As AFM members are confronted with the uncertainties of both tax and pension reform, AFM President Ray Hair has refocused the work of the union’s Office of Government Relations to maximize its visibility and effectiveness relating to issues that impact our jobs and lives.

As I have stated previously, it is important for us to build relationships with coalitions that have similar interests. For some time now, the AFM has joined forces with nationally respected groups that come together to enhance our power of persuasion. One group we work with every year is Americans for the Arts, a nationally recognized organization that enhances the public policy voices of hundreds of national, state, and local arts organizations across the country.

For Arts Advocacy Day this year, in cooperation with the AFL-CIO Department for Professional Employees (DPE) Arts, Entertainment, Media Industries group (our primary coalition partner on most issues), American labor affiliates came together March 12-13 to make your concerns known to federal legislators who are recognized leaders on our issues. Seven meetings, attended by 12 union entertainment affiliates, worked both House and Senate offices on a variety of issues, including unreimbursed tax expenses; pension reform; support for the National Endowment for the Arts (NEA), the National Endowment for the Humanities (NEH), and the Corporation for Public Broadcasting; music licensing; and arts education policy.

Through one collective voice, key legislators learned of the negative impact that the elimination or weakening of these programs will have on artists, American communities, and the overall national economy.

National Endowment of the Arts: This federal program is one of a few that actually pays dividends back to the economy. We emphasized that NEA grants are not frivolous giveaways of public dollars to elite arts groups. In FY 2017, the NEA’s $150 million budget generated more than $500 million in matching support in communities across the country. For each of the 16,000 communities in every congressional district served that takes advantage of the process, every dollar in grant money awarded generates a $9 (9:1) return. As for the artistic value of the NEA, between 2012 and 2016, NEA grant programing reached 24.2 million adults and 3.4 million children. Challenge America grants also supported projects in communities where the arts are limited by geography, economics, or disability.

NEA school and community-based programs supported adult and student programming, state arts collaborations, and programs between arts institutions and pre-K, college, and university educators. Art Works supports art that meets the highest standards of excellence, and inspires public engagement and lifelong learning in the arts to strengthen communities. Last but not least, NEA grants support military veterans and their families through the Creative Forces Program, in cooperation with the Department of Defense and Veterans Affairs.

The NEA and NEH were not terminated and will each see a $3 million increase to
$152.8 million in the omnibus budget bill, which passed the Senate early March 23. The Corporation for Public Broadcasting received level funding at $445 million. This is a huge Congressional win for AFM members.

Taxes: For musicians suffering from shortcomings of tax reform changes in the new tax law, during lobbying visits the AFM and its affiliated unions made clear the disadvantages posed by the loss of itemized deductions. We took time with legislative staff to detail the effect of the shortsighted elimination of these deductions, specifically we listed items that will no longer be deductible for musicians working as W-2 employees. This issue also affects members of affiliate unions. Our concerted effort will help move this matter to the front burner when new tax negotiations begin.

As a tool to help understand the tax dilemma, in each office I left a copy of the article by Local 72-147 (Dallas-Ft. Worth, TX) member Scott Stratton, CFP, CFA, that appeared in last month’s International Musician on page 2. This useful tool was shared with each congressional member and his/her tax staffer to use as resource material. (We thank Stratton for his timely article and AFM President Hair for its prominent placement in the IM.)

Music Licensing and Protection of Intellectual Property Rights

As Congress prepares to introduce the comprehensive Music Modernization Act, affiliate unions joined in raising awareness in each legislative office about the importance of supporting new copyright reform/music licensing reform, which has not been updated in more than 30 years. Our primary ask was for members to sign onto one of the principal components of that bill, the Classics Act, which would require digital services to pay both rightsholders and artists for the use of recordings made before 1972. As the musicFIRST Coalition works closely with members of Congress to introduce the overall Music Modernization package, which includes the Music Modernization Act, the Classics Act, and the AMP Act (with willing buyer, willing seller language), the AFM and its affiliates continue to lobby legislators to increase cosponsorship of the Classics Act.

