Tag Archives: 2016

AFM Year in Review: Highlights from 2016

December 1, 2016 IM

AFM International officers are sworn in by President Emeritus Mark Tully Massagli at the close of the 100th AFM Convention. (L to R): AFM IEB members John Acosta, Tina Morrison, Dave Pomeroy, Tino Gagliardi, and Joe Parente; Secretary-Treasurer Jay Blumenthal; Vice President from Canada Alan Willaert; Vice President Bruce Fife; and President Ray Hair.

This December caps off another busy year for the AFM. In addition to a number of key negotiations and lobbying for legislation beneficial to our members, 2016 marked the historic 100th AFM Convention, held in June.

This convention will be remembered, not only for its historical significance, but also for the forward-thinking agenda the AFM put forth. Delegates walked away with renewed faith of what could be accomplished together. AFM President Ray Hair’s “team unity” now includes newly elected board member John Acosta, president of Local 47 (Los Angeles, CA), as Vince Trombetta stepped down from the IEB. Jay Blumenthal, previously Symphonic Services director, replaced Sam Folio as the AFM’s secretary-treasurer.

Among the nine recommendations and 22 resolutions debated at the convention, Resolution 20—“Extras and Subs in Orchestras”—held historic significance. It addressed the disparity in wages and working conditions for substitute and extra musicians in many collective bargaining agreements. An amended resolution established a new provision in the section of the AFM Bylaws “… musicians who work for full-time orchestral employers and their locals are urged to negotiate and/or maintain parity in wages and benefits for substitute and extra musicians performing with those orchestras.”

AFM Works with Worldwide Partners to Address Global Issues

At the 21st FIM Congress in Reykjavik, Iceland (L to R)
FIM General Secretary Benoît Machuel, AFM Vice President from Canada Alan Willaert, AFM Executive Board Member and Local 802 (New York City) President Tino Gagliardi;
FIM President John Smith; AFM International Vice President
and Local 99 (Portland, OR) President Bruce Fife.

The AFM made a commitment to continuing its participation as a nongovernmental organization in the activities of World Intellectual Properties Organization (WIPO). In January, AFM In-House Counsel Jennifer Garner reported on her representation of the AFM at the December 2015 session of the WIPO’s Standing Committee on Copyright and Related Rights in Geneva. The AFM took the lead in opening the discussion of fairness in digital streaming and the diversity of national laws on copyright.

The International Federation of Musicians (FIM) held its 21st Congress in Reykjavik, Iceland, June 7-9. Vice President from Canada Alan Willaert, International Executive Board member Tino Gagliardi, and International Vice President Bruce Fife represented the AFM at FIM. Of particular interest to the AFM was achieving a more representative voice within the leadership of FIM. To that end, AFM President Ray Hair was elected to the Presidium, the highest executive body of FIM, and Canada gained a seat on the FIM Executive Committee.

Working with our coalition partners, for the past 10 years the AFM has lobbied for protections for musicians traveling internationally with musical instruments. Working with the US Department of the Interior and with the US Fish and Wildlife Service (USFWS), a federal Musical Instrument Passport was introduced. It is specific to the needs of professional musicians traveling with instruments containing CITES related materials. The passport allows musicians to easily travel multiple times in and out of the US with their affected instruments.

Later, September 24-October 5, AFM Legislative-Political Director Alfonso Pollard attended the Conference of the Parties (CoP) world wildlife conference meeting in Johannesburg, South Africa. The meeting brought together 183 CITES signatory countries, as well as international organizations, to address challenges in the management of instruments that contain plant and animal materials controlled under CITES. As a result of our coalition’s work, US Endangered Species Act regulations now contain an exemption relating to legally crafted, legally owned instruments containing protected species.

The AFM has developed two manuals to support traveling AFM members: A Guide to Traveling with Musical Instruments and a pocket-sized handbook, developed in cooperation with the Carry-on Coalition. Both can be found on the AFM.org website.

