Tag Archives: AFM

Recent News

Shop Union for Your Celebrations

As the holiday season approaches, be sure to support good jobs and look for union made products for all your gift giving, celebrating, and decorating needs. Here’s a sampling of food and beverage items to look for:

Foods

• Whole turkeys: Butterball and Foster Farms

• Hams and other meats: Alexander
& Hornung, Boar’s Head, Cook’s,
Farmland, Hillshire Farm, Hormel,
John Morrell, Oscar Meyer, Sahlen’s, and Thumann’s

• Pies and desserts: Entenmann’s
and Marie Callender’s

• Side dishes, condiments, and other
ingredients: Amaral Ranches, Andy Boy, Banquet, Betty Crocker, Birds Eye, DelFresh, Dole, Gargiulo, Gourmet Foods, Kraft, Mann’s, Ocean Spray, Ore Ida, Stroehmann

• Snacks: Act II and Orville Redenbacher popcorn, Bagel Bites, Bugles, Cheetos, Cheez-It, Chex Mixes, Doritos, Frito-Lay, Mission Chips, Old El Paso, Ritz, Rold Gold, Ruffles, Sun Chips, Tostitos, Triscuit, and Wheat Thins

Beverages

• Spirits and liquors: Bacardi, Captain Morgan, DeKuyper, Gilbey’s, Jack Daniel’s, Jim Beam, Knob Creek, Maker’s Mark, Pinnacle, Seagram’s, Southern Comfort, Wild Turkey

• Wines: CK Mondavi, Chateau Ste.
Michelle, Corbett Canyon,
Dubonnet, Livingston Cellars, St.
Supery, Turning Leaf, Weibel

• Beers: Blue Moon, Mendocino Brewing Company, Budweiser, Coors, Miller, Pabst, Sam Adams, Shock Top

• Mixers and nonalcoholic drinks:
Clamato, Coca-Cola, Dr. Pepper,
Minute Maid, Pepsi, Schweppes, Sprite, V8, Welch’s

• Hot chocolate: Kayo, Ghirardelli, Swiss Miss

• Teas: Tender Leaf

• Coffees: Eight O’Clock, Folgers, Kauai, Maxwell House, Millstone

Candies

• Chocolates: Cadbury, Ghirardelli, Hershey, Rolo, Russell Stover, Toblerone, York Peppermint Patties

• Other candies: Bit-O-Honey, Dum Dums, Jawbreakers, Jelly Belly, Necco Wafers, See’s, Smarties, Sour Patch Kids, Super Ropes, Tootsie Rolls

Visit the website Labor411.org for comprehensive lists.

paper trail
Executive Board Members, Officer Columns

The Power of the (Digital) Paper Trail

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

I think many AFM members have had their own personal “tipping point” where suddenly the value of union membership really hit home. I had been an AFM member for about a year when I played a concert with Don Williams at Giants Stadium in the Meadowlands, not long after joining his band in 1980. It was my first ever stadium gig, which was pretty amazing in itself, and Don—as always—paid us well for the show. Unbeknownst to me, the concert was being filmed. A live clip of the song “Good Ole Boys Like Me,” which was number one on the country charts at the time, was shown on a TV show called America’s Top 10 twice over two months. I got paid more than I made for playing the concert not once, but twice. From that point on, I got it. This was my first experience with the power of the paper trail, which is a direct result of the protections of working under the AFM contract.

paper trail

Dave Pomeroy hands Local 257 (Nashville, TN) member Solie Fott a check for new use of a 1962 recording Fott performed on.

People ask me all the time, “What exactly does the musician’s union do?” That’s a question with a lot of answers! I reply that we represent the interests of professional musicians all over the US and Canada, followed by, “How much time do you have?”

If it is more than a casual inquiry, I try to ask a few questions to find out what their areas of interest and expertise are and what ambitions and goals they might have. I can then focus on the most applicable aspects of AFM membership to their situation. 

These days it’s not uncommon for young musicians to have multiple skills from songwriting, engineering, and arranging to playing a plethora of instruments very well.  Many, if not most, musicians these days are making money from numerous revenue sources, some of which are smaller than they used to be. In a constantly evolving music industry, it’s essential not to leave any potential income from your musical performances on the table. That is where the power of the paper trail works in your favor in a number of ways.

Virtually all AFM media contracts have a pension component. Pension is not something you think about much when you are young, but as someone who just turned 60, I am grateful to know that I’ll have “mailbox money” to look forward to after many years of being a working bass player. In addition, new use and re-use provisions ensure you will get paid every time your work is used in a new medium such as TV, film, and commercials.

For example, last month, a violinist named Solie Fott, a delightful man and a 70-year AFM member, came into the office to pick up a re-use check for the Patsy Cline record “Back In Baby’s Arms,” which was recorded September 10, 1962, under an AFM contract.  The song was used in a Mazda commercial and he and 11 other musicians (or their beneficiaries) have received more than 10 times what the scale was when the record was made more than 53 years ago.

