Tag Archives: AFM

The Accidentals: Learning from the Challenges of Life on the Road

May 3, 2017 IM

The first time then-teenagers Katie Larson and Savannah Buist, both members of Local 56 (Grand Rapids, MI) jammed together in 2011 they knew they had something special. The next five years were a blur of learning, creativity, and performing. They’ve graduated with the inaugural singer-songwriter major at Interlochen Arts Academy high school, produced three albums, and toured the country.

“Neither of us had any idea that we would be getting into music professionally,” says Larson. The cellist met Buist, a violinist, when they both volunteered for Alternative Styles for Strings Club at their Traverse City, Michigan, public high school.

What made the connection magic was how they immediately fed off each other’s strengths and weaknesses. Larson came from a classical background. “I was very uncomfortable improvising and doing anything like that. Savannah was playing in her family’s folk band, singing harmonies, and doing solos,” says Larson.

Buist picks up the story, “I had only played violin until I met Katie and realized she was a multi-instrumentalist and a songwriter. I hadn’t really tried those things. She came over to my house to rehearse for this homework assignment, and instead of rehearsing classical music for our orchestra program, we ended up playing the White Stripes. We were pretty much a band from that night.”

The Accidentals captures all of their many influences. “We kind of open up a discussion of genre whenever we talk about our band,” says Larson. “Music is going to a more genre-less platform. We incorporate elements of classical, folk, pop, jazz, rock, and gypsy jazz, along with singer-songwriter. We usually classify ourselves as indy folk rock, but we are just a couple of musical geeks who play a lot of instruments and as many styles as we can.”

The music is infectious and upbeat, and has earned them plenty of early recognition: Billboard’s Top Seven Breakout Artists SXSW 2015; Winner of Summerfest WI, Emerging Artists Series US Cellular Stage 2015; VinylMag.com’s Top Ten Artists to Watch at SXSW 2016; Huffington Post’s Sweet Sixteen Bands of 2016; and Yahoo Music Top Ten Bands to Watch 2017.

“The first time we went to SXSW was in 2015 and when we got home my phone blew up!” says Buist. “We made Billboard Magazine as one of the top seven breakout bands. I didn’t believe it; I thought a friend of mine had Photoshopped our names. It was kind of a mind-blowing experience to have somebody actually see us play a show and walk away thinking we had something.”

“There are so many bands invited down there and so much oversaturation of music. We were afraid we wouldn’t get any recognition,” she says. “We feel so unbelievably lucky that people are excited about what we are doing.”

Since launching their career, The Accidentals have had a crash course in the music business. “We are trying to run everything from the road and a lot of things fall through at the last minute, turning us into professional troubleshooters finding a way to make things work,” says Larson.

One of the things The Accidentals did get right was joining the AFM early in their career. “We joined the AFM when we entered into our first recording deal. It was 2013 and we were still teenagers at the time. We really appreciated joining because it showed us what kind of rights we had as musicians. We feel extremely supported by the people in the AFM,” says Larson. “It did really make us feel empowered. I think all musicians appreciate that.”

The Accidentals officially moved from duo to trio after about two years, adding multi-instrumentalist Michael Dause of Local 5 (Detroit, MI) to the band in 2014. They discovered the freedom of having a full-time rhythm section by accident at northern Michigan’s Blissfest in 2012 when a friend hopped up on stage and began drumming along.

“It blew our minds,” says Buist. “One of us had always covered the rhythm instrument; when we had a drummer it opened up a huge world of opportunity for Katie and I to start improvising. We met Michael at Blissfest about a year later. He was playing a solo set [on guitar] and when we found out he was also a drummer we asked if he’d like to audition with us.”

Dause’s first gig with the band was on vehicle-free Makinac Island, so he couldn’t bring a drum kit. “He brought just a little cajon with him and we played the set together. He knew all of the songs because he’d been a fan of the band. It was really a perfect fit and Michael has been with us ever since,” says Buist.

The Accidentals have been busy over the past few months putting finishing touches on their new album, Odyssey, scheduled for release in August. It will include 12 original songs and possibly a bonus track. The first single, “KW,” was released in March at SXSW 2017.