AFM Lobbies for Musicians’ Interests in Washington, DC

(L to R) National Symphony Orchestra Violist and then ICSOM Governing Board Member Jennifer Mondie; State Department Program Officer Julia Gomez-Nelson; Chief Cultural Programs Division for the State Department Bureau of Educational and Cultural Affairs Amy Bliss-Iacoella; AFM President Ray Hair; and AFM Legislative-Political and Diversity Director Alfonso Pollard in Washington, DC, during Arts Advocacy Season 2016.

The Obama Administration stepped up federal monitoring of employers who hire union-busting consultants. The new rule requires employers to report the use of consultants and their tactics, regardless of direct engagement with employees.

The death of Justice Antonin Scalia meant a number of rulings were in flux, including Friedrichs v. California Teachers Association (CTA), which attacks the funding model of public-sector unions. A vacancy on the bench meant that the Court’s ruling was a tie and the law reverted back to a past decision in the lower court, which was in the union’s favor.

In 2016, the AFM supported the creation of specific programs to help entrepreneurs in the arts. In March, the Comprehensive Resources for Entrepreneurs in the Arts to Transform the Economy Act of 2016 (the CREATE Act) included a host of new arts-related tax proposals, in addition to arts-related proposal expansions into federal programs. Ray Hair and Alfonso Pollard committed to help members look for expanded opportunities with the federal government. The National Endowment for the Arts, the Smithsonian Institution, and the US Department of State made commitments to include the AFM in their deliberations.

The AFM National Legislative Office continues to work with members of Congress to reform tax extender legislation focused on the film industry, while Local 47 officers and members have successfully lobbied for new state tax credit legislation designed to close loopholes in current law. AB 1199 introduced language that would require a specified amount of the total expenditures relating to music post-production be done in California, in order for a production to qualify for an added rebate. Musicians are optimistic that further development of the bill will improve upon the existing tax credit program as it relates to music scoring.

As a member of the musicFIRST Coalition, the AFM worked tirelessly with nationally recognized performance rights organizations toward passage of the Fair Play Fair Pay Act of 2015. It would establish a new benchmark in the protection of rights for creators whose sound recordings are performed on AM/FM terrestrial radio. In May, more than 40 artists flew into the nation’s capital to advocate their support of this vital piece of legislation before members of Congress. Thousands of artists from around the world, including AFM featured artists and backup musicians, could benefit from this legislation.

New Agreements/Negotiations Protect Musicians

Members of AFM Local 47 (Los Angeles, CA) and other supporting unions such as UNITE HERE!, demonstrated and leafleted in front of Warner Bros. after discovering evidence of a “dark”
scoring session.

December 2015 saw more than 50 AFM Local 47 (Los Angeles, CA) members, workers from other unions, and supporters demonstrate outside Warner Bros. against the exploitation of musicians. The group protested nonunion activity on the studio property by permitting a “dark” date by Cinema Scoring, an employer with whom AFM Local 47 has a labor dispute. News of the dark scoring session prompted swift reaction and support from the union’s labor community allies.

June 1 saw the ratification of an AFM agreement with representatives of public television employers, including WGBH, WETA, WTTW, Austin City Limits, Sesame Workshop, and Thirteen Productions for a successor National Public Television Agreement. Aside from significant wage increases, highlights include provisions that govern the use of new media that requires signatory public television employers to share with musicians the revenue they receive from certain forms of new media exploitation and a groundbreaking clip use formula. The agreement extends three years through May 31, 2019.

During the summer, negotiations began with representatives of ABC, CBS, and NBC for a new Television Videotape Agreement. Shortly after the conclusion of that initial round of negotiations, the AFM presented the networks with a comprehensive information request that will greatly assist the Federation with future meetings. In addition, negotiations continued with the major record companies for a new Sound Recording Labor Agreement (SRLA). The major focus in these negotiations has been on the licensing of sound recordings in theatrical motion pictures and television films, as well as streaming of SRLA content.

An agreement was reached with the producers of the Amazon original series Transparent to cover musicians, arrangers, orchestrators, copyists and conductors guaranteeing them fair compensation and protections. Producers at Pictrow swiftly agreed to sign onto The Made for New Media Productions Sideletter of the Basic Television Motion Picture Agreement after musicians from Local 47 spoke publicly and demonstrated. Unlike the show’s actors, writers, director, and crew, musicians were not originally covered under a union contract.