Without the paper trail, we would not have been able to get this payment for him. As our digital database of session information expands, it facilitates our ability to track the new uses of existing and future recordings. When you work nonunion, what you make that day is all you ever make, and you have given away your intellectual property forever. Make sure you work under an AFM contract to maximize your potential revenue streams in every way possible.

You are what you believe
Music Business, Traveling Musician

You Are the Prophet of Your Own Destiny

Every once in a while I hear someone complain about how bad things are. We all have bad days, sometimes bad weeks. Maybe the gigs aren’t coming in as fast as you want. Maybe your calendar is full, but the gigs suck. Maybe you feel your career should be at a higher level, but you’re still stuck playing for just over scale at a place that doesn’t appreciate you. If you believe it, it must be so.

C’mon, lighten up. You could be a Walmart greeter or be doing telemarketing from a Third World country. Success or a decent break could just be a couple of choruses away.

When you think you’re stuck in a rut and serving a sentence of playing at senior homes and performing scale work at one of the local saloons, you never know who’s going to hear you and help take you or your group to a higher level. You have to be on top of your game, if you have any aspirations of getting to a higher level.

Don’t make the mistake of playing less than your best, just because a gig is the pits. If you believe you’re going nowhere, who’s to argue with you? You are the prophet of your own destiny.

How many times have these negative words and weasel phrases come out of your mouth:

“Nobody wants to hire live music
anymore.”

“You can’t make a living playing music in this town.”

“I’ll quit before I have to pay-to-play.”

“We’re lucky to get scale.”

“I hate playing this crap.”

“Nobody wants to hear good music anymore.”

“Clubs can’t pay musicians what they’re worth.”

If this is starting to sound familiar, you have two options:

1) Quit

2) Do something about it

If quitting is your option, that’s your prerogative. If you’d rather do something about it, then just don’t sit around waiting for the phone to ring. Forget the self-pity, the negativity, and the whining. Get yourself a better website, a decent updated demo video, and a quality promotional package that you can post online.

Take your social media skills to another level. Start using the phone for a little outbound telemarketing and ask for referrals. Ask yourself how bad you want more or better work? What are you willing to give up for it? Nothing comes easy. You get what you give. Are you willing to play more cover songs, if you like just doing originals? Are you willing to travel a little more, or even move if it’s necessary? Are you networking with other people in your local? Have you done a recent recording that shows your best talents? Do you have a separate brochure just for corporate work? Have you made friends with the media? Are you getting PR from them regularly? Do the guys that do morning drive on your local radio stations know you, mention you once in a while, or even play your stuff? Do you add to your e-mail list regularly? Do you occasionally send out mailings by snail-mail?

What can you do this week to get you more work or better work next week? Do a little soul-searching. Are you using the Musicians Performance Trust Fund to your best advantage so you can get exposure and become a public service to your community as well? Are your chops as good as they can be? Do you run circles around most of the other musicians in your area, or could you stand a little woodshedding to polish up your talent? Is your library of tunes current, or do you rely on what you’ve already got in the can?

You are what you believe. Attitude is important. Keep trying something new until success starts to smack you in the face. Above all, don’t complain. If you think you’re going backwards, you are. You’re an AFM member, a professional musician, and you have the inside track. Maybe it’s time to reshuffle and expand your horizons beyond the next block. Remember, if you do what you’ve always done, nothing’s going to change. How badly do you want better work? Do you want to take your career to the next level badly enough to actually do something about it right away?

You are what you believe. Those big breaks don’t just come out of nowhere. You have to make them happen.

RMA
Officer Columns

What Is RMA and What Does It Do?

by Marc Sazer, Recording Musicians Association (RMA) President and Member of Locals 47 and 802

As we reach out to colleagues we are frequently asked, “What is the Recording Musicians Association, or RMA? What do you do?” The first answer is that we are a player conference of the AFM. The next question is often, “What’s that?”

Our AFM represents musicians of many different stripes—freelancers working in symphonic, theater, recording, and touring industries; tenured musicians in full-time orchestras; club musicians; and more. How we developed our rank-and-file player conferences is a crucial part of our common narrative.

Rank-and-File Participation

Other unions also grapple with how to facilitate rank-and-file participation: SAG-AFTRA sponsors the pioneering Dancers Alliance, which works with grass-roots commercial dancers to gain union recognition and improve wages and conditions. Many unions establish temporary “wage & hours” committees in advance of negotiations, organizing committees for specific campaigns, and other types of rank-and-file committees.

The International Conference of Symphony and Opera Musicians (ICSOM) was recognized as an organization of symphonic musicians within the AFM in 1969, followed by Organization of Canadian Symphony Musicians (OCSM) in 1975, RMA in 1982, Regional Orchestra Players Association (ROPA) in 1984, and Theater Musicians Association (TMA) in 1997.