The album’s theme is about moving beyond their fears. “We are going to take 2017 as the year of no fear … not the absence of fear, but in spite of it. It’s really powerful to acknowledge where you are vulnerable and keep moving into the new year despite fear and vulnerability. Every song details a specific problem that we see and a way we come together to solve it—a journey of sorts,” says Larson. “The message manifested itself after we had written and recorded the songs.”

Both Larson and Buist consider themselves to be “introverted” songwriters and each writes songs independently. “Songwriting is kind of an intimate process for us,” says Larson. “We write the chord progressions, have the song worked out, take it to the group, and generally the three of us will work up an arrangement for how we conquer the song live.”

Only about one song per release is written together, explains Buist. Each tackles the songwriting process differently, again feeding off each other’s strengths. Buist is much stronger on writing lyrics, while Larson’s focus is more on melody.

After graduating from Interlochen Arts Academy, Larson and Buist weighed their options. Larson was offered a Presidential Scholarship to attend Berklee College of Music, but when a production deal was offered at the same time, they chose the latter.

“College will always be there for us on the back burner,” says Buist, though she says she wouldn’t necessarily study music. “We are running our business and it has been really interesting learning from the real life application of that. I might go for something that I haven’t tried before if I were going to go to school.”

“I totally agree,” says Larson. “I think the great thing about choosing to tour right after high school is that, when I was in high school, I wasn’t exactly sure what direction I wanted to take. I was also very shy. Being thrown in all these situations helped me break out of my shell and realize all of these new interests I may want to pursue later.”

For the past few years, The Accidentals have been on tour pretty much non-stop, and so far, aside from missing their families, they love the experience.

“Savannah and I are overachievers. We are amazed when we overcome challenges and the road is full of constant crises so there is always something fun to learn,” says Larson.

“All three of us are looking forward to having the new album out just because of the personal achievement. We’ve had an exciting two or three years since we graduated high school and we’ve really learned a lot about the industry,” says Larson.

“A lot can happen in the future and so we are just trying to balance it all,” says Buist. “We’ve got a lot of people who care about us and are helping us get through it one step at time. I think we’ve learned to ask for what we need, and to remember, in the grand scale of the universe this is just a tiny spec. We’ve learned to put our problems into perspective, understand how lucky we are, and keep moving forward.”

“We try to keep short-term and long-term goals for ourselves and the band,” says Larson. “We are on a wild ride and every once in a while it’s nice to have little things to check off your bucket list.”

AFM Education and the Diversity “Buzz”

April 26, 2017 IM

by John Michael Smith, President Regional Orchestra Player Association

I recently participated in a presentation by the AFM to the first year fellows of the New World Symphony (NWS) in Miami. This presentation included talks by AFM Symphonic Services Division Director and Special Counsel Rochelle Skolnick, Director of Symphonic Electronic Media Deborah Newmark, International Conference of Symphony and Opera Musicians Chair Meredith Snow, myself as ROPA President, and Local 655 (Miami, FL) President Jay Bertolet and Secretary-Treasurer Jeff Apana.

This presentation was basically a Musicians Union 101 for the musicians of NWS. These musicians each have a fellowship for up to three years of study and performance in a more-or-less post-graduate training orchestra program, honing their skills to win a job in a major symphony orchestra. Our goal was to introduce them to the thought that they will be counted on to be future active AFM members, orchestra committee members, and leaders in the orchestras they will play in.

We responded to many excellent questions during our two-hour presentation. While at NWS, they will spend most of their energy self-focused on winning a job and being the best players they can be. But when they get a job and join an orchestra, that self-focus will hopefully turn to being part of the group and functioning as a group member, supporting colleagues, and working for fair wages and working conditions for all.

It’s Never Been More
Important to Be Proactive

I encourage all our AFM members to work with our locals to develop education programs to present to our schools and students. It’s never been more important to be proactive in sharing with our young musicians what it means to be union. What they are hearing and reading about unions is often inaccurate and misunderstood. We have to be the ones to carry our message to them.