Overall, the DPE-coordinated labor lobbying group left a profound impact on staff and legislators. Many saw this as the first time organized labor made a concerted visit during Arts Advocacy Day to push their powerful arts and entertainment agenda. Though this lobbying group was organized by the DPE, it is our hope to reduce costs in 2019 in order allow more AFM Signature and rank-and-file members to join our lobbying efforts in Washington, DC.

Pension Progress

AFM President Hair, along with the AFM International Executive Board and the AFM-EPF trustees, has made it a priority to engage pension concerns on every level. Official word on AFM pension comes directly from the Office of the President in cooperation with pension plan trustees. However, Hair has instructed the AFM Office of Government Relations, after endorsing S.2147, the Butch Lewis Act of 2017, to monitor and report ongoing Washington, DC, multi-employer pension reform debate activities. Under the last continuing resolution, Congress inserted language that created a new Joint Select Committee to take up the issue of pension reform and solvency.

The comprehensive budget bill that passed February 9, formed the bipartisan-bicameral Joint Congressional Select Committee on Multi-Employer Pension Plans, comprising eight Democrats and eight Republicans from the House and Senate. It is governed by the rules of the Senate Finance Committee.

On process, the United Mine Workers of America reports on its website:

Committee members must be selected by February 23, and the committee must hold its first meeting by March 12 (which took place March 14). The committee is required to make a report to Congress by the last week of November 2018. If there is an agreement to take action, the committee will draft and submit legislative language as part of that report. Agreement to move forward will require at least five Democrats and five Republicans. Any bill they propose will go before the relevant committees in the House and the Senate, where it cannot be amended or voted down. The bills will get expedited votes in both chambers. There will be no amendments allowed. The committee will hold at least five meetings, of which at least three must be public hearings. The committee is encouraged to hold at least one field hearing, away from Washington, DC.

At the initial meeting, it was clear that there is a real need to come up with a solution to this issue. Failure to do so could have devastating consequences for all workers, retirees, affected plans, the public in general, as well as the national economy.

The responsibility of the AFM Office of Government Relations is to engage congressional staff, do real-time reporting of pension related events, and work directly with other AFL-CIO affiliated unions to coordinate information for the AFM President’s Office.

Now that the Select Committee is in full operation, the focus will shift momentarily to policy matters relating to the committee’s design on these troubled pension funds. Committee appointees include Republicans: Co-Chair Orrin Hatch (UT), Rob Portman (OH), Lamar Alexander (TN), Mike Crapo (ID), Virginia Foxx (NC), Phil Roe (R-TN), Vern Buchanan (FL), and David Schweikert (AZ); and Democrats: Co-Chair Sherrod Brown (OH), Joe Manchin (WV), Heidi Heitkamp (ND), Tina Smith (MN), Bobby Scott (VA), Richard Neal (MA), Debbie Dingell (MI), and Donald Norcross (NJ).

by Dave Pomeroy, AFM International Executive Board Member and President of Local 257 (Nashville, TN)

In these complex times, it is more important than ever for all musicians and concerned citizens to remain engaged in our communities—and if possible, take things up a notch. We live in a world where so many people are hiding behind cell phones and iPads that face-to-face communication is becoming a lost art. If you are on social media at all, it’s hard not to notice that people will say things to each other on that platform that they would never say to anyone in person. This disconnect is a real problem in our society, and as technology marches on, it is up to those of us who care about each other to let voices of reason be heard and not drowned out by the background noise that surrounds us every day. What can we do to tear down this imaginary wall between us?