Our player conferences play a key role as “intermediate bodies” within our union. We are not labor unions; we are not union locals.

So what is RMA? What does it do?

Assists our AFM in contract negotiations for media contracts: Sound Recording Labor Agreement (SRLA), videotape, film, TV, commercials, etc.

Assists our AFM International Executive Board (IEB), locals, and staff in the ongoing administration of our collective bargaining agreements.

Helps our union by providing ongoing research into our employment and our employers.

Acts as both a voice and resource for rank-and-file musicians, helping players navigate our union structure and the structure of our collective bargaining agreements (CBAs).

Assists our union by being available as a channel of communication with others in the businesses that employ AFM members.

With the long-standing leadership of RMA Vice President Bruce Bouton, trustee of the AFM & SAG-AFTRA Fund, works with our union to protect musicians’ intellectual property rights.

RMA is committed to engaging in deep research, trying to understand employment opportunities through data. We are dedicated to making policy recommendations based on factual data, rather than personal anecdotes. Musicians always want more work. The oversupply of musical labor isn’t new, but every generation has to learn how to distinguish opportunity from mirage.

Research Supports Unionism

One example of research is an ongoing project of tracking the motion pictures that open “wide,” that is, the universe of movies that are likely to have substantial music budgets and employment. We look at how many are scored AFM, how many are filmed in North America, where they were scored, who the composers and production companies were, whether or not they were signatory companies, etc.

Data helps us see through the blogosphere and see through misinformation. Good research and data is key to modern unionism.

In June, the AFM began TV/videotape negotiations with the major networks. We met in New York City for a short week of caucus days and direct negotiations. But the real work began long before, and RMA was there.

This bargaining unit includes members of regular, ongoing bands, like the bands for Saturday Night Live, Jimmy Kimmel Live, The Late Late Show with James Corden, and others. There are also a large number of musicians who play various awards shows, like the Academy Awards, the Grammys, and the Tonys. And there are players from The Voice and other nonscripted shows. We went out and talked with players, sounding out issues, hearing concerns, and carrying their issues to our caucus.

Based on years of participation in this and other media contracts, RMA also brought expertise with the CBA itself to our union. All of our media contracts are interwoven and interdependent. For example, key issues with videotape involve new media exhibition; those of us who have worked with new media in film and TV, and have kept abreast of the new media experience of our sister unions, are able to make important contributions to our AFM caucus.

Sony PlayStation

I’d also like to mention an event that RMA played a key role in bringing to fruition.

Sony PlayStation is a titan of the gaming world, producing a complete range of products—consoles, displays, VR headsets, and an industry leading collection of interactive software. Going into E3, the major annual game convention, PlayStation wanted to roll out their new lineup to maximum effect. Sony planned to stream a full orchestra playing to live gameplay. The music director contacted some of us from RMA for assistance, and we worked behind the scenes with AFM President Ray Hair, EMSD Director Pat Varriale, several top executives and attorneys from Sony PlayStation, the contractor, and Local 47 officers and staff to help everybody navigate the system together.

RMA helped PlayStation and the AFM work together directly. The outcome was a stunning success. First, the event was a smash hit, winning rave reviews, and is now available on YouTube and at PlayStation.com. Perhaps more importantly, a level of mutual respect and trusting communication emerged between this industry leading company and our union. We have many more steps to take on this path, but after years of discord, a new window has opened!

This is how RMA contributes to the health of our union. In the spirit of our 100th AFM Convention, we are, indeed, stronger together.

record under afm
Electronic Media Services

Top 10 Important Reasons to Record Under AFM Agreements

  1.  Standard wages—You are guaranteed to receive at least the minimum standards for your services.
  2.  Doubling and overdubs—In addition to wage payments, the employer is required to make payments for doubling and overdub services.
  3.  Foreign use—If you perform services in the production of a show produced under most of the AFM’s television agreements, you will receive additional payments if the program is broadcast overseas.
  4. BLu-ray payments—If you provide services to a program that is released into the Blu-ray or digital formats, you will be entitled to additional payments that will
    continue to accrue based on gross receipts.
  5. Pension fund contribution—The employer is required to make a pension fund contribution on your behalf, which puts your documented work into the system.
  6. Health and welfare fund contribution—The employer is required to make health and welfare contributions to the health plan of your local. If your local does not have a plan, they are required to make a nonpensionable wage payment directly to you.
  7. SOUND RECORDING Special payments fund (SPF)—If you perform services on
    sessions for a sound recording, you are guaranteed to receive payments from the Sound Recording Special Payments Fund for each of the next five years.
  8. Secondary markets fund—If you perform services under the Basic Theatrical Motion Picture or Television Film Labor agreements, you will qualify for distributions from the Film Musicians Secondary Markets Fund should the film be released to outlets such as pay cable, TV, Blu-ray, or new media.
  9. Reuse—If you perform services for work under the Commercial Announcements Agreement, you will receive periodic reuse payments for any new cycles the
    commercials enter into; if the commercial is exhibited on the Internet, full payment for use in that format will apply. Re-use also applies to work done under the AFM TV agreements.
  10. New use—If you perform services under an AFM agreement and your product is licensed for use in another medium, such as a theatrical motion picture, television film, or commercial announcement, you will be entitled to additional payments and pension contributions as if you had performed the work under that agreement.
Officer Columns, Secretary-Treasurer

Fort Worth Musicians on Strike!

