2019 AFM Bylaw Changes

March 1, 2020

IM  -  

The following are the changes to AFM bylaws, effective September 15, 2019, as determined by the 101st AFM Convention held June 17-20, 2019.

The Official Proceedings of the Convention have been compiled into a booklet and have been mailed to every Convention delegate.

The updated Bylaws of the Federation have been mailed to every local.

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Article 3, Section 2 is amended as follows:

SECTION 2. Any AFM member who has been in good standing for at least two continuous years immediately preceding the date of his/her nomination for election to an AFM office shall be eligible to be an AFM Officer, except that in the case of the Vice-President from Canada, he/she must, in addition to the foregoing, be a citizen or [landed immigrant] permanent resident of Canada. No member may hold more than one Office.

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Article 3, Section 8(b) is deleted in its entirety.

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Article 3, Section 9(e) is amended as follows:

Section 9(e) changed to Section 9(e)(i)

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A NEW SECTION is added to Article 3, Section 9(e):

SECTION 9(e)(ii). The IEB shall have the authority to negotiate agreements or promulgate scales and conditions for the benefit of the local and traveling members engaged by an employer for a series of related or substantially similar live productions presented in more than one Local jurisdiction whenever the IEB determines, in consultation with the affected Locals, that the establishment of national or international employment standards for such series is necessary to secure the employment of Local members and to prevent the erosion of Local standards. Such agreements or scales shall provide that they are not applicable to employment in locations in which employment is subject to a Local CBA that provide for higher wages and conditions. This Section shall have no force and effect after close of the 102nd Convention unless renewed by the delegates to the 102nd Convention.

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Article 5, Section 6 is amended as follows:

SECTION 6. The Local Secretary shall provide monthly to the International Secretary-Treasurer, in a manner and form approved by the IEB, an update of the Local’s membership roster and a roster of U.S. nonmember agency fee payers (i.e. nonmembers who, by law or agreement, pay agency fees in lieu of membership dues), which shall include: the name and a/k/a, address, Local affiliation, social security/social insurance number, e-mail address(s), date of birth, date of admission (if admitted) to the Local, date of suspension (if suspended) from the Local, and the home, business and cell phone numbers of each of the Local’s members and U.S. nonmember agency fee payers, as such information may exist.

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Article 5, Section 47(a) is amended as follows:

SECTION 47(a). Each Local shall pay to the AFM Per Capita Dues at the rate of $66 per annum for each Regular, Student and Youth member and $50 per annum for each Life member in good standing with the Local. Federation Per Capita Dues shall include the subscription fee of $2 for the Official Journal, [and ]a contribution of 10 cents to the Lester Petrillo Memorial Fund as required to maintain the Fund at a balance of no less than $500,000, and a contribution of 10 cents to the AFM Emergency Relief Fund as required to maintain the Fund at a balance of $100,000.

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Article 5, Section 55(d)i. is amended as follows:

SECTION 55(d). The maximum amount of Work Dues payable by any Local members for performing services within the jurisdiction of a Local of which they are members shall not be more than the following:

i.  4% of the scale wages earned for employment under AFM-negotiated Agreements covering services rendered for electronic media (recordings, broadcasts, films, video, etc.) plus the Federation Work Dues percentage amounts set forth in the chart in Article 9, Section 32(b).

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Article 6, Section 5 (a) is amended as follows:

SECTION 5(a). Participation in the Fund shall be in accordance with ROPA Bylaws by ROPA Full Member [o]Orchestras [operating under a CBA with budgets of $800,000 or more]. Associate Member Orchestras [not meeting the budgetary requirement cited above] may not participate in the Fund [upon the Trustees’ approval] unless otherwise determined by the Trustees of the Fund.

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Article 6, Section 5(c) is amended as follows:

SECTION 5(c). Emergency relief loans of up to 20% of the funds available as of April 1 of the current year shall be available to members of participating orchestras that are current in their payments to the Fund. Loans shall be payable from the Fund only after a strike has been ordered or approved by: (1) the players of a participating orchestra acting by at least a majority vote or in accordance with some other established written policy requiring more than a majority vote, (2) the Local Executive Board, and (3) the International President’s Office. Emergency relief loans shall be payable from the Fund in the event of a lockout or other serious confrontation with management that, in the Trustees’ opinion, should be considered for emergency relief.

