Recommendations and Resolutions of the IEB for the 101st Convention

May 1, 2019

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In conformity with Article 18, Section 5, and Article 18, Section 4 (d), of the AFM Bylaws, the following are the Recommendations and Resolutions to be presented by the International Executive Board (IEB) to the 101st Convention of the American Federation of Musicians for consideration by the elected delegates. For more information about the AFM Convention, visit www.afm.org/convention.

RECOMMENDATION No. 1

RESOLVED, That no changes be made to the rates of Federation Work Dues, Federation Initiation Fees or Federation Per Capita.

Submitted by the International Executive Board

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RECOMMENDATION No. 2

RESOLVED, To amend Article 5, Section 47(a), 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.

Submitted by the International Executive Board

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RECOMMENDATION No. 3

RESOLVED, To amend Article, 19, Section 8(a), 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, provided that 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 to their hotel and traveling expenses for attending the AFL-CIO Convention.

Submitted by the International Executive Board

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RECOMMENDATION No. 4

RESOLVED, To amend Article 6, Section 5(c), 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.

BE IT FURTHER RESOLVED, To amend Article 6, Section 5(e), 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.

BE IT FURTHER RESOLVED, To amend Article 11, Section 2(a)ii, 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.

Submitted by the International Executive Board

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RECOMMENDATION No. 5

RESOLVED, To amend Article 18, Section 16(b) as follows:

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.

Submitted by the International Executive Board

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RECOMMENDATION No. 6

RESOLVED, To amend Article 11, Section 2(b), 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.

Submitted by the International Executive Board

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RECOMMENDATION No. 7

RESOLVED, To amend Article 5, Section 6, 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, 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 to the Local and the home, business and cell phone numbers of each of the Local’s members and nonmember fee payers (i.e., nonmembers who, by law or agreement, pay fees in lieu of membership dues), as such information may exist.

Submitted by the International Executive Board

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RECOMMENDATION No. 8

RESOLVED, To amend Article 5, Section 55(d)i., 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 minimum Federation Work Dues percentage amounts set forth in the chart in Article 9, Section 32(b);

Submitted by the International Executive Board

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RECOMMENDATION No. 9

RESOLVED, To delete Article 3, Section 8(b) in its entirety.

Submitted by the International Executive Board

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RECOMMENDATION No. 10

RESOLVED, To amend Article 18, Section 4(a), 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.

BE IT FURTHER RESOLVED, To amend Article 19, Section 2, 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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RECOMMENDATION No. 11

RESOLVED, To amend Article 8, Section 3, as follows:

SECTION 3. Members shall not render musical services for organizations, establishments, or people (or their principals) who are 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].

Submitted by the International Executive Board

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RECOMMENDATION No. 12

RESOLVED, To add a new subsection to Article 5, Section 29, as follows:

NEW SECTION. SECTION 29(c). The IEB shall have the authority to negotiate agreements or promulgate scales and conditions for the benefit of 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 that the establishment of national or international employment standards for such series is necessary to secure the employment of Local members or 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 provides for higher wages and conditions. Federation work dues on such employment shall be 3.25% as provided elsewhere in these Bylaws, allocated 2% to the Local(s) in which the work is performed and 1.25% to the Federation.

Submitted by the International Executive Board

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RESOLUTION No. 1

WHEREAS, There exists an overwhelming and unfair imbalance between work opportunities for AFM travelers and AFM local musicians; and

WHEREAS, The imbalance is caused by the terms of the AFM Pamphlet B, Rule 24, the terms of the Short Engagement Tour Agreement and the willingness on the part of the AFM to designate touring shows as “self-contained,” contrary to the historical meaning of that term; and

WHEREAS, The terms of Rule 24 are an anachronism that should have been modified years ago in that, for example, Rule 24, by its express terms, only applies to venues that had local minimums in place in collective bargaining agreements that were in effect “on January 29, 1992,” and

WHEREAS, As such Rule 24, by its express terms, does not apply to any venues that were opened and/or first organized over the last 25 years; and

WHEREAS, Further, Rule 24, by its express terms, will not apply to any venues organized by an AFM union local in the future; and

WHEREAS, While some producers will honor local minimums at venues where minimums were not in place as of January 29, 1992, some producers now are only agreeing to layoff based on the actual terms of Rule 24; and

WHEREAS, Short Engagement Tour Agreements are being negotiated by the AFM based on the principle that all work will be performed by touring musicians with certain exceptions that are not applicable to many organized venues; and

WHEREAS, AFM union locals that have theater musicians members have a fiduciary responsibility to those members to act on their behalf in relation to work opportunities; and

WHEREAS, The current Pamphlet B will expire on March 15, 2020 be it

RESOLVED, That

the AFM and any affiliate participating in the negotiation of Pamphlet B and/or any Short Engagement Tour Agreement will propose and remain committed to the principle that any agreement must include a requirement that Local Musicians will be used exclusively in any city where there exists sufficient Local Musicians; and

the AFM is prohibited from submitting for ratification any agreement that does not include a requirement that Local Musicians will be used exclusively in any city where there exists sufficient local musicians; and

commencing immediately and continuing forward, the AFM shall only designate a touring show as “self-contained” in accordance with the language and original intent of Rule 24E.