Let There Be Music

There was a time when music was the only entertainment option available. Today there is a glut of “entertainment” options, yet music survives as the universal language and a positive force in the universe. It has the power to unite, heal, and bring out the deepest and most real emotions that we have as humans. The self-expression and emotional release that musicians experience through playing is one of the things that is easy to take for granted, but its net effect can be bigger than we realize. Music is a subtle but effective way to get a message across that would get lost if it was just another rant on Facebook. Great music brings people together in many different ways, all around the world. The result is enjoyment and release, and the realization that we may have more in common than we realize. Many AFM members are also teachers and mentors, and are passing along the precious gift of music to the next generation.

It Takes a Village

In my time as president of AFM Local 257 (Nashville, TN), we have made an effort to be proactive members of our city and community in every way possible. For example, our rehearsal hall is not only used by members who are rehearsing, auditioning, or collaborating, it is the setting for a wide variety of activities. We hold our quarterly member meetings there, a weekly AA meeting, a monthly songwriter/musician jam, music therapy workshops for military veterans, networking events, and much more.

We recently hosted a “Musicians’ Guide to Buying a Home” seminar that was very much appreciated by our members who are beginning that process. We have hosted local neighborhood association meetings and have had memorial services and weddings in that space as well. We also open up our boardroom for our members who need to take a business meeting, write a song, or whatever helps them take care of their business.

We see our building as a community space. We are not in an ivory tower; our building is a living, breathing center of creativity and common goals that demonstrates what we do and what we stand for.

Solidarity Is Trending

I spend a lot of time and energy debunking the many myths of what a union does and how we do it. The many “thug” jokes I have endured are almost funny, but not really. That stereotype is not who we are or how we do things. Although an arts union has some unique qualities, we have much more in common with other labor unions than we have differences. It’s all about respect for workers. After many years of little or no interaction with local labor organizations and the AFL-CIO, we have increased our participation and involvement with our fellow unions. They are always glad to see us, and it gives us valuable perspective to learn more about what the labor movement is all about. Even though you may love what you do as a musician, you still deserve to be paid appropriately for what you do. There is no shame in standing up for yourself, in fact it is a necessary step in creating solidarity among our members.

There is no other organization looking out for professional musicians. It is an honor to serve and protect our members from what can be a very unscrupulous business. The AFM has your back and we are your first—and often last—line of defense. Let us help you help yourself. That’s what we are here for.

by Tina Morrison, AFM International Executive Board Member and Vice President of Local 105 (Spokane, WA)

How the world is changing, and so quickly, too! I’m writing this in December and who knows what January is going to look like. I, for one, am weary of reactionism. 

We know that making music is progressive. Learning the instrument, building muscle memory, and developing our “ears.” And then, using those skills, we create vibrations in the air that evoke emotions, enriching the lives of those who listen. Music flows like a river through the air—moving and changing, not always happy or pretty or predictable, reflecting life.

Taking what we’ve learned, we can choose notes, chords, and rhythms that work together to create melodies and harmonies. We can influence our audience to dance or to cry. It is a learned skill that comes with work, effort, and a plan. We train ourselves to react in some ways, listening to those around us to enhance the sound, and not allowing ourselves to be distracted by outside influences that could interrupt the flow. It takes discipline.

So, now is a time for great discipline. We need to trust what we know and not allow outside influences to distract us. We know that working together we have strength and can build. It’s a time for solidarity. So, let’s lean on our strengths and focus on our plan as defined in our mission statement, which you can find on the AFM website (afm.org) under the “About” section, by clicking on “Mission & Bylaws.” Use your voice meaningfully by being involved in your AFM local. Your knowledge and experience, blended with other member musicians, can help create or maintain a solid foundation for professional standards in your community.

I would be remiss not to take a moment and comment on the rise of women and women’s issues over the last year—pointed conversations, actions, and publicity unlike anything I can remember. How does all of this relate to musicians and our union? It’s been a work in progress for a long time and there have been successes. The drastic changes in our orchestras due to “blind” audition requirements that were negotiated into collective bargaining agreements are a testament to a thoughtful process. As proof, compare pictures of orchestras in the 1950s and 1960s with those of today.