I am so supportive of the plans by the AFM to provide local officer training, as part of the regional conferences of locals. Often, new officers in our locals do not have the opportunity to be mentored or trained in the various responsibilities and duties that are involved in local leadership. This should be a huge asset to strengthening our local leaders’ skills and knowledge!

Diversity in Our Orchestras

In the past year or two, a frequent buzz in the League of American Orchestras has been about diversity in our orchestras. In Jesse Rosen’s January 25 speech to the Association of British Orchestras Annual Conference, he quotes findings from the League’s 2016 report, Racial/Ethnic and Gender Diversity in the Orchestra Field.

The gender gap of instrumental musicians has changed noticeably since 1978. It began narrowing significantly in the early 1990s, and the percentage of women musicians in orchestras has climbed to 46%-49% of the total musician pool in the two decades since. Most attribute this improvement to the advent of screened auditions.

In ethnic diversity, there has been a large proportional increase in musicians of Asian backgrounds, growing from 5.3% in 2002 to 9.1% in 2014. However, the proportion of African American and Hispanic/Latino musicians has remained extremely low and largely unchanged, less than 2.5% and 1.8% respectively.

There is also a significant difference between larger budget orchestras ($2.1 million and up) and smaller budget orchestras. The percentage of African American and Hispanic/Latino musicians in smaller budget orchestras is double the percentage of those musicians employed by larger budget orchestras. This seems to be the two ethnic groups that the League is focusing on.

Diversity on Orchestra Boards

In his presentation, Rosen also touched on orchestra board ethnicity. Since 2010, orchestra board members described as nonwhite have been just under 8%, including African American at 3%-4% and Hispanic/Latino at 1%-2%. (Note the closeness of the orchestra musician percentages to orchestra board percentages.) By comparison, a national survey by BoardSource, the association devoted to nonprofit boards, found representation of nonwhites on nonprofit boards across the US had increased from 16% in 2010 to 20% in 2014.

Our orchestra boards are well behind other nonprofits in this respect. In his presentation, Rosen doesn’t even touch on the ethnicity of orchestra administrative staffs. The Racial/Ethnic and Gender Diversity report lists nonwhite orchestra staff at around 14%, including 5%-7% African American and 3%-5% Hispanic/Latino employees.

The primary action taken by our orchestras over the past 40 years has been the creation and implementation of fellowship programs for promising young African American and Hispanic/Latino orchestral musicians, supporting their transition from formal education into careers in professional orchestras. These fellowships have been a visible and enduring strategy intended to change the ethnic composition of the musicians appearing on orchestra stages.

Rosen commented that it has been difficult to assess the impact of these fellowship programs on the relative small gains that have been seen in African American and Hispanic/Latino representation in the orchestral musician community. And, there is no evidence that those orchestras that have offered fellowship programs are more diverse than those that have not.

There is a tremendous amount of work to be done in this area. It certainly seems the fellowships are barely making a dent in terms of creating more diversity. It will take a major shift in education and community engagement, and a deep look at our core beliefs about why we have orchestras and the part they play in the life and culture of every community we serve, as well as an examination of the music we play.

Attempts have been made to add to the diversity on stage and in the pit. But there very much needs to be an assertive push to greater diversity in orchestra boards and administrative staff, so that all facets of our orchestras are more reflective of our communities and society, as well as our shared ideas, music, and perspectives of who we are.

Officer Columns, Secretary-Treasurer

International Musician Seeks Advice and Consent

April 10, 2017 Jay Blumenthal

The International Musician (IM) falls under the purview of the Secretary-Treasurer’s office, however, in February 2017 we formed an International Musician Editorial Board (IMEB). Our board consists of 14 members, including several AFM International Executive Board (IEB) members, the directors of many AFM divisions, the AFM Assistant Secretary, and the IM managing editor. The first meeting included discussions about our goals, target audience, how the IM’s content can best support the AFM mission, member input, and topics for our next issue.

As you know, the IM is the official journal of the AFM, but in fact, it really is much more. Beyond providing official notices, the cover stories highlight musicians who have gained recognition in our field, achieved significant milestones in their careers, or have made meaningful contributions to labor. Feature stories and member profiles introduce the readership to what our members are doing and special events. News articles inform the membership about what is happening in the field and also broader labor issues. Audition ads announce openings around the world in orchestras and ensembles.

