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midterm elections

Midterm Elections Are Upon Us: Are You Registered and Ready to Vote?

Midterm elections will take place across the country on Tuesday, November 6. Much is at stake in Washington, DC, for AFM professional musicians. Though many primaries have already taken place, more are still to come. As we review the legislative, judicial, and political issues that impact our jobs and our families’ lives, the question will always remain, who in Congress will step forward to look out for our interests? Through experience, we know who “on both sides of the aisle” has stood firm with us, leading us to understand how important it is to help keep these musical champions seated here in the nation’s capital. This is why your vote counts. Without our champions, should anti-union forces have their way, all that we have accomplished can be wiped out in an instant.

What Are the Issues? Why Should We Vote?

Over the years, AFM members fortunately have been able to celebrate some significant musical policy gains. It is equally as important to celebrate and thank our champions, as much as it is to identify those who do not see their way fit to support our movement. The following is a brief list of issues, some positive and negative results, as well as a list of our champions and those detractors who need to hear from us.

Legislative Issues

Music Modernization Act (HR 5447): This bill has three components 1) the Music Modernization Act creates a collective to distribute royalties to songwriters; 2) Compensating Legacy Artists for their Songs, Service, and Important Contributions to Society Act (CLASSICS Act) provides a performance right royalty to artist/creators whose music was performed prior to 1972; 3) The AMP Act, which will provide royalties to producers and engineers and other technicians who participate in the production of music sound recordings. This bill sailed through the House of Representatives on a voice vote without the need for floor debate or amendments. As this issue went to print, the Senate had just passed the bill. Result—A positive outcome for working musicians. Write to thank members: https://judiciary.house.gov/wp-content/uploads/2018/09/115th-House-Judiciary-Committee-Updated-9-10-18.pdf.

Support (Appropriations Funding) for the National Endowment for the Arts (NEA) (HR 6147): The NEA recently underwent threats from the White House about zeroing it out. Members of the House Appropriations Committee and the Senate Appropriations Committee have both reported increased funding levels ($155 million for the agency). At this writing, it is now in bicameral conference committee to iron out differences between the House and Senate bills. Though there may be a slight debate on the continued validity of this federal agency, it is believed that Congress will, in its usual infinite wisdom, approve agency funding. Result: Positive, members in bicameral conference. Write to thank members of the House and Senate Cultural Caucuses: https://www.americansforthearts.org/congress/house-and-senate-cultural-caucuses. (Site address courtesy of Americans for the Arts.)

The Supreme Court

Though the following are both judicial decisions, the appointment of judges to the Supreme Court of the US rests in the hands the US President. Even more so, once the president informs Congress of his or her nominee, it is up the US Senate to hold confirmation hearings to approve or reject the candidate. Hence, votes from ultra-conservative members of the US Senate often lead to the placement of conservative judges that might support an anti-worker agenda.

Rebecca Friedrichs, et al. v. California Teachers Association: At issue was whether Abood v. Detroit Board of Education should be overruled, and whether public-sector union “agency shop” arrangements should be invalidated under the First Amendment. Also, whether public employee rights are violated under the First Amendment, requiring that public employees affirmatively object to subsidizing what is referred to as nonchargeable speech by public sector unions under collective bargaining. The question remains, should public sector employees be required to consent affirmatively to subsidizing union political speech? The case centered on the California Teachers Association, which is an affiliate of the National Education Association. Result: Affirmed in a 4 to 4 split decision. A win for labor unions.

Janus v. American Federation of State, County, and Municipal Employees, Council 31: The Supreme Court determined that states and public-sector unions may no longer collect agency fees from nonconsenting employees. The Court set aside, overruled Abood v. Detroit Board of Education, determining that it was “poorly reasoned.” It ruled that “fair share fees” paid by nonunion members violate a worker’s First Amendment rights, and cannot continue unless the employee consents to pay.
Result: Vote: 5 to 4 in favor of the plaintiff. A loss for labor unions.

These major judicial decisions, positively or negatively, shape the future of the union movement and the earning potential of our members. In each case, it is elected officials who make final determinations about who is assigned to the courts and who the winners and losers will be.

Vote!

Now that you have the details of some of our active issues, it is vitally important that you let your legislators know your position. Never underestimate the power of your vote. Voting is both a civic responsibility and a privilege. When we disregard that privilege, we leave policy and leadership in the hands of those who may not see things our way.

