Tag Archives: AFM

Health of Orchestra Musicians
Recent News

OCSM Looks at the Health of Orchestra Musicians

by Robert Fraser, President Organization of Canadian Symphony Musicians

When I began my studies many years ago, I had no idea of the physical hazards of musical performance. Overuse injuries, hearing loss, unsafe performance environments—these were all very new to me and there was relatively little research or remedy in this area. I had never even heard of the drug Inderal and was astonished when my first-year music history teacher mentioned in class how many musicians took it.

Fast-forward to 2018 and there is still much work to be done. While we continually work to improve our physical safety in the workplace, dangers to our personal well-being in the form of harassment still abound, and the demands of our profession can take a toll on our psychological health. In this column, I want to draw your attention to two significant surveys, both conducted in the UK but very relevant to our position in North America.

Early last month, a few news outlets reported on survey results released by the Incorporated Society of Musicians (www.ism.org), a UK-based organization. The survey is ongoing and can still be accessed through their website. I would invite readers to look at both the survey and the report on the initial period of responses from last November. The most telling statistic, and the one that was shared in all the press articles, is that almost 60% of the respondents reported some form of sexual harassment in their musical workplace, and of those 60%, a large majority of respondents who revealed their gender were female. (The survey gives respondents the option to not reveal gender or to choose  transgender; 71.71% identified as female and 10.53% chose not to identify gender.)

The report states that there were more than 250 voluntary respondents to the survey during this period. While this is not a large sample, it is telling nevertheless. It makes me wonder what the responses would be if such a survey was conducted through AFM player conference orchestras.

Another survey, done in 2016 by Help Musicians UK, was entitled Music Minds Matter (www.musicmindsmatter.org.uk) and it presents itself as being “the world’s largest known study of musicians’ mental health.” Of the 2,211 respondents, 71.1% believed they had experienced panic attacks and/or high levels of anxiety and 68.5% reported they had experienced depression—making musicians three times more likely to experience depression and anxiety than the public at-large.

Respondents to the survey listed a number of reasons for ill mental heath.

To quote directly from the summary report:

  • Poor working conditions including: difficulty sustaining a living, anti-social working hours, exhaustion, and the inability to plan their time/future
  • A lack of recognition for one’s work and the welding of music and identity into one’s own idea of selfhood
  • The physical impacts of a musical career, such as musculoskeletal disorders
  • Issues related to being a woman in the industry—from balancing work and family commitments, to sexist attitudes, and even sexual harassment

In October 2017, a follow-up to the Music Minds Matter survey (Phase 2) included in-depth interviews with 26 of the survey’s respondents. Again, quoting from the report, three suggested areas for change were:

  • Education
  • A code of best practice
  • A mental health support service for those working in music

At the last OCSM Conference in August, the delegates adopted a resolution to address all three of these areas. We resolved to “encourage orchestra managers to become familiar with The National Standard of Canada for Psychological Health and Safety in the Workplace. This document can be found at the website of the Mental Health Commission of Canada. It is a daunting document (more than 70 pages), but I encourage all our members to find and download it. Point it out to your locals, your orchestra committees, and your human resources personnel. This is one area where union-management collaboration and cooperation is a must. Having research and well-documented plans for implementation will help, but the road to good mental health and safety in the workplace will not be easy.

On behalf of the 1,200 members of OCSM, I wish you all a prosperous and healthy 2018, and to my colleagues in the symphony world, an exciting second half of your season.

Recent News

New Symphonic and Local Non-Symphonic Limited Pressing Agreements Now Available

The AFM International Executive Board recently approved new versions of the AFM Symphonic Limited Pressing Agreement and the Local Non-Symphonic Limited Pressing Agreement. For questions and information about the AFM Symphonic Limited Pressing Agreement please contact AFM Symphonic Electronic Media Director Debbie Newmark at (917) 229-0225 or by email dnewmark@afm.org and for information and questions about the Local Non-Symphonic Limited Pressing Agreement please contact AFM Electronic Media Services Division Director Pat Varriale at (917) 229-0234 or  by email pvarriale@afm.org.

Recent News

Introducing the New and Improved AFM Single Song Overdub Agreement

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

Calling all locals and recording musicians: the AFM Single Song Overdub recording scale can be a game changer for your local and its members!