One of the goals of the IMEB is to closely tie our content with the goals and mission of our union and the broader labor movement. That’s where you come in. Members often think of the union as a third party—“What can the union do for me?” We would like to change that perception. The strength of our union comes from the members themselves. Member participation, solidarity, and support for one another are the foundation of a strong union.

The expression, “You are the union!” is exactly what members need to understand and internalize. Nothing is more important than a well-informed membership that participates regularly in union affairs. With this in mind, we welcome the submission of appropriate content that’s well written and is of broad interest to the membership. If you wish to write an article, contact the IM editor, Cherie Yurco at cyurco@afm.org, letting her know of your desire. She will bring your suggestion to the IMEB for a discussion about possible inclusion in a future issue of the IM.

The two meetings we have had since the formation of the IMEB have been invaluable. Board members bring their knowledge about what’s happening currently in the field and their views on labor. It is our intention to cover many genres so the IM will have a broad appeal to the membership. To the extent possible, AFM Communication Director Rose Ryan, will continue to pick up some of the IM content to use on our AFM Facebook page.

We will be working on an electronic membership survey which, when completed, will help us understand how we can adjust the IM content to better meet your needs. When the survey is ready, we will make an announcement in the IM and provide a link to the survey.

This issue of the IM will be available at the fourth International Orchestra Conference (IOC) of the Fédération Internationale des Musiciens/International Federation of Musicians (FIM). The IOC takes place once every three years. This year it will be in Montreal, Canada, sponsored by the Guilde des Musiciens et Musiciennes du Quebec, Local 406 (Montreal, PQ) AFM. We took this opportunity to feature an Orchestre symphonique de Montréal (OSM) musician for this month’s cover story.

The IM Editorial Board meets monthly. Board members outside of New York City join the meeting via Internet video conference.

Union Workers Have It Better

March 8, 2017 IM

At a pro-union rally in Canton, Mississippi, near Nissan’s plant, Vermont Senator Bernie Sanders congratulated workers for their courage “in standing up for justice.”

Many in the crowd held signs that read “Workers’ Rights = Civil Rights.” Also in attendance were actor Danny Glover, NAACP President Cornell Brooks, and United Auto Workers President Dennis Williams.

According to Sanders, “If you are a member of a union in America, you are going to make 27% more than a nonunion member. If you are a member of a union, you’re far more likely to have paid family and medical leave. If you are a member of a union, the likelihood is that you will have better healthcare and a better retirement plan than nonunion members.”

The UAW has long struggled to unionize foreign-owned auto plants across the South, where Mississippi’s political and business establishment is generally hostile to unions, including Governor Phil Bryant.

The crowd marched to the Nissan plant and delivered a letter demanding that Nissan “cease intimidation and threats” against pro-union workers, discuss a neutrality agreement to ensure employees can vote on a union “in a free and fair election,” and improve training and safety.

Congratulations to the 2017 AFM member Grammy Winners

March 6, 2017 IM

Congratulations to the 2017 AFM member Grammy winners from signatory recordings listed here. The benefits of recording under the AFM Sound Recording Labor Agreement (SRLA) are compelling. Musicians receive at least the standard wages for sound recordings, which include pension fund contributions and health and welfare fund contributions. Properly filed report forms are submitted to the Sound Recording Special Payments Fund (SPF), which secures participation in proceeds from that fund for each of the next five years. Further, if the recording is licensed for use in other areas (motion pictures, theatrical motion pictures, commercial announcements, etc.) the AFM will bill for the appropriate “new use” payments on behalf of the musicians involved.

Best Traditional Pop Vocal Album: Summertime: Willie Nelson Sings Gershwin, Willie Nelson of Local 433 (Austin, TX) [Legacy Recordings]

Best Country Duo/Group Performance: “Jolene,” Pentatonix, including Kevin Olusola of Local 47 (Los Angeles, CA)
and featuring Dolly Parton of Local 257
(Nashville, TN) [RCA Records]

Best Improvised Jazz Solo:
“I’m So Lonesome I Could Cry,” track
from Country for Old Men, John Scofield
of Local 802 (New York City) [Impulse!]