Submitted by                George Troia, Local 5
                 Pat Hollenbeck, Local 9-535
                 Mark Pinto, Local 9-535
                 John Van Voris, Local 14
                 Anthony Scally, Local 16-248
                 Michael Allen, Local 20-623
                 Lovie Smith-Wright, Local 65-699
                 Sharon Montgomery, Local 65-699
                 David Angus, Local 66
                 Daniel Cerveny, Local 70-558
                 Catherine Sheridan, Local 85-133
                 Wendy Pace, Local 92
                 Candace Lammers, Local 400
                 Local 506

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RESOLUTION No. 2

WHEREAS, There is a developing trend of self-contained musical theater touring productions; and

WHEREAS, There is also a trend of reduced orchestrations for musical theater orchestras; and

WHEREAS, The trend of reduced orchestrations, and in particular reduced orchestrations for musical theater tours, is a major contributing factor to self-contained musical theater touring productions; and

WHEREAS, These trends have led to a decline in the employment of local musicians and traveling musicians for tours covered by the AFM Pamphlet B Agreement and other AFM touring agreements; and

WHEREAS, The use of reduced orchestrations for musical theater tours has had a cascading effect on strictly local theater productions and even on the availability of full orchestrations from the publishing houses—casting a chill throughout the theater musician community; and

WHEREAS, Musical theater tours that are covered under AFM Agreements are negotiated and finalized between the Federation and the Producers; and

WHEREAS, Not all AFM musical theater tours have utilized an orchestra with fewer musicians than the orchestra used for the Broadway or London productions; and

WHEREAS, Leverage is a fundamental component of influence in any negotiations; and

WHEREAS, Organizing gives a voice to those who have no voice and empowers those who have no power, thereby increasing leverage for bargaining; now, therefore, be it

RESOLVED, That the Federation shall take all actions necessary and appropriate to influence producers of touring musical theater productions to use fuller orchestras and employ more musicians, both local and traveling, including but not limited to initiating and promulgating organizing projects at all levels of the AFM that concern employment for musical theater musicians.

Submitted by TMA
Gary Lasley, Local 47
Local 198-457
Craig Gibson, Local 353

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RESOLUTION No. 3

WHEREAS, There is a recent proliferation of shows, events, and other attractions (hereto “Engagements”) touring throughout the United States and Canada that employ musicians who are not covered by any type of employment agreement; and

WHEREAS, Such Engagements create a work environment that leaves musicians vulnerable to exploitation by producers, employers, and employer-agents; including but not limited to standard wages and no benefits, and

WHEREAS, Such Engagements negatively affect employment standards of AFM Local jurisdictions; and

WHEREAS, There are AFM Locals that have written agreements that do not negatively affect other AFM Locals and may effectively raise employment standards for musicians; and

WHEREAS, Such agreements should remain in full force and effect for the work that they cover; now therefore, be it

RESOLVED, That Article 5, Section 29 of the Federation Bylaws be amended as follows:

NEW SECTION. 29(c) Except in cases where a Local has a collective bargaining agreement or other written agreement in full force and effect covering the affected employment, the IEB shall have the authority to negotiate agreements or promulgate scales and conditions for the benefit of local and traveling members that would perform such engagements whenever the IEB determines that local musical engagements offered or presented in more than one Local jurisdiction by a person, firm, or corporation for substantially the same production (i) is affecting or may affect musician employment standards negatively in multiple Local jurisdictions, or (ii) raises other concerns or issues of national or international nature that transcend the geographic boundaries of the Locals.

Submitted by TMA

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RESOLUTION No. 4

WHEREAS, There exists an overwhelming and unfair imbalance between the cost, rules, and delays facing Canadian musicians travelling to the United States of America for musical engagements versus the same favourable set of rules facing American musicians travelling to Canada for musical engagements; and

WHEREAS, the Federation is in a unique position to advocate on behalf of Canadian musicians to alleviate these challenges as an international union with jurisdiction in both the United States and Canada. Now therefore, be it

RESOLVED, 1. That the IEB set aside an amount of financial and staff resources to advocate for better conditions for Canadian musicians travelling for work to the United States, and, and 2. that the AFM explore with the Federal governments of both the United States and Canada measures towards these same goals.

Submitted by Local 149

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RESOLUTION No. 5

RESOLVED, That Article 3, Section 2, of the AFM Bylaws be 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.

And be it further

RESOLVED, That Article 19, Section 3, be 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.