For the last few years, I’ve taken great pleasure in announcing at each AFM and symphonic player conference that there currently are no ongoing symphony orchestra strikes or lockouts within the AFM. Unfortunately that is no longer the case. On Thursday, September 8, 2016, the Dallas-Ft. Worth Professional Musicians’ Association, Local 72-147, sent out a press release stating: “Musicians of the Fort Worth Symphony Orchestra Call Strike.” This came after management made a last, best, and final offer and indicated they would be implementing it Monday, September 12.

Continue reading →

Recent News

2016 Bylaw Changes

Following are the changes to AFM bylaws effective September 15, 2016 as determined by the 100th AFM Convention held in June 20-24, 2016. 

A NEW SECTION is added to Article 3-Officers:

SECTION 4(a). It is the duty of each AFM Officer to hold the AFM’s money and property solely for the benefit of the AFM and its members and to manage, invest, and expend the same in accordance with these Bylaws and the rules and policies as adopted by the IEB, to refrain from dealing with the AFM as an adverse party or in behalf of an adverse party in any matter connected with his or her duties and from holding or acquiring any pecuniary or personal interest which conflicts with the interests of the AFM, and to account to the AFM for any profit received by such AFM Officer in whatever capacity in connection with transactions conducted by him or her on behalf of the AFM.

SECTION 4(b). In addition to the obligation to provide an accounting, an AFM Officer shall pay to the AFM an amount equivalent to the personal profit gained by him or her as a result of any transaction involving the AFM unless, prior to engaging in the transaction, a majority of the disinterested IEB members voted to approve the transaction after the material facts and the Officer’s interest were fully disclosed, and the transaction was fair and reasonable to the AFM when approved.

SECTION 4(c). For purposes of this Section, any personal pecuniary interest taken by an AFM Officer for engaging in the duties and obligations of the Office above and beyond the salary or honorarium provided by these Bylaws shall be presumed unreasonable.

_______________________________________

Section 23 of Article 5-Locals’ Rights and Duties is amended as follows:

SECTION 23. All Local Officers must be nominated and elected in conformity with Local and AFM Bylaws and, except for Canadian Locals, in conformity with the Labor-Management Reporting and Disclosure Act of 1959, as amended. All Local Union Delegates and alternate Delegates to AFM Conventions must be nominated and elected in conformity with Local and AFM laws and in conformity with the Labor-Management Reporting and Disclosure Act of 1959, as amended. In elections of Local Officers, Convention Delegates, and alternate Delegates, no vote shall be counted for a person who has not been duly nominated. A quorum is not required for such nominations/elections to take place. All Player Conference Delegates and alternate Delegates to AFM Conventions must be selected in conformity with the bylaws of their conference.

_______________________________________

Sections 32, 33(a), 33(b) and 33(c) of Article 5-Locals’ Rights and Duties are deleted in their entirety and replaced with the following:

Contract Ratification

SECTION 32(a). Federation Agreements Other Than Canadian National Agreements

i. Any CBA negotiated or renegotiated by the AFM (other than Canadian National Agreements; including but not limited to the TVO/TFO, the Canadian Broadcasting Corporation, the National Film Board, the Canadian Commercial Announcement Agreements) or any negotiated extension of an existing agreement for a period of more than six months beyond its expiration date shall be subject to a secret ballot ratification by the eligible members in good standing who have worked under the previous agreement. A majority of those eligible members who cast ballots shall be sufficient to ratify the agreement.

ii. If there is a dissenting opinion emanating from members of the negotiating committee, the dissenter(s) shall have the right to prepare a minority report at their own expense and have it included as part of the ratification materials presented to those members eligible to vote on the agreement.

iii. The eligibility requirements and ratification voting procedure shall in each case be determined by the IEB. The AFM shall keep accurate and up-to-date lists of all musicians who are eligible to ratify the agreements. In the event that a list of eligible members cannot be reasonably established, this requirement shall not apply, and the IEB shall be empowered to ratify the agreement.

iv. The IEB shall also be empowered to ratify amendments that are of the nature of technical corrections, incidental improvements, or experimental formulas provided the period of time during which the amendment is to be in force does not exceed 15 months.