This innovative concept is specifically designed for home recording, which—make no mistake—is happening all over the US and Canada. Affordable recording technology has permanently changed the world of making music, and in AFM locals of every size AFM members are recording in small studios, which are often located in their homes. Overdubs recorded and shared via the Internet have become commonplace, and this is the first AFM agreement to acknowledge this new business model. Sessions can easily fall through the cracks and not be covered by a union contract—especially in the world of indie recording. The Single Song Overdub  (SSO) contract is an easy-to-use, affordable, and convenient solution that is available to any AFM member.

What makes this contract unique is that the unit of commerce under this AFM agreement is the song—not the hour—and it is the only AFM recording agreement that allows the player to negotiate his or her own rate, with a $100 per song minimum. All pension and health & welfare (H&W) benefits are built inside the round number you negotiate; that’s another first.

For example, for each $100, there will be a $9.99 pension contribution, which is derived from the SRLA rate 12.81% of scale, payable by the musician. Members of locals with health plans will need to pass through the H&W amount to the local’s health plan. This computer friendly two-page employer agreement is a fillable pdf, which is completed by the player and sent to the employer, who only has to put an “X” beside the “I agree” box to execute the contract and enable the player to make their own pension contribution through their local. Most importantly, using this agreement ensures that, if a recording reaches 10,000 copies sold or is used in another medium, the player will be compensated accordingly and their intellectual property remains intact.

A scale worksheet included with the agreement lists the scale wages, pension, H&W, and Pay Pal fee for payment amounts of $100, $150, up to $500. Wages higher than $500 per song can easily be figured by addition or multiplication of smaller amounts. Up to 12 songs for one project in a six-month period are permissible under one agreement.

Multiple musicians can work under one agreement, if all musicians appear on all songs and everyone works at the same rate. The one exception is that the first musician to work under a signed SSO Agreement may charge a higher rate as the designated session leader for any upgrades or additional payments.

This scale can be combined with your local’s Limited Pressing Agreement, and the upgrade parameters are the same. When you have executed the agreement, done the work, sent the file, and received payment, you then file the contract with your local, along with your pension contribution. It will be submitted to the AFM Employer’s Pension Fund by the local.

The Single Song Overdub Agreement can be found at afm.org (in the “Document Library,” “Single Song Overdub” folder) and at nashvillemusicians.org (go to “Recording,” then “Scales, Forms & Agreements”). I recently made a short instructional video that explains how to use this agreement. It can be found on YouTube on the Nashville Musicians Association channel at https://
youtu.be/7rYpYGldGxc.

I hope that all of you who are recording for yourself and others will consider using this agreement to document your work and build your pension. As previously stated, this can be a game changer, but only if you use it! Otherwise, you risk losing all your intellectual property rights for the recording work you do. Once you’ve done it a time or two, it becomes easy to use. It can really make a difference for you, your local, and the AFM. Respect yourself and protect yourself!

Pension Fund
Recent News

Pension Fund Information Update

As an officer of the Federation who is also a trustee of our Pension Fund, I am devoting this column to the Pension Fund. Like all of you, I am concerned about the safety of my pension and, like you, I am worried about the Pension Fund’s future. But I assure you that every member of the Board of Trustees is doing our best to protect and preserve the Pension Fund into the future. Please know that the opinion I express here is solely my own and I do not speak on behalf of the other trustees or the fund.

When I became a trustee in August 2010, the fund was beginning its efforts to rebalance its finances and repair the damage done by the 2007-2009 recession. On March 31, 2009, we had an $800 million gap between the pension benefits already earned by members—that is, our liabilities—and the market value of our assets. Over the next five years, the market value of the assets increased by $500 million to $1.8 billion, but our liabilities also increased, by $300 million to $2.4 billion, narrowing the gap between our assets and liabilities by only $200 million (from $800 million to $600 million). That is the single biggest issue facing the Pension Fund.

In 2014, our actuaries provided an Asset-Liability Modeling Study that showed that over a 20-year period, our liabilities were projected to increase dramatically, such that even if we achieved our 7.5% investment return assumption, our funded percentage would be below 50% by 2034 and there would be a serious risk of future insolvency. On the other hand, the study showed that an investment allocation with a higher investment return target would reduce the probability of future insolvency. After lengthy discussion, the trustees increased the allocation of investments to some with the potential for higher returns, recognizing that an investment mix with a higher return potential (albeit with accompanying higher volatility) reduced the probability of insolvency. One of the investments we hoped would give us part of the additional return did not achieve its expected results (although today it is one of the highest performing asset classes in the portfolio). This widened the gap.