Voter Registration

State registration requirements usually originate from the local or state election office. These offices can be found in a number of different locations including in city government, county government, and state voter election offices. Rules differ state to state, so be sure to contact these offices directly, especially if you require an absentee ballot or need to determine your polling place. Some states have ballot drop sites. This information is readily available at your local voting office. You may also be able to register to vote at state motor vehicle offices, Armed Forces recruitment stations, as well as at state and county public assistance offices.

USA.gov notes that citizens who are overseas and military voters (and eligible family members) living outside the US, can register to vote and/or request an absentee ballot through the Federal Voting Assistance Program. You can also register to vote in languages other than English with a National Mail Voter Registration Form, which you must print, complete, sign, and mail to the location listed for your state. The form is available in Bengali, Chinese, Hindi, Japanese, Khmer, Korean, Spanish, Tagalog, and Vietnamese. In addition, voter guides include information on registering to vote and are available in Cherokee, Chinese, Dakota, Japanese, Korean, Navajo, Spanish, Tagalog, Vietnamese, and Yupik.

Avoiding Questionable Information Sources

A lot has been said about false media sources/postings and advertisements that mislead voters. For many, the Internet is a valuable source of information. However, use only trusted news and government sources that you are familiar with to get your questions answered. When in doubt, contact a reliable source. Also, report any suspicious notifications, and at all times, verify any news item that you question with a reliable news organization. The best sources for voter information remain state, national, and local election sites. Don’t be misled by notices that change voting dates, site locations, or give exceptions to certain groups of people about when and where to vote.

If you have questions, please feel free to contact AFM Legislative-Political Director Alfonso Pollard by email at apollard@afm.org or telephone at 202-274-4756.

Minnesota Orchestra Tours South Africa

The Minnesota Orchestra became the first professional US orchestra to visit South Africa with its five-city tour of the country in August. The tour was connected to a worldwide celebration of the late South African leader and human rights advocate Nelson Mandela on the centenary of his birth.

The orchestra’s itinerary included performances in Cape Town, Durban, Pretoria, Soweto, and Johannesburg, with concerts taking place at colleges, city halls, and churches. Musical exchange was also a key component to the tour, with Minnesota Orchestra musicians playing side-by-side with South African artists and students.

Funded by generous contributions from an anonymous couple, the tour showcased music derived from the traditions of South Africa, America, and Europe, ranging from Beethoven’s Symphony No. 5 to a world premiere by South African composer Bongani Ndodana-Breen—a tribute to Mandela.

The township of Soweto, seen as the bedrock of South Africa’s freedom struggle, was the most anticipated tour stop. There, 1,300 people packed into a Catholic Church for a program including Sibelius, the premiere by Bongani Ndodana-Breen, and a series of traditional South African songs. The landmark performance concluded with the orchestra, the Minnesota Chorale, and South African vocal soloists and choristers performing the final movement of Beethoven’s Symphony No. 9 together.

Minnesota Orchestra musicians are represented by Local 30-73 (Minneapolis-St. Paul, MN).

Hilton Head Symphony Orchestra Ratifies New Contract

Musicians of the Hilton Head Symphony Orchestra (HHSO), members of Local 447-704 (Savannah, GA), have ratified a new contract following a tentative agreement that was reached at the end of May. The four-year term is effective until June 2022.

Over the four years, musicians will see a 10% increase in per-service wages. Other highlights of the CBA include improved hiring policy language and probation, discipline, and discharge language. The contract also establishes a new artistic advisory committee.

“The HHSO orchestra committee is satisfied that the main goals of the negotiations were accomplished,” says Peter Berquist, president of Local 447-704 and chair of the orchestra committee. “We owe a huge debt of gratitude to [SSD Negotiator] Chris Durham for his guidance throughout the process. The local and orchestra committee have made considerable efforts over the years to maintain a cordial relationship with HHSO management. Management is to be commended for achieving financial stability through increased donations and ticket sales.”

afm-fim conference

AFM-FIM Conference: Musicians Are Entitled to a Fair Share of the Streaming Pie

In recent years, the rise of streaming as the preferred model of digital distribution and consumption has radically transformed the media marketplace. Worldwide, digital revenues and audiences have accelerated toward both advertiser-supported and subscription-based consumption models, benefiting digital service providers, copyright owners and producers, and other stakeholders. If current trends hold, the number of paid music subscribers worldwide will rise from more than 149 million today to 200 million by the end of this year.

