Boxoffice-October.01.1955

: October
-.
decision on appeal is filed with the clerk of
the regional tribunal.
A final arbitration award hereunder shall
bar the complainant and any intervening
exhibitor from initiating any arbitration or
litigation against the respondent distributor*
or against any intervening distributor* based
on claims arising out of the act or acts of
such distributor* or intervening distributor*,
which act or acts could have been or were
the basis of the complaint and shall release
the respondent distributor* and each intervening
distributor* and each intervening exhibitor-
from any and all claims ante-dating
the period for which a recovery of damages
may be had under this agreement. A final
arbitration award based upon a claim under
Article II, Section 1 or Section 2 or both
.shall release the respondent distributor*,
each intervening distributor* and each intervening
exhibitor* from any and all claims
based upon run or clearance or both which
ante-date the period involved in the complaint
upon which such final award was
made. Failure of a complainant to claim damages
in his complaint shall be a full and complete
waiver and release of any and all
claims for damages which he might have
made.
(di Allocation of damages. If the award
contains a provision that the respondents
shall pay damages, and if such damages are
not paid within 20 days from the date on
which the award was filed, any party to the
proceeding may apply to the neutral arbitrator
or arbitrators to allocate the damages,
already awarded, among the several respondents
in the proportion in which the neutral
arbitrator or arbitrators shall find the respondents
have contributed to the total damage
awarded. Such allocation shall be made
by the neutral arbitrator or arbitrators within
five days after such application, after a
hearing at which each of the respondents
may be represented by counsel, and the damages
so allocated shall be paid respectively by
each re.spondent within three days after receiving
notice of such allocation or, in the
event of an appeal, upon the date when the
award with respect to damages becomes final.
If, upon appeal, an award of damages is
affirmed or modified, the final award shall
be allocated among the several respondents
in the same proportion as determined by the
neutral arbitrator or arbitrators as to the
original award.
ARTICLE VI
Appeals
SIX'TION 1—RIGHT OF APPEAL
Where there has been an award in favor
of the complainant exhibitor, any party to
the arbitration proceeding affected thereby
may appeal to the National Appeals Board
from such part of the award as awards or
denies damages. No other part of the award
may be appealed by the parties or reviewed
by the appeals board.
SECTION 2—NOTICE OF APPEAL
Any party desiring to appeal from such
part of the award as awards or denies damages
may do .so by filing a notice of appeal
with, and paying a filing fee as fixed by the
Administrator to, the clerk of the regional
tribunal, not later than 20 days after the
date on which the award or the corrected
award was tiled. The clerk shall thereupon
deliver a copy of the notice of appeal, with
the date of filing endorsed thereon, to each
party to the proceeding and to the appeals
board.
Within ten days after filing the notice of
appeal the party or parties taking the appeal
shall file with the said clerk three copies of
the transcript of the stenographic record of
the hearing.
SECTION 3—RECORD ON APPEAL
Upon receipt of three copies of the transcript
filed by the party or parties taking the
appeal, the said clerk shall forthwith prepare
the appeal record which .shall consist of the
following:
(a) The submission and complaint.
(b) Submissions and statements of interveners.
(c) Notices of appointment and signed
acceptances of the arbitrators.
(d) Clerk's record of hearing.
(e) Three copies of the transcript of the
stenographic record of the hearing.
If) Exhibits received in evidence and
exhibits offered but not received in evidence,
except such as may be omitted by agreement
of the parties.
ig) The award and memorandum of decision.
The clerk then transmits the appeal record
to the appeals board.
SECTION 4—PROCEEDINGS ON APPEAL
Within 30 days after the filing of the notice
of appeal, each party shall deliver a copy of
his brief or written statement of his position
on the appeal to
every other party and shall
file six copies of such brief or statement with
the appeals board together with a statement
that copies thereof have been delivered to the
parties.
Within 45 days after the filing of the
notice of appeal, each party shall deliver a
copy of any answering brief or statement to
each other party and file six copies thereof
with the appeals board together with a
statement showing that copies have been
delivered to the parties.
Within 35 days after the filing of the
notice of appeal, any party may apply to
the appeals board for permission to present
oral argument, stating the reasons therefor.
Notice of such application shall be delivered
by the appeals board to all other parties, who
may file with the appeals board written
objections thereto, if any, within five days
thereafter.
If the appeals board grants oral argument,
it shall deliver to the parties notice in writing
of the time and place of such argument, at
least ten days in advance of the date fixed
therefor.
On appeal, all parties may be represented
by counsel.