AFM Theatre Musicians
Meet at Summit

AFM Director of Touring, Theatre and Immigration Services Michael Manley hosted the first Theatre Musician’s Summit in Chicago. Geared toward concerns of local and traveling theatre musicians, the group discussed challenges and opportunities for professional theatre musicians today. The conference provided a baseline for long-term AFM strategies for championing live music in live theatre.

Among theatre triumphs this year, the NLRB ruled to allow a union election at the Wang Theatre. Two separate employers for The Legend of Zelda—Symphony of the Goddesses agreed to file proper union contracts for their productions after having been placed on the AFM’s “Unfair List.”

This year, the AFM and the Broadway League/Disney Theatrical Productions negotiated successor agreements to Pamphlet B and the Short Engagement Touring Theatrical Musicals (SET) Agreement. The new agreements include improvements that recognize the value the players bring to touring musical theatre productions. You can read more about this agreement in Ray Hair’s column on page 2 of this issue.

Symphonies See Gains, Others Reject Inadequate Proposals

After a nine-year battle, the Lancaster Symphony Musicians, members of Local 294, supported by the AFM, won the right to organize. In May, the decision let stand an earlier ruling by the National Labor Relations Board (NLRB) finding that the musicians are employees and therefore eligible to organize. While symphony management contended the musicians were independent contractors, the judge noted that the symphony “regulates virtually all aspects of the musicians’ performance.”

Other orchestras signed positive agreements, sometimes restoring pay and benefits lost in earlier concessions. In April, the musicians of the Nashville Symphony Orchestra, members of Local 257, ratified a two-year contract reopener, three months ahead of schedule, that provides raises in the 2016-2017 and 2017-2018 seasons, returning salaries to 2013 levels by early 2018.

Among orchestras signing new contracts or extensions with raises and/or increased benefits were: Buffalo Philharmonic Orchestra (Local 92), Baltimore Symphony (Local 40-543), Delaware Symphony Orchestra (Local 21), Grand Rapids Symphony (Local 56), Grant Park Orchestra (Local 10-208), Indianapolis Symphony (Local 3), Kansas City Symphony (Local 34-627), Las Vegas Philharmonic (Local 369), National Symphony Orchestra (Local 161-710), New Jersey Symphony Orchestra (Local 16-248), San Diego Symphony (Local 325), Oregon Symphony (Local 99), and San Francisco Ballet Orchestra (Local 6).

Unfortunately, musicians of the Hartford Symphony Orchestra, members of Local 400, accepted wage concessions to save their orchestra after management threatened a shut-down. A two-day strike canceled The Philadelphia Orchestra’s season-opening gala, but a new agreement was reached that made inroads in restoring some concessions made by musicians after the orchestra’s bankruptcy in 2012. Grant Park Orchestra also briefly went on strike before signing a new agreement.

Fort Worth Symphony Orchestra went on strike September 8 after voting down a contract proposal that included pay cuts. That strike continues. Musicians of the Pittsburgh Symphony Orchestra went on strike September 30, but came to a new agreement with management November 23. (See page 10).

Fort Worth Symphony Orchestra musicians rally outside the Tarrant County Courthouse.

Canadian Issues from 2016

December 1, 2016 IM

Last February, the Arts Require Timely Service Act of 2016 (ARTS Act) was introduced to codify O and P visa processing times. Then, in March, US Representatives introduced the Bringing Entertainment Artists to the States (BEATS) Act to streamline the process for Canadian musicians crossing the border to perform. The AFM focused on this issue for months, with meetings between the US Citizenship and Immigration Services (USCIS) and Alfonso Pollard, along with other unions.

In spring, the AFM first became aware of the possibility of the USCIS raising fees for P and O visas of Canadian musicians traveling to the US to perform, despite the continued long delays in processing times. Though the AFM and CFM in Canada spoke out against the increase, one will take effect this month. (See page 7 for details.)