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Dallas Symphony Orchestra Ratifies Three-Year Contract

At the beginning of September, Dallas Symphony Orchestra (DSO) musicians ratified a three-year agreement retroactive to September 1, 2017 and running through August 31, 2020.

The agreement provides many work rule improvements and maintains a season length of 52 weeks. The greatest improvement to the contract is a new formula for calculating future health benefits. Association contributions will now be adjusted according to current health insurance increases.

Stewart Williams, President of Local 72-147 (Dallas/Fort Worth, TX) thinks this contract will provide a bright future to members of the orchestra. “The musicians of the Dallas Symphony Orchestra have consistently demonstrated themselves to be one of our country’s finest artistic ensembles,” he says. “This agreement represents work from all sides ensuring that Dallas’s great orchestra will continue to thrive and excel.”

Arbitration Victory for Houston Ballet Orchestra

The musicians of the Houston Ballet Orchestra, members of Local 65-699 (Houston, TX), recently prevailed in arbitration of a grievance filed against the Houston Ballet Foundation (HBF) when it misapplied the CBA’s force majeure clause in the wake of Hurricane Harvey. The victory carried with it a payday for musicians totaling nearly $150,000 for services guaranteed by the agreement.

When Hurricane Harvey flooded the Wortham Theater in August 2017, HBF chose to put on a season in different venues across Houston, taking all shows on a “Hometown Tour.” While many of the orchestra’s services were preserved, the musicians were offered only 91 services of their minimum 116-service guarantee. HBF claimed it was not obligated to hire the orchestra or pay the musicians for the minimum service guarantee due to the Wortham Theater being closed for the season.

The grievance was filed January 8, 2018 by Local 65-699 on behalf of the musicians, many of whom suffered other losses as a result of the hurricane. The grievance alleged that the force majeure clause was not theater specific and only covered cancelled rehearsals and performances. The season was rescheduled, not cancelled, and in the end, the Houston Ballet put on more than enough performances to satisfy the minimum service guarantee.

When the parties could not come to a resolution through the grievance process, it was submitted to arbitration before a neutral arbitrator who held a hearing May 4. On July 29, the arbitrator issued his decision, writing that “[the] Ballet, having admirably rescued its season, was obligated to satisfy the minimum service guarantee for 2017-2018. It did not. Accordingly … the grievance is sustained.” The arbitrator ordered payment to the musicians for 14 guaranteed services that were not offered or paid by the HBF.

The Orchestra Committee, led by chair Amanda Swain, worked closely with Local 65-699 President Lovie Smith-Wright and the local’s attorney, Pat Flynn. Through their collaboration they were able to present a solid case that led to this major union victory.

gemma new

Gemma New: Getting a World View from the Podium

gemma new
Gemma New, Local 293 (Hamilton, ON) member, is music director of the Hamilton Philharmonic Orchestra, resident conductor for the St. Louis Symphony Orchestra, and her guest conducting engagements have her circling the globe.

New Zealanders are known for their “big OEs” (overseas experiences), but Conductor Gemma New has taken that tradition to the extreme. Her positions as music director for Hamilton Philharmonic Orchestra in Ontario and resident conductor for the St. Louis Symphony Orchestra mean she almost always has a bag packed during the concert season. And then there are her many guest conducting engagements. She says she’ll find herself in at least two different cities just about every week this year.

In recent seasons, New has made conducting appearances with Royal Scottish National Orchestra, Helsingborgs Symfoniorkester (Sweden), Malmö Symfoniorkester (Sweden), and Filharmonia Szczecin (Poland), plus with the Albany, Atlanta, Berkeley, Long Beach, New Jersey, North Carolina, Omaha, San Diego, and Toledo symphonies in North America, as well as Aukland Philharmonia, Christchurch Symphony, and Opus Orchestra in New Zealand.

Even in the off-season she earns her miles. In Lausanne, Switzerland, in June, she conducted the Orchestre de Chambre de Lausanne. Then, she spent about two months as a conducting fellow at the Tanglewood Music Center. “I conducted in the weekly symphonic and ensemble programs and I was mentored by conductors such as Andris Nelsons and Herbert Blomstedt,” she says. She also fit in guest conducting with the Chautauqua Symphony Orchestra and the Grant Park Symphony, and back in St. Louis, she held auditions for the youth orchestra and conducted some summer pops programs.

gemma new

“As New Zealanders, it’s part of our culture to have an OE, especially just after graduating high school. We travel a lot as a nation,” she says. “When I guest conduct in Europe, the United States, or Canada, I often meet Kiwi musicians who I was in National Youth Orchestra with.”