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Article 6, Section 5(e) is amended as follows:

SECTION 5(e). Loans shall be repaid without interest in 12 equal monthly installments commencing on the first day of the month following resolution of the confrontation. At the end of the 12-month period, any outstanding unpaid balance will be charged interest calculated at the Wall Street Journal (WSJ) prime rate in effect on the first day following the 12-months period until said balance is paid in full. In the event of hardship, a feasible payment schedule shall be determined by the Trustees. A member failing to make repayment after due notice from the International Secretary-Treasurer will be subject to disciplinary charges in accordance with Article 11, Section 2(a)ii of these Bylaws. A member found guilty of failing to make repayment will be subject to a fine, suspension and/or expulsion in addition to a judgment in the amount of the unpaid balance, accrued interest, legal fees and collection costs.

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Article 8, Section 3 is amended as follows:

SECTION 3. Members shall not render musical services for organizations, establishments, or people who are listed on the International Unfair List or for any other organization, establishment, or person who the member knew or reasonably should have known is owned or effectively controlled by an organization, establishment, or person listed on the International Unfair List. [Further, Members shall not render musical services with or for people who are listed on the International Unfair List nor with or for people who have been employed by, are principals of, or are otherwise associated with organizations or establishments that are listed on the International Unfair List.] Any member who violates this Section shall be subject to penalties in accordance with Article 11, Section 13 [See Article 13, Section 4].

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Article 9, Section 32(c) is amended as follows:

Section 32(c)(ii) changed to Section 32(c)(iii)

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A NEW SECTION is added as Article 9, Section 32(c)(ii):

For employment under AFM agreements negotiated pursuant to Article 3, Section 9(e)(ii) of these Bylaws, work dues shall be 3.25%, allocated 2% to the Local(s) in which the work is performed and 1.25% to the Federation.

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Article 11, Section 2(a)ii is amended as follows:

SECTION 2(a)ii. If a Local or an AFM Bylaw is allegedly violated by a member of the Local having jurisdiction where the alleged violation occurred, the Local where the alleged violation occurred shall try the charges against the member. However, any alleged violations of Article 6, Section 5; Article 15 (Recordings), Sections 1, 2, 3, 4, 5, 6(b); or to Article 5, Section 41; shall be tried by the IEB or an IEB subcommittee or a referee appointed by the International President.

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Article 11, Section 2(b) is amended as follows:

SECTION 2(b). Any alleged violation of Article 8 (Unfair List), or of Article 10 (Rights and Duties of Members) with regard to an engagement on which any musician performed who is not a member of the Local in which the alleged violation occurred, shall be tried by the IEB, an IEB subcommittee, or a referee appointed by the International President.

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Article 18, Section 4(a) is amended as follows:

SECTION 4(a). Delegates, Locals, or Conferences desiring to introduce a Resolution for consideration by the Convention must forward it in writing to the International Secretary-Treasurer, postmarked or electronically transmitted not later than March 1 of the Convention year. All electronically transmitted Resolutions must also be submitted by mail, postmarked no later than the next business day after March 1. Resolutions must bear the signatures of all sponsoring Delegates, or the signatures of authorized officers of sponsoring Locals or Conferences.

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Article 18, Sections 16(a) and 16(b) are amended as follows:

SECTION 16 [(a)]. On or before May 1 of a year in which a Convention is held, if possible (and on or before March 30 of a year in which no Convention is held, if possible) [E]electronic copies of the Annual Report booklet containing the reports of the International President, International Secretary-Treasurer (which shall include beginning and year-end Federation census, excluding multiple membership), Auditor’s financial statement, and International Musician shall be e-mailed to the accredited Delegates to the AFM Convention[, if possible, on or before May 1 of the Convention year]. A printed copy of the Annual Report booklet will be mailed only upon request to any Local or accredited Delegate to the AFM and only in a year in which a Convention is held, on or before May 1, if possible. Requests for printed copies are to be made in writing to the International Secretary-Treasurer, postmarked or electronically transmitted not later than March 30 of the Convention year. [The Annual Report booklet shall be substituted by e-mail to all AFM Locals no later than June 30 of those years during which no Convention is held.]

SECTION 16(b).     Printed copies of the Annual Report booklet shall be printed and mailed by request to any Local or accredited Delegate to the AFM Convention, if possible, on or before May 1 of the Convention year. Printed copies of the Annual Report booklet shall be submitted by request to any AFM Local no later than June 30 of those years during which no Convention is held. Requests for printed copies are to be made in writing to the International Secretary-Treasurer, postmarked or electronically transmitted not later than March 30 of the Convention year.