Best Jazz Instrumental Album: Country for Old Men, John Scofield [Impulse!]

Best American Roots Performance: “House of Mercy,” track from Undercurrent,
Sarah Jarosz of Local 257 [Sugar Hill Records]

Best American Roots Song: “Kid Sister,” track from Kid Sister, Vince Gill and Time Jumpers of Local 257 [Rounder Records]

Best Americana Album: This Is Where I Live, William Bell of Local 148-462
(Atlanta, GA) [Stax]

Best Folk Album: Undercurrent, Sarah Jarosz of Local 257 [Sugar Hill Records]

Best Musical Theater Album:
The Color Purple [Broadway Records]

Best Score Soundtrack for Visual Media: Star Wars: The Force Awakens, John Williams of Locals 9-535 (Boston, MA) and 47
(Los Angeles, CA) [Walt Disney Records]

Best Historical Album: The Cutting Edge 1965-1966: The Bootleg Series, Vol.12 (Collector’s Edition), Bob Dylan of Local 802 [Columbia/Legacy]

Producer of the Year, Non-Classical:
Greg Kurstin of Local 47

Best Orchestral Performance:
Shostakovich: Under Stalin’s Shadow
—Symphonies Nos. 5, 8 and 9, Boston
Symphony Orchestra of Local 9-535,
conducted by Andris Nelsons

Best Opera Recording: The Ghosts of Versailles, John Corigliano & William M. Hoffman, Los Angeles Opera Orchestra of Local 47 and Los Angeles Opera Chorus, conducted by James Conlon.

Best Classical Compendium: Michael Daugherty: Tales of Hemingway; American Gothic; Once Upon a Castle, Nashville
Symphony of Local 257, conducted by Giancarlo Guerrero

Best Contemporary Classical Composition: Michael Daugherty: Tales of Hemingway;
American Gothic; Once Upon A Castle, Nashville Symphony of Local 257,
conducted by Giancarlo Guerrero

On the Cover

Life’s a Beach: Toronto Rock Group, The Beaches, Head Out on the Road with a New Album, New Tour, and Big Ideas

January 2, 2017 IM

Even through the roar of the open road, The Beaches’ youthful optimism reverberates on the other end of a speakerphone call. Leandra Earl (23, guitar), Kylie Miller (20, guitar), Jordan Miller (21, bass and lead vocals), and Eliza Enman McDaniel (21, drums) are packed in the Miller’s family van en route to Seattle where they will open for the Canadian rock duo and fellow Local 149 (Toronto, ON) members Death from Above 1979. While it’s not the most luxurious of accommodations for Canadian rockers on the rise, it will do for now. The members of Local 149 (Toronto, ON) were smart about joining the union from the onset of their careers.

Currently on their first international tour, fresh off the heels of their debut album Late Show, the musicians have gained attention in the alt-rock world for a 1970s sound and swagger transported to the twenty-first century. Drawing from the likes of David Bowie, The Rolling Stones, and The Strokes, Late Show’s lip-curling lyrics, pounding drums, and snarling guitars feature heavily on the album. Standout tracks like lead single “Money” and “T-Shirt,” show off an attitude fit for a young rock band with veteran polish to back it up. International Musician caught up with The Beaches in the middle of a hectic touring schedule to talk rock influences, record contracts, and whether making it means just getting out of your parents’ basement.

How did you guys meet, how did The Beaches form?

Kylie: Jordan is my sister and we started playing guitar together at very young ages, six and seven. We wanted to start a band and we were looking for someone to drum with us and we asked our friend, Eliza, if she would come and audition—and she absolutely kicked ass and the three of us have been playing music ever since. We were in a Disney pop-punk band called Done with Dolls up until high school. At that point, we were looking for another band member and that’s when we asked our friend Leandra to join the band to expand the outlook. That’s how The Beaches came to be.

Did any of you guys have plans for college or post-secondary education before getting signed?