The freelance world is more complicated. Generally, there is no collective bargaining process to provide influence. “Purchasers” of freelance music are less likely to consider the gender make up of the band they engage. Female band leaders can still run into discrimination. It’s very difficult to prove, much less change whether a band is hired or not. We can be part of the conversations to drive changes that will help erode old prejudices and open the door for more fairness and opportunity in musical work. Participation and developing consensus are keys to meaningful change.

Cultural changes such as what we are experiencing are very exciting. As we celebrate the new enlightenment empowering women, I suggest we also remain thoughtful so that the changes that come are the changes we want.

by Tino Gagliardi, AFM International Executive Board Member and President of Local 802 (New York City)

Across this country, musicians are playing in bars, clubs, restaurants, hotels, and other performance spaces in an effort to hone their craft, share their artistry, and make a living. American art, performance, and music have been born, bred, raised, and developed in the nightlife establishments of our cities. These musicians play an outsized role in shaping the cultural heritage of our nation. As a result, the nightlife that drives municipal economies and our nation’s culture, owes a great deal to the musicians and performers of our nightlife industry. Yet, does our society adequately support those individuals who make it vibrant and strong? No.

In New York City we are working on changing that. New York City Council Member Rafael Espinal (Democrat, District 37) recognizes the role that the city’s nightlife industry plays in its economy and began working on legislation that would create an Office of Nightlife and Nightlife Taskforce to address issues frequently faced by nightlife establishments and their communities.

Though this office was originally conceived as a combination industry liaison and issue resolution facilitator between the city, small businesses, and communities, we at Local 802, saw this as an opportunity to provide support for a frequently ignored community of workers that has traditionally been exploited, discriminated against, and undersupported.

With the council member’s support and partnership, we were able to expand the original scope of the office and taskforce, advocating for language in the legislation that would commit the office to addressing workforce issues like wage theft and misclassification, and require them to make policy recommendations that would benefit performers and workers by addressing some of the industry’s unique issues. On August 24, the bill passed. We are closer to the creation of an Office of Nightlife than ever before.

Advocates and performers who live and work in the nightlife scenes of other cities should pay attention—the Office of Nightlife could be worth replicating.

This Office of Nightlife could provide a new type of government partner for performer advocates to work with to address issues that countless musicians face on a nightly basis: exploitation, misclassification, pay-to-play schemes, and more. The challenge is providing the tools with which the office can effectively and efficiently do its job.

There are many agencies and offices that regulate small businesses and mandate specific employment practices and safety requirements. However, the tools available to these agencies often do not apply to the unique nightlife industry or are ineffective in addressing common business practices at bars, restaurants, clubs, and hotels. How do we mandate fair employment at a performance space where it is arguable who the employer legally is? This is just one example of how complicated the nightlife industry is.

If this office is to be impactful, and if other municipalities are to follow New York City’s example, the Nightlife Office must work with locally elected community leaders and administration to develop regulatory mechanisms that empower the director to protect performers who are otherwise unsupported and unprotected. Without impactful regulatory and enforcement frameworks, the city will lack the ability to prevent pay-to-play and unfair employment practices, and will be unable to help us in our work to ensure that all musicians have the opportunity to make a fair living that dignifies the contributions they make to our common cultural heritage.

Luckily, New York City is the perfect test case for such an office. Mayor Bill de Blasio has shown that he understands that the city’s nightlife is an important part of our economy. As a former consumer affairs commissioner, Mayor’s Office of Media and Entertainment Commissioner Julie Menin has experience developing both consumer and worker protections. Council member Espinal has shown sensitivity and appreciation of the challenges that workers and performers face.

These leaders must be applauded for their advocacy and vision. We are extremely hopeful that this office will soon play an important role in advocating for musicians. We will work closely with these leaders and this office to support our union’s agenda—raising the wage floor for musicians and ensuring that New York City remains a place where musicians are celebrated and where performers can live, work, and raise a family. This work is important, not just for New Yorkers, but for musicians across the US.