The Music Policy Coalition (MPC) brought together diverse groups to achieve a single voice to discuss Canada’s Copyright Act and copyright reform. New laws should reflect the technological and economic reality of the world Canadians live in, including Internet Protocol laws to establish a level responsibly-governed playing field.

The Ontario Government released an interim report titled “Changing Workplaces Review.” It contains a synopsis of submissions from various unions and organizations pertaining to the Employment Standards Act, and the Labour Relations Act, which may no longer be relevant in the workplace—specifically to workers in the audiovisual/media industry. The review provides an opportunity to make positives changes in how musicians are viewed and treated in the workforce, and the remedies available to them when problems arise. Introduction of a provincial Status of the Artist Act would enhance the recommended changes and simplify the relationship between employers and musicians who are traditionally self-employed contractors.

Dossiers canadiens de 2016

En février dernier, le projet de loi intitulé Arts Require Timely Service Act of 2016 (loi ARTS) a une fois de plus été déposé par les sénateurs Hatch et Leahy. Il s’agit d’une initiative de longue date visant à codifier les délais de traitement des demandes de visa O et P. En mars, les représentants au Congrès Trott, Collins et Welch ont déposé le projet de loi Bringing Entertainment Artists to the States (loi BEATS) en vue de simplifier le processus d’entrée aux États-Unis des musiciens canadiens qui doivent y livrer une prestation. L’AFM et d’autres syndicats et associations du secteur des arts font pression en permanence pour atténuer les obstacles auxquels se heurtent leurs membres canadiens qui souhaitent entrer aux États-Unis.

Au printemps, l’AFM a été informée de la possibilité que l’USCIS augmente les frais associés aux visas P et O pour les musiciens canadiens qui traversent la frontière pour faire une prestation, malgré de longs délais de traitement. L’AFM s’est fortement opposée à la hausse pendant la période de commentaires dans l’espoir que l’USCIS la rejette. Malheureusement, la hausse entrera en vigueur à la fin de décembre (voir l’article à la page 7).

La Music Policy Coalition (MPC) réunit divers groupes qui s’expriment d’une seule et même voix sur les dossiers relatifs à la révision législative de la Loi sur le droit d’auteur du Canada. La nouvelle législation doit tenir compte de la réalité technologique et économique de la société canadienne, et inclure notamment une réglementation des protocoles Internet pour assurer une situation équitable pour tous.

Le gouvernement de l’Ontario a publié un rapport intérimaire sur l’Examen portant sur l’évolution des milieux de travail. Le document résume les points de vue énoncés par des syndicats et d’autres entités au sujet d’éléments de la Loi sur les normes d’emploi (LNE) et de la Loi sur les relations de travail (LRT) qui ne correspondent plus à la réalité actuelle du marché du travail, en particulier pour les travailleurs du secteur des médias et de l’audiovisuel. L’examen offre l’occasion de modifier positivement la façon dont les musiciens sont perçus et leurs conditions de travail, de même que les solutions qui s’offrent à eux en cas de conflit avec leur employeur. L’adoption d’une loi provinciale sur le statut de l’artiste viendrait améliorer les changements recommandés et simplifier la relation entre les employeurs et les musiciens qui sont depuis toujours des travailleurs autonomes.

Legislative Update

2016 Actions and Issues that Count

March 16, 2016 Alfonso Pollard

The future of our union depends on creating a platform that supports a legislative-political movement that gives voice to every member. Over the years, AFM members have stepped up in their locals responding to calls for activism, participating in federal, state, and local political and legislative campaigns sponsored by the union and AFL-CIO state federations and labor councils. Proactive grass-roots efforts like these have allowed the AFM to be recognized by our brothers and sisters in labor who work daily to move the union’s agenda.

I am pleased to announce that the AFM is now building a national movement that will serve as the foundation for our political and legislative efforts. We invite you to join.

Our February 8 initial national call comprised AFM Signature TEMPO Program leadership members. We created a working committee that will focus on two important things. First, it will create a national rapid reaction force that responds to legislative “calls to action,” including, but not limited to, letter writing and calls. This force will also organize/bring new members into the movement who have a similar desire to be effective advocates on federal, and in some cases, state legislative actions.