Eliza: I think the three of us—me, Jordan, and Kylie—were kind of unified in not going to school. With Leandra, it was kind of an overlap with her joining the band and also applying to school. She got accepted to York University for classical piano. She went through a bit of a hard choice and she wasn’t sure whether she should commit to school or the band, or both. We kind of came to the unified decision that, if she went to school, she couldn’t give her all to either—and at the same time we decided that we wanted to go full force with this band.

Leandra: It was weird because I took an extra year of high school just because I wasn’t sure what I wanted to do after grade 12. I knew I wanted to pursue music, and the only option was to become a music therapist or a music teacher, which didn’t excite me, really. When I got the offer to join this band I was excited and I didn’t know if my parents would support it, or how far this would go. But my parents were super supportive and they’re the biggest fans of this band. They come to like every show. It’s been amazing. This is what I’ve wanted to do since I was a kid. Since [hearing] my gal, Avril Lavigne, in grade four, I knew that I wanted to be on stage and play all these instruments with my BFFs, so it was insane to get to do this.

Was there anything about being on a label that deviated from your expectations?

Kylie: There was this kind of expectation, in my mind at least, that once we got signed, we’d release a record and be on tour right away. But the reality of the situation was that we got signed and for three years we were doing writing sessions and working with different producers. At the same time, we were able to work with amazing writers and producers and we became a lot stronger as a band and as friends. We had that time to develop our sound and our band.

Jordan: The one thing I didn’t expect was how many people were going to be on our team. I thought there would be maybe six or seven people, but there are like 30 people that have their own unique job at the label that are working for you.

You guys have cited Avril Lavigne as a childhood influence of yours. Why was she so important to you at a young age?

Kylie: You know, being young women and seeing someone who’s badass playing a guitar and being a rock goddess. It was an inspiring visual image for us to see and there weren’t a lot of people doing that at the time. They were playing a different kind of sound and owning their own thing.

Do you guys take inspiration from other all-girl groups? You have a lot of male heavy rock references. Is there any other all girl group you guys idolized or looked to incorporate into your sound?

Kylie: I think that we don’t really think about gender in who we’re inspired by; it’s not really something we consider. So, there are females we’re inspired by, but there are a lot of males. We don’t really think about that when we’re writing music and making music.

Do you feel like the “all-girl” label sets expectations for you?

Jordan: When we were in Done with Dolls we’d have people come up to us and be like, ‘Yo, I really like you guys. I didn’t expect you to be good because you were all girls, but you were awesome.’ But, honestly, we haven’t gotten a comment like that in years. I think it’s because there are a lot more females present, especially in the alternative rock industry; it’s way less of like a taboo that we’re girls in a band.

Can you tell me a bit about how you got involved with Death From Above 1979?

Kylie: We actually met them backstage at a show during Canadian Music Week [in 2016] when we opened up for Eagles of Death Metal and DFA was on tour with them. But it wasn’t until Leandra, who runs our social media, became social media buds with the guys that our relationship with them blossomed. They ended up reaching out to us and offering us a spot on this tour. To seal the deal, they ended up coming to our show this summer in Quebec City. They watched our set and officially invited us to the tour. We ended up celebrating with them all night. We went out until five in the morning and got poutine. It was rad.

Jordan: I really think the audition was how long we could stay out with them. It wasn’t even our show. [laughs]

Kylie: This is our first big international tour. It’s been really fun. A lot of unique opportunities—a lot of firsts.

What was one interesting first?

Leandra: A first for us that I thought was really exciting was we got to go on live radio in Laguna Beach and play our song “Money” for the first time and play a couple other songs. It was really cool because we’re getting a lot of radio play in Canada right now—we’re number three on the charts, nbd, it’s a good time—so to go over to America and start our journey over there is really cool.

Where do you see rock going in the next few years and where do you see your place in it moving forward?

Kylie: There’s a nice little community in Toronto currently that we’re happy to be a part of. If we can just continue to expand and explore that, that would be really awesome. For us it’s all about real music and actual rock, rock ‘n’ roll movements. There’s nothing fabricated about us. Sometimes it’s chaotic, sometimes we f*** up, but it’s all really fun and raw. I, personally, am not a fan of things that feel fake or things that feel phony, so I’m happy to see a lot of people exploring a more real side of this.