New thrives on these engagements. “I love getting to know an orchestra and working on this beautiful music with them. To work with the orchestra is always a joy—it’s a great week!” she says.

Concertmasters are key in helping the process along, she explains. “They give me insight into the orchestra and help with communication. My job is to bring people together with a unified interpretation and to create an environment where everyone is comfortable. It’s always a musical conversation—listening to what the orchestra has to give. It’s a real pleasure to have that two-way conversation.”

New, who describes herself as highly prepared and a calm leader, says, “The first rehearsal I take quite a bit of my focus into listening to the orchestra and what they are giving; that helps me figure out a plan for the rest of the week. At rehearsal every second is accounted for. It’s a creative challenge.”

To connect with an orchestra, she tries to relay her authentic enthusiasm. “When you conduct you should be genuine about yourself and relaxed and enthusiastic about the task at hand. It’s all about a team working towards a project,” she says, adding that nervous energy plays no role. “If you are nervous and have fears, that takes part of your focus away from the group; that’s extra noise, that’s a negative.”

New’s career grew out of her childhood passion for orchestra and watching her conductors as a youth orchestra concertmaster. “I became absolutely fascinated with the orchestra and playing within this immense sound; being part of a team in achieving something that no one can do by themselves,” she says. “In my youth orchestra, we had three conductors and each of them was very different in how they led the orchestra. I became fascinated with how the orchestra reacted to their leadership and what made them uniquely different.”

She recalls first deciding she wanted a career in music at age 12 when she was part of a program combining two youth orchestras. “There were more than 200 of us on stage. I was so inspired. That’s when I realized that I wanted to be part of this for the rest of my life,” she says.

“Three years later, I got the chance to conduct for the first time and that’s when [my career path] fell into place for me,” she says. “I felt very comfortable and I had a deep curiosity for music as a whole—how it’s constructed, how we come together to bring a unified interpretation. I felt like I had these kernels of strengths that fit with what a conductor needs to do and I was excited to improve and hone in on those things. I was eager to get to know all this music and understand it on a holistic level and to physically join with the musicians’ sound.”

Among those conducting strengths, New says, “I think a conductor needs to be a great musician, a great communicator, and a great leader. And every musician needs to be creative, curious, and open-minded and always wanting to learn more.”

Over the next few years of high school she had opportunities to conduct various groups. “I asked people for advice and then I moved to Christchurch and went to university there,” she says. Eventually, she got the job conducting the youth orchestra and assistant conducting the Christchurch Symphony.

gemma new
Photo: Bankomedia

New graduated with a Bachelor of Music (Honors) in violin performance from the University of Canterbury. She also earned her master’s degree in orchestral conducting from the Peabody Institute in Baltimore. She was a Dudamel Conducting Fellow with the Los Angeles Philharmonic, among other fellowships.

When she took the position as music director for Hamilton Philharmonic she was happy to join Local 293 (Hamilton, ON). New says it is “very important” for musicians to join together in union for mutual support in the workplace.

Throughout her career, New has continued to work with various youth groups, including in L.A. She’s involved with Hamilton Philharmonic Youth Orchestra, Hamilton’s Young Musicians Boot Camps, and is music director of the St. Louis Symphony Youth Orchestra.

“I am passionate about young people playing together in orchestras and I love being a part of it every single time. When I work with young musicians I see their passion, enthusiasm, and dedication to performing music together. I love to see how they grow from the very first week until the last week of our year; it’s incredible progress and very inspiring,” she says.

“I think it’s very important for a young person to learn an instrument and to play with others. It brings certain skills that maybe, combined, cannot be learned with anything else. Music gives us work ethic, dedication, commitment, team-building, and leadership, as well as listening skills. It gives us a chance to express ourselves without using our voice—to be creative and emotional.”

New also enjoys mentoring young conductors. “When we have the opportunity, we do a conducting workshop with the orchestra so anyone who wants to conduct can get to know what it’s like to be on the podium,” she says. “Also, the other musicians find it interesting to learn how the conductor communicates with the orchestra.”