So, we have a very serious imbalance in our finances. While there are other contributing factors that exacerbate our situation—the loss in union membership (and corresponding contributions) that mirrors the decline in our participant base; the aging of our population (common among all mature pension funds) reflected in the increase in pensioners and their longer lifespans; and the growing amount of work not done under union contract—the increasing size of this gap between assets and liabilities is the most critical problem we have to solve. Resolving it is essential to our survival.

As an International Executive Officer I participate fully in the AFM’s legislative and political activities. Matters concerning federal legislation are overseen by AFM President Ray Hair and his legislative aide, Alfonso Pollard. I have worked with them consistently regarding the pension bills that have already been submitted, including the Butch Lewis Act introduced by Sherrod Brown and endorsed by the Federation.  The Pension Fund’s actuaries are currently reviewing that bill to confirm that it would help the fund. If so, I will urge my fellow trustees to fully support the bill, and I have every reason to believe that they will enthusiastically do so.

In the meantime, absent new legislation, the only way to address the imbalance between our assets and liabilities is to reduce the liabilities in a manner consistent with current law: the Multiemployer Pension Reform Act (MPRA). If the fund enters “critical and declining” status, the MPRA allows the trustees to apply to the Treasury Department for approval of an equitable plan of benefit reductions. Should such reductions become both necessary and legally allowable, that plan would be designed consistent with the strict requirements of the law to reduce benefits of those under 80 and those not disabled, but in no case below 110% of the PBGC guarantees. If a participant’s benefit is already below the PBGC guarantee, that benefit cannot be reduced further. 

Since it is unlikely at the moment that investment returns alone will resolve these funding issues, the other trustees and I must consider MPRA restructuring in order to preserve the Pension Fund, reducing benefits for some in order to maintain the viability of the fund for all. While once the fund could afford to pay the high benefits it promised to some of us, it can no longer afford to do that, and recognizing and addressing that fact appears at the moment to be the only option to preserve the fund and as much of our benefits as possible. Since benefit restructuring under the MPRA cannot reduce benefits below the PBGC guarantees, it is clearly preferable to relying on those PBGC guarantees, particularly in light of the PBGC’s own impending insolvency in 2025.

I urge all members to register on the Pension Fund’s website and carefully review the information we post there. We are committed to keeping you informed.

Detroit
Recent News

Detroit and Diversity—Working Toward Balanced Membership Involvement

by Susan Barna Ayoub Secretary-Treasurer Local 5 (Detroit, MI) and AFM Diversity Committee Member

It must qualify as some sort of pun that this article outlines the general state of inclusion and diversity today as a “mixed bag.”

Historically, Detroit musicians never had segregated white and black locals—a practice that was fairly common in large US cities until the 1960s when these locals merged. Often the members of the former black locals lost their treasuries and identity for the lack of a political champion and simply left the union. Local 5 (Detroit, MI) was fortunate to have no structural segregation; from the outset, we attempted to be musicians first, without other qualifiers.

It is worth noting that Detroit was one of the last “stops” on the Underground Railroad, allowing slaves to escape to Canada. Tours are regularly held at Detroit’s Second Baptist Church and First Congregational Church. Today, a number of Local 5 members point to these congregations with pride, calling them home.

In the October 2017 International Musician, both AFM Symphonic Services Director Rochelle Skolnick and ROPA Secretary Karen Sandene reported on the support shown by the International Conference of Symphony and Opera Musicians (ICSOM) and the Regional Orchestra Players Association (ROPA) in furthering the cause of diversity and inclusion. The Detroit Symphony Orchestra (DSO) has an African-American fellowship position for musicians who might otherwise find opportunities scarce.

Former fellow Joshua Jones says, “The program was what I needed to further my education in the field of orchestral performance. While school helps you grow as a student, the transition one must go through to become a professional is not really facilitated unless you are working in the field. Being a part of the DSO for that period of time was very influential in my personal transition from student to professional, and the people involved guided me through it every step of the way.”

Today, Local 5’s progress is undeniable. In addition to the full-time officers, the board comprises a globe-trotting former member of Mahavishnu Orchestra, also recognized as a Motown musician; a former member of DSO; a freelance drummer and teacher; a former music director for Anita Baker, Martha Reeves, and Etta James; theater musicians; a former member of Stan Kenton’s band; and a freelance oboist who works in cyber security for one of the Detroit “Big Three” automakers. It is fantastic to have that range of experience in our leadership. The other good news is that two women were recently elected—a first for us.

Looking ahead, we hope to achieve greater balanced involvement, especially from the young members and from sectors in our union’s cultural base that have rarely led our local. Indeed, at least 150 different languages are spoken in Detroit area homes—many of which are represented in our membership.