SECTION 32(b). Federation Agreements – Canadian National Agreements

i. Canadian National Agreements (including but not limited to the TVO/TFO, the Canadian Broadcasting Corporation, the National Film Board, the Canadian Commercial Announcement Agreements) or any negotiated extension of such agreements for a period of more than six months beyond its expiration date shall be subject to a secret ballot ratification by the eligible members in good standing who have worked under the previous agreement. A majority of those eligible members who cast ballots shall be sufficient to ratify the agreement.

ii. If there is a dissenting opinion emanating from members of the negotiating committee, the dissenter(s) shall have the right to prepare a minority report at their own expense and have it included as part of the ratification materials presented to those members eligible to vote on the agreement.

iii. The eligibility requirements and ratification voting procedure shall in each case be determined by the Vice President from Canada in consultation with the Canadian Conference Executive Board or with a committee pursuant to Article 3, Section 6(c) shall make the eligibility determination. The Canadian Office shall keep accurate and up-to-date lists of all musicians who are eligible to ratify the agreements. In the event that a list of eligible members cannot be reasonably established, this requirement shall not apply, and the Vice President from Canada in consultation with the Canadian Conference Executive Board (or with a committee thereof pursuant to Article 3, Section 6(c)) shall be empowered to ratify the agreement.

iv. The Vice President from Canada in consultation with the Canadian Conference Executive Board (or with a committee pursuant to Article 3, Section 6(c)) shall also be empowered to ratify amendments that are of the nature of technical corrections, incidental improvements, or experimental formulas provided the period of time during which the amendment is to be in force does not exceed 15 months.

SECTION 32(c). Local Agreements

i. Any CBA negotiated or renegotiated by a Local Union or any negotiated extension of an existing agreement for a period of more than six months beyond its expiration date shall be subject to a secret ballot ratification by the eligible members in good standing who have worked under the previous agreement. In the event of a ratification held by meeting and secret ballot, there shall be no proxy or absentee ballots. If it is necessary to hold a ratification by mail, then all voting shall be by mail ballot. A majority of those eligible members who cast ballots shall be sufficient to ratify the agreement.

ii. If there is a dissenting opinion emanating from members of the negotiating committee, the dissenter(s) shall have the right to prepare a minority report at their own expense and have it included as part of the ratification materials presented to those members eligible to vote on the agreement.

iii. The eligibility requirements and ratification voting procedure shall in each case be determined by the Local Union executive board. The Local Union shall keep accurate and up-to-date lists of all musicians who are eligible to ratify the agreements. In the event the Local Union is unable to identify a bargaining unit for purposes of ratification, the International President or the Vice President from Canada, as is appropriate, may empower the Local Union Executive Board to ratify the agreement.

SECTION 32(d). Ratification by Electronic Balloting.

i. If it is necessary to hold a ratification by an electronic balloting method (e.g. online, telephone), then all voting shall be done by electronic balloting, provided that ratification by electronic balloting has been authorized by the Local’s bylaws or action of the Local’s Executive Board, and provided that the Local selects an independent organization approved by the International President’s Office to conduct the voting. In all cases, the method of voting must (1) ensure that the member casting the vote is eligible to do so, (2) ensure that the member casting the vote cannot be identified with the vote cast, and (3) afford sufficient safeguards to protect the integrity and security of the voting system. Further, in the case of electronic balloting, an appropriate accommodation must be made for a voter who lacks the technology or equipment necessary to cast his or her vote.

ii. Ratification by electronic voting for a CBA negotiated by the AFM may be permitted at the discretion of the IEB or, in the case of Canadian National Agreements, at the discretion of the Vice President from Canada in consultation with the Canadian Conference Executive Board or with a committee thereof pursuant to Article 3, Section 6(c). Where electronic balloting is utilized pursuant to this subsection, all voting shall be done by electronic balloting. Such electronic balloting shall be conducted by an independent organization approved by the International President’s office to conduct the voting. In all cases, the method of voting must (1) ensure that the member casting the vote is eligible to do so, (2) ensure that the member casting the vote cannot be identified with the vote cast, and (3) afford sufficient safeguards to protect the integrity and security of the voting system. Further, in the case of electronic balloting, an appropriate accommodation must be made for a voter who lacks the technology or equipment necessary to cast his or her vote.

iii. The International President’s Office shall maintain a list of one or more vendors whose electronic balloting services meet the requirements set forth in this Section.

_______________________________________

A NEW SECTION is added to Article 5-Locals’ Rights and Duties:

Officers As Fiduciaries

SECTION 43(a). It is the duty of each Local Officer to hold the Local’s money and property solely for the benefit of the Local and its members and to manage, invest, and expend the same in accordance with its Bylaws and the rules and policies as adopted by the IEB, to refrain from dealing with the Local as an adverse party or in behalf of an adverse party in any matter connected with his or her duties and from holding or acquiring any pecuniary or personal interest which conflicts with the interests of such Local, and to account to the organization for any profit received by such Local Officer in whatever capacity in connection with transactions conducted by him or her on behalf of the Local.