SECTION 5—DECISION ON APPE.AL
(a) The powers of the appeals board with
respect to the award appealed from shall
be limited to
(i) affirming the part of the award which
awards or denies damages, or
(ii) increasing or decreasing the amount of
damages awarded, or
reversing the part of the award which
(iiit
awards damages and dismissing the complaint
therefor.
The appeals board shall base its decision
.solely upon the record certified to it.
An award of damages .shall not be reversed
because made or computed on an erroneous
theory if it can be sustained on any valid
theory.
(b) The appeals board shall make their
decision in writing, and it shall be signed by
them and acknowledged before a notarypublic
or other officer authorized to administer
oaths.
The concurrence of two of the three
members of the appeals board shall be
essential to a valid decision.
The appeals board may a.ssess the costs
(excluding counsel fees) of the appeal against
the losing party or they may apportion such
costs among the parties in such manner as
they deem Just.
The appeals board shall file with the
decision a memorandum setting forth their
reasons therefor.
(c) The decision shall be filed by the
appeals board not later than 21 days after the
filing of the final briefs or after the date
of the oral argument, whichever is later.
(di The decision and memorandum shall
be filed w-ith the records of the appeals boai'd.
which shall forthwith file a copy thereof
with the clerk of the regional tribunal concerned
and shall forthwith deliver a copy
thereof to eacli of the parties. The clerk of
the regional tribunal shall forthwith notify
each of the parties of t.lie date of filing with
him.
(e) At any time within 30 days after the
decision has been filed or within 45 days
with the consent of the parties, the appeals
board may reopen the appeal for the purpose
of correcting inadvertent errors in the
decision. A corrected decision shall be in the
same form as the original decision and shall
be filed w'lth the records of the appeals board
and delivered to the clerk of the regional
tribunal and to the parties in the same
manner as the original decision.
(f) The decision or the corrected decision
of the appeals board shall become the final
award with respect to damages and shall
become binding on the parties ten days after
it is filed with the clerk of the regional
tribunal.
ARTICLE VII
Conciliation
Section 1—Controversies which an exhibitor
has not been able to settle with a particular
distributor, arising on the merits out of the
relationsliip between such exliibitor and distributor,
including controversies which are
subject to arbitration under this agreement,
shall, if the exhibitor so desires, be submitted
to conciliation in an endeavor to dispose of
such controversies amicably, informally and
quickly.
Section 2—Conciliation shall be conducted
as follows:
(a) An exhibitor desiring a meeting for the
purpose of conciliation shall send to the
brancli manager of the distributor at the
exchange for the area in which the exhibitor's
theatre is located, a written request for such
a meeting, and shall state in such request the
controversy or controversies with such distributor
to be conciliated, and may name
therein not more than one other person, who
will accompany him and assist in the efforts
to conciliation. The meeting shall take place
in the exchange between the exhibitor, (his
associate if named i, and the branch manager
and not more than one other person with the
branch manager, on the first Monday or
Friday, as specified by the distributor in advance,
following the lapse of seven days after
the receipt of such request.
tbi If the controversy or controversies are
not disposed of at the conciliation meeting
with the branch manager, the exhibitor may
apply in writing lo the general sales manager
of the distributor for a further meeting witli
respect thereto. Such meeting shall be held
at the distributor's homeoffice at a time to
be fLxed by the general sales manager on
seven days' written notice to the exhibitor,
and shall be attended by the exliibitor and
not more than one other person, and the
general sales manager or a sales manager
designated by him, and not more than one
other per.son of his selection.
^c) The exhibitor and the distributor may
arrange conciliation meetings at any time or
place mutually satisfactory without regard to
subdivisions lai and (bi of this section.
Section 3—The function of the as.sociates
of the exhibitor and distributor shall be
limited to the endeavor to assist in the
disposition of the controversies being
conciliated. Neither the exhibitor nor the
distributor shall be under any obligation to
dispose of the controversy under conciliation
in the manner proposed by the other party,
and the judgment and good faith of any
party failing so to dispose of any such controversy
shall not be questioned.
Section 4— (ai Tlie discussions in regard to
conciliation shall be confidential and without
prejudice, and the exliibitor and the
distributor and their associates, by participating
in the conciliation meetings, agree that
nothing said, written or done by any party in
or in connection with the conciliation shall
constitute an admission or statement against
interest, or be used as such.
(bi Conciliation hereunder is not intended
to change, interfere with or delay the usual
negotiations between an exhibitor and a
distributor for the licensing of pictures.
(c) Conciliation hereunder shall not bar
an exhibitor from resorting to arbitration
under this agreement, or to litigation.
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BOXOFFICE :
1, 1955