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Article 19, Section 2 is amended as follows: 

SECTION 2. Candidates seeking election to any International Office may forward to the International Secretary-Treasurer, postmarked or electronically transmitted not later than April 1 of the Convention year, a statement certifying their intention of seeking election for the particular Office and a campaign statement that shall not exceed 100 words. All electronically transmitted statements must also be submitted by mail, postmarked no later than the next business day after April 1. The International Secretary-Treasurer shall publish the names and campaign statements received from candidates in the International Musician prior to the Convention.

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Article 19, Section 3 is amended as follows:

SECTION 3. Candidates seeking election to any Federation Office may only be nominated by a Convention delegate at the Convention. Only members who have been in good standing for at least two continuous years immediately preceding the date of his/her nomination may be nominated except that in the case of the Vice-President from Canada, he/she must, in addition to the foregoing, be a citizen or permanent resident of Canada. No member may be nominated for more than one Office. The time of nominations and election of Officers shall be designated by the Convention not later than the first day it is in session. A correct copy of the names of all nominees shall be furnished to each Delegate and the election shall be conducted in accordance with the Australian ballot system. Nominating speeches by Delegates shall be limited to two minutes each.

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Article, 19, Section 8(a) is amended as follows:

SECTION 8(a). The number of candidates to be elected as AFL-CIO Convention Delegates receiving the highest number of votes shall be declared elected. If an elected AFL-CIO Convention Delegate is unable to attend the AFL-CIO Convention, the candidate receiving the next highest number of votes who is able to attend shall be the alternate. If there are no remaining candidates able to attend, the International President shall have the authority to appoint an alternate. If the elected AFM Delegates to the AFL-CIO Convention do not meet the AFL-CIO diversity standards, the President has the authority to appoint an additional Delegate who complies with these standards. AFM Delegates to the AFL-CIO Convention shall be allowed their hotel and traveling expenses for attending the AFL-CIO Convention.

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A NEW SECTION is added to Article 20, Section 14, as follows:

Section 14(a): Code of Conduct

The AFM is committed to insuring, to the maximum extent possible, that official meetings and events under the authority of the AFM be conducted in a respectful environment free of discrimination and harassment, regardless of an individual’s race, ethnicity, religion, color, sex, age, national origin, sexual orientation, disability, gender identity or expression, ancestry, pregnancy, or any other characteristic protected by law (“protected characteristics”). The AFM expects all AFM members in attendance at such meetings to respect other individuals and groups and their views and to recognize and value individual differences.

The AFM is an entity that values open and vigorous discussion on issues. Accordingly, this Code of Conduct is not intended to restrict free and open debate, but to prevent unacceptable behavior that infringes upon the rights, views, and differences of other individuals or groups.

This Code is not intended to cover any employment relationship or issues between employers and employees that may be covered by an anti-harassment/anti-discrimination policy and various laws nor is it intended to cover Local Union or Conference events; rather it is intended to cover conduct by AFM persons in attendance at AFM organized events. Local Unions and Conferences are encouraged to adopt their own Codes of Conduct.

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Section 14(b): Definitions

A. Discrimination

    It is discrimination to make any unjust or prejudicial decision or judgment based on another person’s race, ethnicity, religion, color, sex, age, national origin, sexual orientation, disability, gender identity or expression, ancestry, pregnancy, or any other characteristic protected by law.

B. Harassment

    Harassment consists of unwelcome verbal, visual, or physical conduct that is based on another person’s race, ethnicity, religion, color, sex, age, national origin, sexual orientation, disability, gender identity or expression, ancestry, pregnancy, or any other characteristic protected by law. It may include, but is not limited to, actions such as use of epithets, slurs, negative stereotyping, jokes or threatening, intimidating or hostile acts that relate to sex, race, age, disability, or other protected categories. Harassment may also include written or graphic material that denigrates or shows hostility toward an individual or group based on protected characteristics, whether that material is sent by email, placed on walls, bulletin boards, computer screens or other devices, or elsewhere on the premises of the activity, event, or meeting.

C. Sexual Harassment

    Sexual harassment is harassment that can involve unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature. It can involve conduct by a person of any gender toward a person of any gender.