Submitted by Canadian Conference
OCSM

RESOLUTION No. 6

WHEREAS, Article 9, Section 36 (a) of the AFM Bylaws describes a complicated procedure to collect traveling members’ work dues that has become inefficient and outdated; and

WHEREAS, Very few AFM Locals still attempt to collect these dues, and a considerable amount of money has been, and still is, being left on the table; and

WHEREAS, This process would be much more efficient if the AFM Live and Touring Department were to create one agreement for an artist’s entire tour, rather than having many Locals individually chasing bandleaders and musicians from other Locals for small amounts of money; and

WHEREAS, The Federation Agreement with AFM signatory booking agents contains no references to the collection of Traveling Work Dues; therefore, be it

RESOLVED, That the International Secretary-Treasurer create a new process to 1) reach out to major touring artists and their booking agents, managers, music directors, and/or bandleaders, 2) identify the performing musicians on a given tour and determine who is the responsible party for collection and submission of Traveling Work Dues payments to the AFM, 3) create a single tour agreement, either in advance, during, or upon the conclusion of an entire tour for the purposes of collection of Traveling Work Dues, and 4) devise a formula to divide the money received equitably between the Federation and applicable Locals.

Submitted by Local 257

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RESOLUTION No. 7

RESOLVED, That Article 6, Section 5 (a), of the AFM Bylaws be 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.

And be it further

RESOLVED, To modify the Glossary of Terms and Acronyms 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.

Submitted by ROPA

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RESOLUTION No. 8

RESOLVED, That Article 22, Section 7 (a), be amended to provide as follows:

SECTION 7(a) As a matter of policy, at least three rank-and-file musicians, selected in consultation with the Player Conferences Council and the Freelance Musicians representative(s), shall be included among the Trustees appointed by the President to the Board of the American Federation of Musicians and Employers’ Pension Fund (U.S.). In addition, no later than September 30, 2019, and at all times thereafter, there shall be included among the Trustees appointed by the President to the Board of the American Federation of Musicians and Employers’ Pension Fund US the following experts: one person who has demonstrable expertise in the area of investments; and one person who has demonstrable actuarial expertise in the pension field.

Submitted by Adam Krauthamer, Local 802
Peter Donovan, Local 802
William Hayes, Local 802
Caryl Paisner, Local 802
Javier Gandara, Local 802
Dean LeBlanc, Local 802

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RESOLUTION No. 9

RESOLVED, That the following new section be added after Article 5, Section 50:

NEW SECTION. Each Local shall receive as a credit, and be entitled to an offset, against any dues, fees, assessments, and fines owed under these Bylaws all costs, salaries, benefits, rents, and charges of any kind incurred by such Local in collecting, administering, processing, and remitting, any payments owed to the AFM (including but not limited to royalties and fees) under any AFM contract.

Submitted by Adam Krauthamer, Local 802
Peter Donovan, Local 802
William Hayes, Local 802
Caryl Paisner, Local 802
Javier Gandara, Local 802
Dean LeBlanc, Local 802

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RESOLUTION No. 10

RESOLVED, That Article 5 of the AFM Bylaws be amended as follows:

NEW SECTION. No officer of the AFM or any of its Locals shall have the authority to alter, or agree with an employer to alter, any CBA of the AFM or any of its locals, except through the course of collective bargaining permitted by these bylaws.

Submitted by John O’Connor, Local 1000

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RESOLUTION No. 11

RESOLVED, That Article 9 of the AFM Bylaws be amended as follows:

NEW SECTION. Other than membership dues, work dues, and fees required or permitted by the AFM or its Locals under these Bylaws, no other dues shall be required of members of the AFM.

Submitted by John O’Connor, Local 1000

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RESOLUTION No. 12

RESOLVED, That Article 9 of the AFM bylaws be amended as follows:

NEW SECTION. Voluntary dues or contributions from members of the AFM Locals or its bargaining unit committees or projects must be authorized by the Local acting as the bargaining agent for said bargaining unit. Any funds collected shall be the property of the Local and reported as such on any necessary or required reports. (For example, financial reports and LM reports).

Submitted by John O’Connor, Local 1000

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RESOLUTION No. 13

RESOLVED, That Article 9, Section 32 (c), of the AFM Bylaws be amended as follows:

Section 32 (c).

i. For employment under Pamphlet B—Touring Theatrical Musicals, or for employment under any other AFM-negotiated agreement(s) or “Pamphlets” covering touring employment in which the members have voted to participate in the Theater Defense Fund in accordance with Article 6, Section 6(b)(ii), Work Dues shall be 3 ¾% of scale wages and shall be payable to the AFM.

ii. For any other employment under AFM-negotiated Agreements and “Pamphlets” covering touring employment, Work Dues shall be 3 ¼% of scale wages and shall be payable to the AFM.

iii. Half of any Work Dues collected pursuant to this subsection shall be distributed by the AFM to any Local the geographic territory of which includes the place where the wages have been earned.

Submitted by Jack Gaughan, Local 369
Keith Nelson, Local 369
Alan Cates, Local 369

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RESOLUTION No. 14

RESOLVED, That Article 9, Section 16, of the AFM bylaws be amended as follows:

SECTION 16. [A member may petition the] The Secretary-Treasurer shall issue [for] a rebate equal to the Per Capita dues received by the AFM by virtue of that member’s membership throughout the entire prior year in each AFM Local in excess of two. [After the International Secretary Treasurer has confirmed that the member had been a member of more than two locals throughout the year, the AFM shall pay a rebate to a member.]

Submitted by TMA

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