When will you guys know you’ve made it as a band?

Leandra: We haven’t really been on a headlining tour or played many heading shows, so I think when we start to do that and see people coming out to our shows and buying tickets to see just us, then we’ll start to realize, oh, cool we’re making it.

Eliza: For me personally, I think when we have a real legit tour bus—with beds and a toilet and stuff—I’ll feel like we’ve made it. Currently, we’re in a family car. Jordan and Kylie’s dad was very nice and lent us his car for the tour and we have a U-Haul attached. But I think we’ll have made it when I can sleep on my bed in a tour bus with a fridge and a driver [laughs].

Jordan: I think we’ve made it when I can move out of my parents’ basement. Like, that’s my goal right now.

Kylie: When we were in New York City, someone saw a couple people across the street yelling “Beaches!” while were trying to go get a bagel in the morning, and I said to Leandra, “Oh my God we’ve made it, people know who we are here!” And then we cross the street and see they’re our friends who were in New York at the same time. So, still making a name for ourselves, I guess.

Organizing

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.

Secretary-Treasurer

Transitions; “Read Your Bylaws!”

November 30, 2016 Jay Blumenthal

As we all watch the transition of government from one president to another, there are some important lessons to be learned. Even though term limits left no doubt that there would be a new president come January, given the war of words, it could not have been easy for President Obama to welcome President-elect Trump to the White House. From all reports, Obama could not have been more gracious, offering a smooth transition and his counsel in the coming years.

Elections are integral to the democratic process and often bring change. Change can be difficult, particularly for the losing candidate. Emotions run high. Rejection can hurt and may leave the unsuccessful candidate with hard feelings. Democratic unions are not immune to changes in leadership. Officer elections take place regularly as stipulated in the local bylaws. Outgoing officers may feel disappointment. Losing an election is not a pleasant experience. Nevertheless, I ask all officers to remember that, however you may feel about the result of your local’s union election, the health of the local is dependent upon a smooth transition. In the end, isn’t the health and ability of the local to carry on what’s really important?

I have heard horror stories about inappropriate transitions. In one case, a newly elected officer asked to take possession of the local’s records from the outgoing officer. Upon arriving home, the new officer found the local’s records in garbage bags left out on his front lawn! Suffice it to say, there was no transfer of institutional knowledge or offer of assistance.

Outgoing officer behavior such as this is unprofessional and hurts the membership. Transitions are hard enough without making them even more difficult by a lack of cooperation. It is the responsibility of every outgoing union officer to share their knowledge and experience with the incoming officer and make the local’s transition as smooth and seamless as possible. So please, take note of the example set by President Obama during this presidential transition. Our members are depending on you to fulfill this obligation with courtesy and professionalism.

“Read Your Bylaws!”

Ten years ago, as Local 802 financial vice president, I was asked to chair a local membership meeting that we knew would be very contentious. The meeting room was overflowing (SRO) with members and the tension in the room was palpable.

In the front row was John Glasel, past president of Local 802. Glasel accomplished many great things as president but, on occasion, he could be—shall we say, irascible? At one point in the meeting, Glasel made a statement. When I looked at him questioningly, he repeated the statement with renewed emphasis and added admonishingly, “Read your bylaws!” John knew full well the bylaws supported his view.

While I wasn’t particularly appreciative of his advice at the time, it stuck with me all these years. Looking back on it, it was excellent advice and has stood me in good stead ever since.

I share this story because the AFM Bylaws (rev 9-15-16) are currently available online at AFM.org. After logging in with your AFM ID and password, go to the Document Library/open the Bylaws folder and click on “AFM Bylaws rev 9-15-16” to open the pdf document. You can learn a great deal from the Bylaws, if you take the time to read them. The hard copy booklets (English version) are being printed and will be mailed to locals shortly. The AFM Bylaws (rev 9-15-16) are in the process of being translated to French and will be made available as soon as the translation is complete.