I’ve given you some of the “good stuff,” but let’s be clear: It has been 50 years since the passage of the Fair Housing Act of 1968. There is palpable progress in the revitalization of Detroit’s metropolitan area that has brought about the beginning of a true expansion of neighborhood integration into the central city and suburbs. Still, the historical reality of this local musicians’ union is that it exists in an area that was torn apart by riots. It continues to have the reputation of being the most racially polarized metropolitan area in the US today.

At the beginning of 2018, we are sorely in need of an expanded appreciation for all of us. The fight for LGBT rights has scored substantial victories in the past 20 years; however, there is no federal antidiscrimination law, leaving some people without protection. Racism has reared its ugly head in a more open way than I can remember since my teen years in the 1960s. The 21st century chapter of the feminist movement is quickly gaining momentum. Hitting close to home for me: since 9/11, Americans of Middle Eastern descent (such as my husband, also a Local 5 member) have had to learn what it means to be FWL (flying while Lebanese), an expansion of the unfortunate but true DWB (driving while black) acronym.

Simply put: as a country, we are in danger of normalizing disrespect and suspicion of “the other” (political and otherwise), shrinking from the concept of nonviolent protest, and losing our free press. If we do not want to lose our rights and our ethics, we need to stand together as union brothers and sisters. We must protect the principles of humanity that we have all fought to obtain. It is the most powerful way to build trust. We cannot work together if we don’t value one another’s welfare.

It is my honor, as Detroit’s Secretary-Treasurer, to work on behalf of the entire membership of the AFM on its Diversity Committee.

Recent News

Multi-Card Member Rebates

Effective January 1, 2018, members who belonged to three or more AFM Locals throughout 2017 can petition the AFM Secretary-Treasurer for a “rebate equal to the per capita dues received by the Federation” for that member’s membership in each AFM Local in excess of two. (Members pay their Federation per capita dues as a portion of their local annual dues. The local forwards the member’s per capita dues to the Federation. Only the Federation’s portion of the annual dues will be rebated).

According to Article 9, Section 16, of the AFM Bylaws, the rebate is only available to members who held simultaneous memberships in three or more locals for the full calendar year. No rebates are available to members who held membership in fewer than three locals. The rebate will only be given for membership in the third local (and each additional local above three, if any). Members will not be given rebates for dual membership.

Under the rebate program, membership in a base of two locals must be established in order for a member to qualify for a rebate. The AFM Secretary-Treasurer’s Office has determined that a musician’s membership in his or her “home local” and the subsequent local of longest tenure shall be designated as the two base locals. The Secretary-Treasurer’s Office will then rebate the appropriate per capita dues for membership in the third local and any other local(s) beyond three to which a member belonged for the entire 2017 calendar year. The amount rebated will be determined by the amount of per capita dues the member paid for AFM membership in a third local and any other locals beyond three.

To petition for a Multi-Card Member Rebate, members should fill out the form below and return it to the AFM Secretary-Treasurer’s Office together with copies of all their paid-up 2017 membership cards, receipts of cancelled checks for annual dues from all locals, OR a letter from each local stating that the petitioner was a member in good standing of the local for all of 2017.

No rebates will be issued until the AFM Secretary-Treasurer’s Office verifies that petitioning members held continuous membership in three or more locals for the full prior year of 2017.

No rebates will be issued until after March 1, 2018.

Petition for 2017 Multi-Card Rebate

Regular Members – $66; Life Members – $50; Inactive Life Members – $44

Article 5, Section 47(a) & 47(b) of AFM Bylaws

Under the terms of Article 9, Section 16, of AFM Bylaws, I am hereby requesting a rebate of 2017 per capita dues paid to the Federation.

Name:________________________________________________________

                                              (First)                               (Last)        

                  

Social Security or Social Insurance Number:
_____________________________________________________________

I belonged to the following locals for the entire 2017 calendar year:

Local:_________________________   Local:_________________________

                                                   (Number)                                                                                      (Number)

Local:_________________________   Local:_________________________

                                                   (Number)                                                                                      (Number)

Local:_________________________   Local:_________________________

                                                   (Number)                                                                                      (Number)

Please include with this petition copies of all paid-up 2017 membership cards, receipts of cancelled checks for annual dues from all locals, or a letter from each local stating that you were a member in good standing of the local for all of 2017.  Allow six to eight weeks to process your rebate.

