much of the same holds true for the record companies, who have
One more devastating event, that actually predates the AFM ban, also had a tremendously negative impact on Big Band Music and the Big Band Era; the ASCAP - BMI war of 1941. ASCAP (American Society of Authors, Publishers, and Composers) wanted more money from the radio networks to use their member's songs. The networks refused and for nearly a year all ASCAP songs were banned from airplay and remote useage. At first the music suffered greatly as BMI (Broadcast Music Inc.,) had no-where near the list of talented, and well known, composers like the Gershwins, Mercer, Porter, Rodgers and Hart, Arlen, Kern, Berlin and others, as had ASCAP. In addition the networks imposed a "no ad-libbing" rule on broadcast performances! This required solos be written out and approved by the networks so no parts of ASCAP songs would seep into improvised solos! The loss in song quality, inspiration, and energy on live broadcasts was noticeable to the public. Then, not long after this obstacle was traversed, came the ill fated recording ban mentioned above.
It should also be noted that all through the recording ban vocalists were still allowed to record, usually with chorus as accompaniment. This accounts for two things; A) a lot of really mediocre vocal recordings during this period and B) a rise in popularity of vocalists who were soon to steal the spotlight once owned by the great Big Bands of the Big Band Era.