SECTION 43(b). In addition to the obligation to provide an accounting, a Local Officer shall pay to the Local an amount equivalent to the personal profit gained by him or her as a result of any transaction involving the Local unless, prior to engaging in the transaction, a majority of the disinterested Local executive board members voted to approve the transaction after the material facts and the Officer’s interest were fully disclosed, and the transaction was fair and reasonable to the Local when approved.

SECTION 43(c). For purposes of this Section, any personal pecuniary interest taken by a Local Officer for engaging in the duties and obligations of the Office above and beyond the salary or honorarium provided by the Local’s bylaws shall be presumed unreasonable.

SECTION 43(d). The International President shall have the authority to take all acts and issue all orders necessary to enforce the obligations of this Section.

_______________________________________

Sections  47(c), 47(e), 48, and 59 of Article 5-Locals’ Rights and Duties are amended as follows:

SECTION 47(c). Each Local shall [pay] report Federation Per Capita Dues quarterly based on the membership in good standing of each Local as of March 31, June 30, September 30 and December 31 of each year. Payments of Federation Per Capita Dues for such respective periods shall be due and made by check, draft or postal or express money order payable to the AFM not later than April 30, July 31, October 31 and January 31 of each year. Absent a showing of extraordinary circumstances, payments postmarked after April 30, July 31, October 31 and January 31 shall be subject to a penalty in the amount of 2% per month or fraction of a month computed from April 30, July 31, October 31 and January 31.

SECTION 47(e). A Local in arrears one quarterly payment of Federation Per Capita Dues [and/or Federation Initiation Fees (FIF)] or in arrears three months in reporting and/or forwarding Federation Work Dues and/or Federation Initiation Fees (FIF) collected to the International Secretary-Treasurer  shall not be allowed representation at the Convention. A Local in arrears two quarterly payments of Federation Per Capita Dues and/or six months of Federation Initiation Fees (FIF) to the International Secretary-Treasurer may have its charter revoked by the IEB if it fails to pay the delinquent Federation Per Capita Dues within 60 days of written final notice of its delinquency from the IEB. Upon revocation of the charter, the IEB shall be authorized to assign the jurisdiction to an adjacent Local or Locals.

SECTION 48. The FIF shall be paid by each member subject to it, [and ]collected by the Local the member joins at the time of affiliation, and forwarded to the Federation each month, whether or not the member pays the LIF in installments. The Local shall [forward]make a monthly report of the FIF collected to the International Secretary-Treasurer [together with a report ](in a form that the Secretary-Treasurer shall prescribe) not later than the 15th day of the month immediately following the member’s affiliation. The form shall include the member’s name, address, U.S. Social Security or Canadian Social Insurance number, and prior AFM affiliations. Absent a showing of extraordinary circumstances, Locals remitting FIF payments after a grace period of 15 days shall be subject to a penalty in the amount of 2% per month or fraction of a month computed from the end of the grace period.

SECTION 59. The Local where the services were performed (unless provided otherwise in these Bylaws) shall collect the Federation Work Dues along with its Local Work Dues and make a monthly report of Federation Work Dues collected to the International Secretary-Treasurer in a form that the Secretary-Treasurer shall prescribe. The Local shall forward to the International Secretary-Treasurer all Federation Work Dues collected during each month on or before the 15th day of the following month[, together with a report in a form that the Secretary-Treasurer shall prescribe]. Absent a showing of extraordinary circumstances, payments forwarded after a grace period of one month shall be subject to a penalty in the amount of 2% per month or fraction of a month computed from the end of the grace period.

________________________________________

Section 56(d) of Article 5-Locals’ Rights and Duties is amended as follows:

SECTION 56(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 percentage amounts set forth in the chart in Article 9, Section 32(b);

ii. 5¼% of the scale wages earned for employment under a Local-negotiated Agreement covering theatrical employment where the members in the bargaining unit have voted to participate in the Theater Defense Fund as provided [, except as noted] in Section [59]58 below;

iii. 5% of the scale wages earned for all other work.[ or except as otherwise provided by the IEB in connection with Article 9, Section 40(b).]

________________________________________

Section 5 of Article 6-Funds is amended as follows:

SECTION 5(c). [Non-interest bearing emergency]Emergency relief loans of up to 20% of the funds available as of April 1 of the current year shall be available to participating orchestras that are current in their payments to the Fund. Loans 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 local or other serious confrontation with management that, in the Trustees’ opinion should be considered for emergency relief.

 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-month period until said balance is paid in full.  In the event of a hardship, a feasible payment schedule shall be determined by the Trustees.