Return to: American Federation of Musicians; Secretary-Treasurer’s Office; Multi-Card Rebate Program; 1501 Broadway, Suite 600; New York, NY 10036   Attention: Diane DePiro

Recent News

AFM EMPLOYMENT OPPORTUNITY

AFM National Lead Organizer

American Federation of Musicians of the United States & Canada (AFM), AFL-CIO

Location: New York City, with the ability to travel within the US and Canada.

Purpose: In collaboration with the Director of Organizing and Education, the Lead Organizer will research, plan, and implement internal and external organizing campaigns in various sectors of professional music at the national and local level. The Lead Organizer will assist with the planning and execution of all union organizing education initiatives.

Primary responsibilities

  • Design and direct external organizing efforts, with an emphasis on grass-roots,
    community-based, leverage campaigns
  • Plan and lead internal organizing campaigns, including contract campaigns, rank-and-file leadership development, member education, strike support, etc.
  • Identify and develop leaders, organizing committees, volunteer member teams, and rank-and-file activists
  • Work with national and local leadership and staff in conjunction with all research and communications, as well as political and legal aspects of campaigns
  • Cultivate relationships with community, labor, and political leaders, as well as organizations

Primary qualifications

  • Bachelor’s degree, and at least 3-5 years of experience in leading union organizing
    campaigns, and/or community organizing campaigns, including the design and development of campaign work plans
  • Knowledge of basic principles and practices of union organizing and a thorough knowledge of labor laws
  • Experience with strategic campaign planning and execution
  • Knowledge of labor education program planning and development; ability to conduct training sessions
  • Ability to travel
  • Ability to work independently while coordinating efforts with national and local staff and leaders
  • Experience with, and knowledge of, collective bargaining and organizational management
  • Excellent interpersonal skills and the ability to work collaboratively with people from diverse backgrounds and cultures
  • Excellent verbal and written skills
  • Ability to work under pressure and prioritize tasks
  • Commitment to workers’ rights and social justice
  • Familiarity with the music and/or the entertainment industry is a plus, but not required
  • Basic computer skills and a knowledge of Microsoft Word, Excel, PowerPoint, etc.

The AFM is an Equal Opportunity Employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

Salary is commensurate with experience. Competitive benefits package.

Send cover letter and resume no later than February 15, 2018 to: Cynthia Pellegrino, Director of Human Resources: cpellegrino@afm.org or fax:  212-214-0807

The AFM represents more than 80,000 musicians in 200 locals in the United States, Canada, and Puerto Rico and forms part of the heart and soul of the labor movement. The AFM has national offices in New York City, Los Angeles, Washington, D.C., and Toronto.

Officer Columns, Secretary-Treasurer

AFL-CIO Convention Passes Timely Resolutions

Once every four years, elected delegates to the AFL-CIO Convention gather to elect the AFL-CIO Officers and Executive Council. Our AFM delegation consisted of AFM President Ray Hair, Local 65-699 (Houston, TX) President Lovie Smith-Wright, and myself. Unfortunately, due to a death in her family, Lovie was unable to attend.

AFM members from Local 2-197 (St. Louis, MO) entertained the delegates as they filed into the hall to take their seats before AFL-CIO President Richard Trumka banged his gavel bringing the convention to order. Members of the St. Louis local also played for various receptions throughout the convention.

Continue reading →

Ray Hair
Officer Columns, President's Message

Media Talks Driven by Streaming Growth, Part 2

This is the second of two articles on the continued rise of streaming and its effect on Federation media industry negotiations. Read the first here. 

Last month, we discussed the Federation’s January 2017 deal with the sound recording industry, where major record labels agreed to earmark a percentage of domestic and foreign streaming revenue toward the American Federation of Musicians & Employers’ Pension Fund (AFM-EPF), Music Performance Trust Fund (MPTF), and the Sound Recording Special Payments Fund (SPF). We also discussed the skyrocketing growth of streaming revenue from recorded music, which now accounts for 62% of total record industry income.

Continue reading →

International Musician, Recent News

Cabaret Law Abolished After 91 Years

At the end of November, New York Mayor Bill de Blasio signed legislation that will repeal the 91-year-old “cabaret” law that nightclub owners, performers, and the AFM have tried to eliminate since its inception.

The antiquated law prohibited dancing in bars and restaurants that did not possess a cabaret license and were originally created to curb speakeasies during Prohibition.

The law had long faced challenges and complaints about its uneven and discriminatory enforcement. All aspects of the law were repealed except for two safety requirements. Establishments must install and maintain security cameras, and if they employ security guards, they must be licensed.

“We want to be a city where people can work hard, and enjoy the city’s nightlife without arcane bans on dancing,” says de Blasio.