Tag Archives: AFM

AFM Sues Paramount for Offshoring Jobs

This week the AFM filed suit against Paramount Pictures, Inc. for recording the score to the film Same Kind of Different As Me in Slovakia. The complaint claims the film studio breached its collective bargaining agreement with musicians that required Paramount films produced in the US or Canada to be scored in the US or Canada.

“Only weeks after we filed suit against Paramount for offshoring jobs in other films, they did it again. This total disrespect for musicians is shameful. It is nothing more than corporate greed,” says AFM President Ray Hair. In May the Federation sued six studios, including Paramount, for offshoring jobs for other films. The AFM is seeking breach of contract damages, including wages and benefits that should have been paid to musicians.

Same Kind of Different As Me, directed by Michael Carney and starring Renée Zellweger, Greg Kinnear, and Jon Voight, was filmed in Mississippi, but scored in Bratislava, Sovakia, last month. It is scheduled for release in April 2016. According to Hair, such offshoring of scores allows film producers to drive profits up at the expense of North American musicians.

You can read the full complaint at: www.afm.org/uploads/file/public_pdf/SKODAM_Complaint-Court-Stamped.pdf.

 

Assistance for Union Plus Storm Victims

Union members who participate in Union Plus programs (credit cards, insurance, mortgages, etc.) and live in areas impacted by the recent severe storms and widespread flooding in Texas and Oklahoma, may be eligible for financial assistance. Disaster Relief Grants of $500 are available to help participants who live in Harris, Hays, and Van Zandt counties in Texas, and Cleveland, Grady, and Oklahoma counties in Oklahoma and are facing financial hardship due to this devastating natural disaster. The money does not have to be repaid.

To qualify for a Union Plus Disaster Relief Grant, a union member must:

  • Have been a victim of the severe weather in counties designated by FEMA as qualifying for individual assistance.
  • Have experienced a significant loss of income or property within the last six months due to the disaster.
  • Have had a Union Plus Credit Card, Union Plus Insurance policy, or Union Plus Mortgage for at least 12 months with the account or policy in good standing (be up-to-date on payments).
  • Describe his or her circumstances and document the income or property loss.

To apply for a disaster relief grant, Union Plus participants can call: 1-800-622-2580 (Union Plus Credit Card) or 1-800-472-2005 (Union Plus mortgage or insurance: 1-800-472-2005).

Union Plus Mortgage and Credit Card holders may also be eligible to receive payment extensions or other special help.

Hanging Out with Larry Gatlin and the Gatlin Brothers

There’s a little theater/showroom off the beaten path in Weirsdale, Florida, called the Orange Blossom Opry. It’s a small venue that hires a lot of union musicians, including many classic country artists who have had strings of hits throughout the years. Just recently Larry Gatlin and the Gatlin Brothers, members of Local 257 (Nashville, TN) were on the bill. Theater manager Suzanne Morgan arranged for me to get together with Larry before the Saturday matinee show.

Larry and his brothers, Steve and Rudy, have had a string of hits over the years, including “All the Gold in California,” “Houston (Means I’m One Day Closer to You),” “Broken Lady,” and many others. More than 50 years ago, the Gatlins started singing in their small hometown of Abilene, Texas, and they went on to have successful country music careers. Over the course of four-decades, the Gatlin Brothers have gone from dirty, dusty Texas stages to White House performances, from Broadway to the Grammy Awards and to the top of the country charts. When I asked Larry some questions about his career, I got some interesting answers.

I asked about some of their worst gigs. He says that playing the Jamboree in the Hills in Staunton, Virginia, when the temperature reached 148 degrees, was no picnic. A gig at the Atlanta Federal Penitentiary (as a performer, not an inmate) scared the hell out of him. As a young lad, he played a tent revival in Fort Worth, and was told he could have whatever was collected in an offering. The “love offering” amounted to $3.

The Gatlins were raised on gospel music, and began entertaining audiences in churches. They had guest appearances on radio and TV shows, when they were two, four, and six years old. Larry says their history as “gospel music junkies” came from those early roots.

A backstage chat with the Gatlin Brothers: (L to R) Rudy, Bob Popyk, Larry, and Steve, members of Local 257 (Nashville, TN).