D. Disrespectful Behavior

    Disrespectful behavior consists of verbal or physical conduct, unrelated to an individual’s protected characteristics, which demeans, belittles, disparages or degrades another person.

E. Unacceptable Behavior

    Unacceptable behavior includes, but is not limited to, the following behavior, whether in a group or individual setting:

    •  Discrimination

    •  Harassment

    •  Sexual Harassment

    •  Disrespectful behavior

•  Discriminatory or harassing speech or actions by any participant in an AFM event

•  Harmful or offensive verbal or written comments or visual images related to race, ethnicity, religion, color, sex, age, national origin, sexual orientation, disability, gender identity or expression, ancestry, pregnancy, or any other characteristic protected by law

•  Inappropriate use of nudity and/or sexual images

•  Intimidating, bullying, or stalking behavior

•  Harassing photography or recording

•  Sustained disruption of the activity, event, or meeting

•  Unwelcome sexual attention or contact

•  Physical assault (including unwelcome touching or groping)

•  Real or implied threat of physical harm

•  Retaliation or retribution against a member for making a complaint under this Code of Conduct.

F. AFM Event

    An AFM Event is any meeting held under the authority of the AFM and includes, but is not limited to, the following:

    •  The AFM Convention

    •  PCC/LCC meetings

    •  Negotiations for national agreements and related                     caucuses

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Section 14(c): Implementation

At all AFM Events, there shall be a person to whom complaints may be directed (“the Designated Person”). The Designated Person for AFM Conventions and for PCC/LCC meetings shall be the AFM Secretary Treasurer or his or her designee. The Designated Person for all national negotiations and related caucuses shall be the negotiating committee chair. At other AFM Events, the Designated Person shall be the most senior IEB member in attendance. If at any AFM Event the person who is the subject of the complaint is the Designated Person, the Designated Person for such complaint(s) shall be the International Secretary-Treasurer who, if not present at the Event, may be reached by telephone at the Federation offices.

Any member attending an AFM Event who is subjected to what he/she believes in good faith to be Unacceptable Behavior under this Code of Conduct may report the complaint to the Designated Person. If that Designated Person is not available, the complaining member may inform any other AFM officer present at the Event, who will work with the Designated Person to respond to the complaint.

The AFM takes these complaints seriously. The Designated Person will investigate the complaint, including talking with the subject(s) of the complaint. Following the investigation, the AFM, in its discretion, may take any action deemed appropriate. Possible responses may include a warning to the alleged offender, expulsion of the alleged offender from the AFM Event, or discipline consistent with the procedures set forth in Articles 10, 11 and 12 of the AFM Bylaws if the alleged offender is an AFM member.

If needed or requested, the Designated Person will help complainants contact security or local law enforcement, provide escorts, or otherwise assist complainants experiencing unacceptable behavior to feel safe for the duration of the AFM Event.

Any complaint brought will be treated confidentially to the extent possible to properly assess the situation. The AFM will take all appropriate steps to ensure that the complainant is no longer subject to the unacceptable behavior.

The AFM will not tolerate retaliation against any individual who complains of unacceptable behavior under this Code of Conduct. It will take every step necessary to ensure that retaliation does not occur, and if it believes that retaliation has occurred, the AFM will take any action deemed appropriate to stop the retaliation.

While preserving the confidentiality of complainants, the Designated Person will periodically report to the AFM International Executive Board on the number and nature of complaints made under this Code of Conduct and the outcome.

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The Glossary of Terms and Acronyms is amended as follows:

ROPA—Regional Orchestra Players’ Association, a player conference of symphonic musicians employed by [US] regional orchestras [with lower operating budgets] in the United States.

The Convention referred Emergency Resolution 2 to the International Executive Board:

Emergency Resolution No. 2 states:

RESOLVED, That the Small Locals Committee requests the IEB modify the policy that governs the Freelance Co-Funding program to allow Locals who can send only one Delegate to the Convention to be eligible to get Freelance Co-Funding projects that are approved, funded at 100% of initiative cost from the AFM Freelance Co-Funding program.

In consideration of Emergency Resolution 2, the IEB approved providing 100% funding for Locals of 250 members or less, with a maximum allowance of one time per 12 months, for a maximum of $5000 beginning on January 1, 2020, for one year. The IEB will evaluate the results of this policy adjustment upon conclusion of one year.

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