Officer Columns, Vice President

You Can Be Heard—NOW!

November 14, 2016 Bruce Fife

Every six months, or so, I am tasked with writing an article for the International Musician. More often than not, the impetus for the topic relates to something that I’m dealing with as president of Local 99 (Portland, OR). As I’ve stated before, it’s one of the true positive outcomes of our AFM structure, in that, as an officer of a local, I can bring the daily, real world issues directly to the international governing body, which can then lead to the change and growth required in these challenging times.

Such is the case with this article. In recent months, Local 99 has seen a significant number of violations by employers in both our national agreements and some of our local agreements. In most of these cases, they are not circumstances that are being brought to my attention by musicians working under the agreements. They are violations that I have been able to ascertain, based on report forms, or research that uncovers new and/or false information.

Following the discovery of these contract violations, I locate and reach out to the musicians (not always so easy, as some may not be members yet), explain the circumstances, and with their help, work to rectify the situation. When successful, that usually means additional payments to the musicians in the form of wages, health care, and/or pension. In reaching out, I have been met with the full range of reactions: from “I don’t want to bother with this” to “let’s take them down,” and every level in between. In one recent case, the musician didn’t want to pursue a claim, then changed his mind, and we (the local and Federation) were able to procure almost $11,000 in wages and benefits for him.

As I ponder this situation, it naturally occurs to me that, if I’m the one catching these contract violations, covering dozens of contracts and completely different work locations, activities, and employers, this must be just a small percentage of what is really taking place. That leads me to question why the musicians working under these agreements, who often complain about not being able to make enough money, do not contact their local or the Federation about these contract violations.

There are two obvious reasons for this. The first is knowledge. If you don’t know the terms of the agreement you are working under, you don’t know how you are supposed to be treated or paid.

That is an easy fix. If it’s a national agreement, the terms are located on the AFM website for you to review. If you can’t find them on the site, contact your local and I’m sure they can help track them down. If it’s a local contract, ask for a copy, or talk with your local officer about the terms. Knowing and understanding the terms of the contract(s) you’re working under is a pretty easy way to determine if you’re being paid and treated properly.

The other reason is fear. Believe me, this is a big one and can be very difficult. You might think that, if you stand up for your right to be treated as required by the contract, which the signing company or organization has agreed to, you could be let go, not hired again, or disrespected in your music community, depending on the scope of the contract. Know that I, as a local officer, don’t want to see this happen to anyone. It is my job to deflect and take the heat away from musicians as we work through the issues. It should be noted in all these cases: the contract is between the union and the producer (employer). An individual musician does not have the authority to waive the terms of that agreement. Working together, though, we should be able to navigate the issues, protect your relationships, and get you the money you’re owed.

Beyond the realm of these two examples, though, I’m sure there are other reasons why musicians don’t bring contract violations to the attention of their local officers. If we don’t know about something, we can’t work to resolve it. So I’m going to do something crazy here (at least it might prove to be). I would like to hear about all your reasons for not communicating with your local about contract violations, especially the wage violations that you have experienced. I encourage you to read and understand the contracts you are working under so you at least know if there are violations. You can email or snail mail me your story. Mail makes it easier to protect your anonymity, but whichever you choose, your identity will not be shared. I only ask that you identify the local you are a member of.

You can send your story to either bfife@afm99.org or to Bruce Fife, PO Box 42485, Portland, OR, 97242.

Know your value and stand up for your rights!

Officer Columns, President's Message

Staff Additions — SSD Director, West Coast In-house Counsel

November 2, 2016 Ray Hair

I am delighted to announce two important changes to Federation staff—one in our Symphonic Services Division (SSD) located in our headquarters office in Times Square, filling a vacancy left by the election of former Director Jay Blumenthal to the position of AFM Secretary-Treasurer, and another in our Electronic Media Services Division (EMSD) at the Federation’s West Coast Office in Hollywood. The staffing changes have resulted in the addition of two of the best minds and finest lawyers to be found in the field of union-side labor relations. They are Rochelle Skolnick and Russell Naymark.

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It’s Never Been More Important to Be Proactive