A backstage chat with the Gatlin Brothers: (L to R) Rudy, Bob Popyk, Larry, and Steve, members of Local 257 (Nashville, TN).

“My folks took us to those old-fashioned Southern style quartet concerts, and it was love at first sound! My first hero was James Blackwood of the Blackwood Brothers Quartet. I just knew somehow, from that moment, that I wanted to be a singer for the rest of my life,” he says. The early ’70s found Steve and Rudy in college, while Larry moved to Nashville to write songs that were recorded by artists like Johnny Cash, Kris Kristofferson of Local 257, Barbra Streisand, Tom Jones, and Elvis Presley.

Larry and his brothers have played for five of the last seven presidents. Larry has stayed overnight at the White House in the Lincoln Bedroom. He recalls that he and his wife retired early there one night. They were in bed, with their clothes off, when George Bush came knocking at the door, wanting to show them some artifacts in the historic room. (Larry said that it wasn’t an opportune time, but he let the President in anyway.)

Gatlin is proud to be an AFM member. He says “at this stage of his life” he gets a check every month. Being a union member, he “knows he doesn’t have to play with crappy musicians.”

In Nashville, he became friends with former Local 257 President Harold Bradley. As Larry puts it, Bradley is “a true Southern gentleman, a consummate musician, and a great guitar player, who can read charts like crazy.” He credits Bradley for helping him turn his life around when things weren’t going quite so well. To this day, Larry says he has the utmost appreciation and deepest respect for Harold.

At this stage in their careers, the Gatlin’s have the best of both worlds, families and fans, and plenty of work both as individuals and together. You can tell they love to sing together. I think there’s no harmony quite as pure as family harmony.

I enjoyed meeting Larry, and his brothers. I stayed for the Gatlin Brothers show. Their music certainly screams of love and a lot of living. It’s Americana at its best and their fans love it. They represent the true spirit of the AFM.

Goals and Intentions

Success consists of having a good relationship with all the people that have traveled through life with us, especially those who have touched our inner soul and spirit. Thus, we must give the best of ourselves touching their souls and spirits. One of the main goals in our lives should be that we must live the best way we can, to love, forgive, and offer the best of who we are as the greatest musicians in the world. Most of the successful professional union musicians I have had the pleasure to share my musical journey with these many years were motivated with a goal to achieve. Remember, every person can always step into a life of greatness. Just be prepared to face challenges head-on; they will always lead you to a better place!

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SUPPORT THE FAIR PLAY FAIR PAY ACT

fair-play-fair-payOn April 13, AFM President Ray Hair; AFM International Executive Board member (IEB) and Local 257 President (Nashville, TN) David Pomeroy; IEB and Local 802 (New York City) President Tino Gagliardi; the musicFIRST Coalition; record labels; and other members of the music community to support the Fair Play Fair Pay Act of 2015, introduced by representatives Jerrold Nadler (D-NY) and Marsh Blackburn (R-TN). This monumental legislation would finally ensure that musicians are compensated fairly when their music is played on any radio platform—Internet, satellite, or traditional AM/FM.

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AFM Obtains Equitable Settlement for SPCO Musicians

by Jay Blumenthal, AFM Director Symphonic Services Division

Union members must have the ability to speak freely in union meetings without the fear of reprisals. Since a management presence could have a “chilling effect” on open and frank discussions and the employees’ engagement in union activities, managerial supervisors are excluded from our union meetings. This is a principle well-settled in federal labor law. Recently, a challenge to this tenet arose from the Saint Paul Chamber Orchestra Society (Society).

A musician in the Saint Paul Chamber Orchestra (SPCO) who also serves as senior director of artistic planning expected that he would have unfettered access to orchestra/union meetings. As senior director of artistic planning the musician makes artistic decisions that affect the employment of other musicians in the orchestra and is therefore a supervisory employee. Because of this, some musicians and the union believed his attendance at orchestra/union meetings would naturally inhibit the other members’ union activity and speech. Although some musicians were unconcerned about his attendance at meetings, it was important for the union to take steps to protect the rights of all members to freely participate in union activities.