Secondly, this group of highly motivated members will help plan a national legislative-political conference and day of action in Washington, DC. We are seeking the IEB’s approval to have a “fly-in” event in our nation’s Capital once a year to lobby members of Congress and participate in helpful workshops and other activities designed to build grass-roots action back home. It is anticipated that the Legislative-Political conference will be open to local officers, as well as rank-and-file members who, working through their locals, would like to come to Washington, DC, to lobby Capitol Hill.

Such a network is critically important. Having a year-round dedicated group of activists committed to this kind of action keeps the union from having to “drum up” activists to help move our agenda every time a new issue requires grass-roots action. Use of social media and other technical media platforms will allow AFM members to participate in legislative-political activities at home in real time.

If you would like to join the process and participate in monthly calls, join the AFM TEMPO Signature Program to be placed on our active rolls. AFM members can find access to the TEMPO Signature Program at the AFM.org home page, under Announcements.

What key issues will we need help with in 2016?

Immigration: Expediting O and P-2 visas are a critical component of our legislative work. Recently, AFM President Ray Hair praised the introduction of the Arts Require Timely Service (ARTS) Act (S.2510), a bill that would streamline the visa process for musicians and other artists traveling to the US. The ARTS Act would instruct the USCIS to process arts-related O and P visas in 14 days. Further, it would reduce waiting times by requiring USCIS to treat any nonprofit arts-related O and P visa petitions that it fails to adjudicate within 14 days as a premium processing case (15-day turn around), free of additional charge. We will need help from AFM members writing letters and calling their Senators and urging them to sign on as co-sponsors and vote for the legislation when it comes before the Senate.

H.R. 1733, the Fair Play Fair Pay Act

Introduced in 2015 by Representatives Jerrold Nadler (D-NY) and Marsha Blackburn (R-TN), The Fair Play Fair Pay Act, as outlined on Nadler’s web page would:

Create a terrestrial performance right so that AM/FM radio competes on equal footing with its Internet and satellite competitors who already pay performance royalties. This would resolve the decades-old struggle for performance rights and ensure that—for the first time—music creators would have the right to fair pay when their performances are broadcast on AM/FM radio.
Bring true platform parity to all forms of radio, regardless of the technology.
Pay fair market value for music performances. This levels the playing field and ends the unfair and illogical distortions caused by the different royalty standards that exist today.
Ensure terrestrial royalties are affordable, capping royalties for stations with less than $1 million in annual revenue at $500 per year (and at $100 a year for noncommercial stations), while protecting religious and incidental uses of music from having to pay any royalties at all.
Make a clear statement that pre-1972 recordings have value and those who are profiting from them must pay appropriate royalties for their use, while we closely monitor the litigation developments on this issue.
Protect songwriters and publishers by clearly stating that nothing in this bill can be used to lower songwriting royalties.
Codify industry practices, streamlining the allocation of royalty payments to music producers.
Ensure artists receive their fair share from direct licensing of all performances eligible for the statutory license.

AFM members are asked to write, email, or call their representatives and express support for fair treatment of musicians whose sound recordings are played on AM/FM radio.

Recent Actions

On February 2, President Obama released his FY 2017 budget. Contained within this federal spending guide are a number of items that support the arts in the US. Bearing in mind that this is the President’s wish list; the budget will undergo scrutiny in the House and Senate, which hopefully will lead to a compromise that keeps strong arts-related funding in place. Of note, the president has proposed an increase in funding for the National Endowment for the Arts (NEA), from the current $148 million to $150 million.

The budget also includes a $500 million block grant to states and school districts to be used to help fund arts initiatives in the schools, as outlined in the new Every Student Succeeds Act that now recognizes music as a part of the core curriculum. In addition, the budget includes funding in the NEA’s budget for the Military Healing Arts Partnership to help wounded, ill, and injured service members and their families in their recovery and/or transition to civilian life. (You can learn more about this program at: https://www.arts.gov/partnerships/nea-military-healing-arts.) Building a national movement and platform for legislative-political action will help us move this agenda that is critical to the life of our union. We invite you all to join us as we plan our future.