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Section 9 of Article 6-Funds is amended as follows:

SECTION 9(a). The IEB shall have the express authority to establish an annual fee payable by all musicians who earned scale wages of $2,500 or more, in the aggregate, in the prior calendar year for work under Federation recording agreements (other than symphonic recording agreements) provided that such fee i) is approved by the four AFM members who currently compose the EMSD Oversight Committee as described in the Roehl Report (or their replacements selected in accordance with current practice); and ii) is ratified by the affected musicians by mail ballot referendum. Such fee (“EMSD Fee”) shall be collected by the appropriate Local and shall be remitted by the Local to the Federation.

SECTION 9(b). If the EMSD Fee is calculated as a percentage of scale wages earned, the fee shall be due and payable to the Local  where  the  services  were  performed and shall be due and payable no later than the 15th day of the month following the month during which the member was paid. Any member violating the provision of this Section shall be subject to a fine of not less than $10 nor more than $100, suspension and/or expulsion from the AFM. The Local where the services were performed shall collect the EMSD Fee along with its Local Work Dues.

SECTION 9(c). The Local shall forward to the International Secretary-Treasurer all EMSD Fees collected during each month on or before the 15th day of the following month, together with a report in a form that the Secretary-Treasurer shall prescribe. Absent a showing of extraordinary circumstances, payments forwarded after a grace period of one month shall be subject to a penalty in the amount of 2% per month or fraction of a month computed from the end of the grace period.

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Article 13-Traveling Engagements is amended as follows:

Sections 9, 11(a), 11(b), 11(c) and 12 are deleted in their entirety.

SECTION 13. Except  for  services  that  are  covered  by  a  CBA  with  a  home Local or the AFM  that provides for wages and other conditions of employment and that is approved for the purposes of this Article by the AFM, or services that are covered by another provision of these Bylaws or by AFM rules or regulations promulgated under these Bylaws, the minimum wage to be charged and received by  any  member  (including  arrangers,  orchestrators  and  copyists)  for  services rendered on a Traveling Engagement shall be the following:

Section 13(a) is deleted in its entirety.

Section 13(b) is amended as follows:

SECTION 13(b). In the case of a Traveling Engagement of less than the periods set forth above, the minimum wage shall be no less than  either the Local wage scale where  the  services  are  rendered  or  the  Local  wage  scale  where  the  musical unit group  (or individual member performing alone) has its base of operations, whichever is greater.

Section 16 is deleted in its entirety.

Section 19 is amended as follows:

SECTION 19. The leader of a traveling orchestra shall be required to furnish transportation  for  the  orchestra  members.  If  orchestra  members,  at  the leader’s request, are required to drive their vehicles, they shall be reimbursed for all toll road expense and shall be compensated at the current mileage/kilometer rate recognized by the U.S. or Canada, as appropriate, for a maximum of four musicians per vehicle. Each additional passenger shall require compensation at the rate of one-fourth (1/4) the U.S. or Canadian mileage/kilometer rate, as appropriate, per passenger. of six cents per mile or four cents per kilometer per member they transport, with a minimum payment of 30 cents per mile or 19 cents per kilometer.

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Sections 5 and 6 of Article 17-Conventions are amended as follows:

SECTION 5. Local Union Delegates to the Convention (and alternates for those Delegates who may be unable to attend the sessions) shall be elected by the Locals either at annual, regular, or special meetings or at regular or special elections, but in any event by secret ballot. In the event there is no opposition for the Delegate position(s), the unopposed Delegate candidate(s) shall be declared elected by acclamation. At least 15 days prior to the election of Delegates, notice of the election shall be mailed by the Local to the last known home address of each member in good standing. Elections in violation of this law are null and void.

BE IT FURTHER RESOLVED, That Article 17, Section 6, be amended as follows:

SECTION 6. All Local Union Delegates and alternate Delegates to AFM Conventions must be nominated and elected in conformity with Local and AFM laws and in conformity with the Labor-Management Reporting and Disclosure Act of 1959, as amended. In elections of Local Officers, Convention Delegates, and alternate Delegates no vote shall be counted for a person who has not been duly nominated. A quorum is not required for such nominations and/or elections to take place. All Player Conference Delegates and alternate Delegates to AFM Conventions must be selected in conformity with the bylaws of their conference.

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A NEW SECTION is added to Article 20-Policy as follows:

NEW SECTION. As a matter of policy, 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.

Further, in accordance with fundamental principles of union democracy and the Mission of the AFM, musicians who work for full-time orchestral employers and their Locals are encouraged to explore ways that substitute and extra musicians may participate in the bargaining process.

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A NEW SECTION is added to Article 22-Miscellaneous as follows:

SECTION 5. Canada has two official languages, French and English. In the Province of Quebec, French is the official language. New Brunswick is Canada’s only bilingual province. The Federation shall accommodate the requirements of that reality, in the context of the applicable legislation, to the extent it is practicably able to do so.