Instead of a challenge, New sees her responsibilities with Hamilton Philharmonic and St. Louis Symphony—which are 700 miles apart—as complementary positions. She says, “I love that I get to work with these two orchestras so regularly and I get to learn the inside story.”

“As music director of the Hamilton Philharmonic I am responsible for the artistic vision of the orchestra,” she explains. “I am part of the programming for the entire season. I conduct the majority of the programs and I create them in conjunction with the committee and guest conductors. I am part of the panel for auditions, as well as development and marketing. The Hamilton Philharmonic is such a superb orchestra. I love working with each and every one of the musicians, staff, and board.”

gemma new
Photo: Bankomedia

“For St. Louis, I will conduct two of their subscription programs this year, and I do movies, holiday programs, pops, education and family programs, and new music programs—a wide range of repertoire. It keeps me on my toes and creative and the orchestra is fantastic. They are so open about sharing their experience with me and so supportive of my growth as a conductor and musician.”

Just looking at next month’s agenda, she’ll have her New York Philharmonic debut in November. Then there’s a partnership with the St. Louis Symphony performing new works from composers studying at University of Missouri (Mizzou) School of Music and the film Nightmare Before Christmas. “We also have a partnership with St. Louis University for their anniversary and a youth orchestra concert. And that’s just for St. Louis Symphony,” she says.

“For Hamilton, we have one of our main stage concerts, “From Broadway to Tin Pan Alley,” with Doug LaBrecque, which I will be conducting. I will be guest conducting Jacksonville Symphony in “A French Fantasy”—a beautiful program of French music,” she says.

“The rest of the season is equally demanding,” says New. She has engagements with Toronto and Detroit symphonies, as well as Brandenburgisches Staatsorchester in Frankfurt, Germany, to name just a few.

“I look forward to all of those events and I really want to make sure that every single thing I do I love, and that I bring as much energy and enthusiasm as possible. I don’t want anything to be less exciting than the next,” she says. “Every piece that I’m currently working on is my favorite piece at the moment. I love every kind of music and I just want to find all the gems in the music to enjoy.”

Orchestre Symphonique de Montréal Signs Contract

At the end of August, musicians and management of the Orchestre Symphonique de Montréal (OSM) announced a five-year CBA that began September 1. This is the first time in more than 30 years that an OSM musicians’ contract has been negotiated and signed before the expiration of the previous one.

OSM musicians, members of Local 406 (Montreal, PQ), will see annual salaries increase 10% over the five years, along with greater pension benefits. The agreement allows flexibility that will facilitate cost control, while also protecting and improving the working conditions of musicians.

“This agreement is the result of a spirit of collaboration between OSM management, its musicians, and their union,” says Luc Fortin, president of Local 406. “In the current context, it is important to work together toward long-term and realistic solutions that will ensure the sustainability of the jobs of our members, while maintaining working conditions befitting of an orchestra of international reputation.”

Vancouver Symphony Orchestra Marks Its 100th Anniversary

This year, Vancouver Symphony Orchestra (VSO) celebrates its 100-year anniversary season. Four special concerts will be held during the season, including a live symphonic performance to La La Land in November. On January 26, 2019, the 100th anniversary of the VSO’s first concert, a free music day will be held with performances and activities from VSO, VSO School of Music, and Vancouver Youth Symphony Orchestra. Vancouver musicians are represented by Local 145 (Vancouver, BC).

Two-Year Rochester Philharmonic Orchestra Contract Amid Increased Stability

In mid-August, the musicians of the Rochester Philharmonic Orchestra (RPO) ratified a two-year contract that runs from September 1, 2018 to August 31, 2020. It was agreed that a two-year agreement would best serve the situation, as RPO is in the final stages of a five-year stabilization plan and is seeing an improving financial state.

Under the contract, the orchestra will remain at 82 musicians, represented by Local 66 (Rochester, NY), and season length increases from 37 to 38 weeks. Salaries will increase from $43,778.40 to $46,092.48 in the final year of the contract (2019-2020). Any increases in the premium costs of health care each year is covered up to 10% by the employer. Musicians are responsible for any increases greater than 10%. Health insurance is extended to part-time orchestra musicians with at least five years of service.

“Negotiations were conducted in an atmosphere of trust, goodwill, and openness on both sides,” says Stephen Laifer, RPO horn player, ICSOM representative, and a member of the orchestra committee.