Consequently, an unfair labor practice charge (ULP) was filed by the AFM against the Society. Region 18 of the National Labor Relations Board found merit in the charge and issued a complaint. Just days prior to a scheduled hearing before an administrative law judge, the Society and the AFM reached a settlement agreement. Pursuant to the agreement’s terms, the Society’s senior director of artistic planning is generally prohibited from attending orchestra/union meetings of the SPCO musicians. The union has the discretion—but no obligation—to allow this dual-status employee to attend portions of meetings during which no collective bargaining, contract administration, or similar sensitive issues will be discussed. The AFM is pleased with this resolution that protects the SPCO musicians’ right to engage in union activities without fear of adverse consequences to their employment.

American Symphony Orchestra to Cut Concerts

The American Symphony Orchestra (ASO) in New York City, known for its thematic programming and performances of rarely heard works, plans to reduce its concert offerings next season in an effort to save money. ASO will end its Classics Declassified series at Symphony Space and will perform four, rather than its usual six, concerts on its main series at Carnegie Hall.

The organization had launched emergency fundraising campaigns, but was unable to compensate for a decline in individual donations. ASO hopes to restore the cut concerts in future seasons.

Preparing for the 2016 AFM Convention: Make Sure You Are Represented

joe-parente speaking about 2016 AFM Conventionby Joe Parente, AFM International Executive Board Member and President of Local 77 (Philadelphia, PA)

The 2016 AFM Convention is less than a year and a half away. That may seem a long way off, but in reality, it will be upon us sooner than we think. Now is the time locals should begin preparing and making plans to attend the convention.

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AFM Updates “ Road Gig ” Assistance Policy

When musicians travel to perform they face a host of challenges—from transporting and setting up gear in a new space, to finding a great late-night eating spot, to getting their instruments across a border or in the cabin of an airplane. The last thing any traveling group wants to worry about is getting “stiffed” on a gig.

If that ever does happen, though, the AFM offers help through “Road Gig,” an AFM policy to assist traveling musicians in the event of contract defaults. But what exactly is Road Gig?

First, let’s talk about what it isn’t. Road Gig isn’t roadside assistance, help at the border with a missing visa or passport, nor help in the event of stolen instruments or equipment (instrument insurance is offered through Mercer in the US and HUB/Intact in Canada). It is assistance with contract enforcement, in cases where a venue or purchaser defaults on payment.

Qualifications

The AFM will assist with collecting on defaulted contracts, when the following criteria are in place:

  • The claim is for a traveling engagement.
  • The engagement is covered by a written AFM contract (for US engagements only, other written contracts may also be accepted).
  • The contract must have been filed with the appropriate union local, and must meet minimum scale.
  • Each instrumentalist and member vocalist who performed/would have performed, must be a member in good standing at the time the engagement was scheduled/performed.

The policy does not apply in cases where the venue/establishment is covered by an existing AFM Collective Bargaining Agreement, or in cases where musicians are acting as a backup unit for a traveling “name” artist/act.

Making a Claim

Claims can be made by calling 1-800-ROADGIG in the US, or 1-800-INFOFED in Canada. Claims can also be made via e-mail, to roadgig@afm.org. Any calls or e-mails received after normal business hours will be responded to on the next business day. Claimants should include a copy of the defaulted engagement contract, and all other pertinent information, such as venue and purchaser details, in their claims. Upon reviewing all this, the AFM will determine the appropriate course of action, and do everything it can to effect an equitable resolution to the claim.

Enforcement and Collections

When claims are made, the AFM’s Touring, Theatre, Booking and Immigration Division will determine how best to pursue the claim. This usually begins with an official letter to the purchaser/venue to demand payment. If there is no immediate resolution, the AFM will seek authorization from claimants to pursue a legal collection process. At a minimum, the AFM may elect to pay musicians the Traveling Scale, at $150 for leader and $100 for side musician, for the defaulted gig.

When it comes to road gigs, the AFM isn’t going to rush in and change a flat tire or keep a restaurant open past midnight. But we can help our AFM traveling members from being left out in the cold, when it comes to their gig contracts

Could the Working America Concept Work for Musicians?

One of the fastest growing organizations in the country is Working America (www.workingamerica.org). It mobilizes working people 365 days a year, contacting them at home to talk about jobs, health care, politics, and items that working families confront daily. The AFL-CIO initiated Working America to target nonunion working people. These are people who do not have the benefit of collective agreements.

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