Electronic Media Services

Little Cog in a Big Machine

by Cecelia Gray, Administrative Assistant, AFM Electronic Media Services Division

When people ask me about my job I struggle to tell them precisely what my work means to me and what it is I do. I’m a horribly irreverent person, so I say something like, “I work in an office environment where we can spend 10 minutes one-upping each other with puns and it is not an atypical moment for anyone.”

And though that’s something I love about my job, that’s not the root of it. Yes, I love that everyone indulges me with my highly decorated desk, I love talking about music all day, and I love the little peeks I get into the broad and deep history of this place. This job for me, though, is something larger.

I’m the child of a singer-songwriter, a woman who is one of the best music educators I’ve ever seen, and who understands the impact that a good arts education can have on a kid. She fought for years to get proper equipment and funding to build a music program to be proud of in my hometown. I grew up surrounded by a small community of artists of one kind or another, all of whom, including my mother, still struggle with the unfortunate undervaluing of art. I have watched my friends barely scrape by, while they pour their souls out on stage for tips. I’ve fallen behind on rent because it turns out that short films couldn’t pay after all. Do it for the exposure, just try not to die of exposure in the process.

I suppose it’s fitting that, with all of that personal history, I would end up in a place where I can try to do something about it professionally.

I am a little cog in a big machine, but I like what this machine does and I like what I do in it. I help to process paperwork that ensures music is being produced under union conditions. I answer questions about wages and pension for employers and members. I keep detailed records of projects where the union could potentially find its members involved and in need of support. When I can, I find previously unreleased material and money for session musicians who rely upon that money. I am here to support and give voice to those whose work is being used without their permission. As an artist, this gives my job meaning. I am not just pushing paper; I am making sure artists are treated with the respect they deserve.

I was only recently hired full-time, and even though this job fits perfectly into my interests, I was just a temp who accidentally stumbled into it. Now, I’m in this weird family that laughs too loud about dumb puns and I don’t think I’ll be leaving anytime soon. I hope I get the chance to speak for more of you, more often, and I hope that you all will find in me an ally for many years to come.

new use
Electronic Media Services

Are You a Leader?

by Daniel Calabrese, Canadian Federation of Musicians EMSD Contract Administrator

Think back to 10 years ago. How did you record your music? How did you rehearse? Who paid for your recording time? The way to make music is constantly upgrading. It’s taking less space, less equipment, less hassle, and sometimes less money. With that, the result has led to one truth: we’re making more music, faster than ever before, and it’s not slowing down.

While swimming in sound recording contracts on the daily, I’m starting to recognize that we’re currently living in a music supervisor’s heaven. Traditionally, publishing companies would run licensing departments; today music supervisors clear songs directly with artists in advance and pitch their music later. Traditionally, labels would hire musicians to make recordings; today we see artists record everything themselves, then license it to the labels. We’re in an era with an endless supply of new music; rules are changing daily, and everyone is breaking tradition.

However, there’s one tradition of practice that shouldn’t change in this new era: now, more than ever, session leaders need to submit recording contracts to their local after every session. We see too many AFM members recording music without grasping the potential of success from that recording. With music licensing increasing, new use goes up. (Taking prerecorded material and using it in a new medium. For example, “Eye of the Tiger” being placed in a commercial jingle.)

What is new use? Where did it come from? There’s a long answer going back to the early 1930s, where the work of live musicians performing to silent films in theatres was diminished, and soon completely replaced by scored music that was recorded in the movie. Shortly after that, musicians were replaced by prerecorded material on radio shows. The short answer is that new use keeps the value of music, while the way we use music changes. When a member performs services under an AFM agreement, that work is protected, if it’s used for any purpose other than its original intent. That means, if your recorded material is used in a future television commercial, you will be compensated the same as if you had performed new work under AFM’s Commercial Agreement.

Submitting a B-4 recording contract not only protects your work from potential future use, it also guarantees payments from the Sound Recording Special Payments Fund (SRSPF) for the next five years. The SRSPF was established in 1964 by the AFM and recording companies who employed AFM musicians under the collective bargaining agreement known as the Sound Recording Labour Agreement (SRLA). Record companies are obliged to contribute a percentage of their record sale revenue into a fund for distribution to musicians listed on B-4 forms that are submitted. The more work submitted, the more contributions a musician receives from the fund. More information can be found at sound-recording.org.

As the music industry runs in a world without borders, one thing that must stay true is the value of music. Through the protection of new use and other benefits like SRSPF, the AFM proves to be a leader by its ability to adapt to change, no matter how quickly technology can advance/regress the industry.

Are you a leader? If bandleaders (and all musicians) continue to submit their contract reports to locals, it’s much easier to credit and compensate members appropriately, while allowing the industry to run more efficiently.

Please contact me at (416) 391-5161 X224, if you have any questions concerning Canadian recordings and/or other electronic media services.