Tag Archives: contract

International Musician, Orchestra News

Orpheus Chamber Orchestra Ratifies New Agreement

In November, the Orpheus Chamber Orchestra announced that it has ratified a new CBA with its musicians, effective through 2020. The contract includes a wage increase of 2.5% per year for New York City rates, as well as restructured rates in other markets. The contract introduces a new chamber music scale, reflecting the orchestra’s increased presence throughout the tri-state area, and a community engagement scale, reflecting a commitment to broaden its reach in the local New York City community.

The new agreement provides more flexibility in touring rules, allowing Orpheus to adjust to complex travel schedules. A new Artistic Oversight Committee will continually evaluate the orchestra’s structure and artistic quality. Finally, the contract allows Orpheus to augment its roster by hiring musicians into a new “associate membership” tier.

The orchestra was recently awarded an increased grant of $175,000 from The Howard Gilman Foundation to support its 2017-2018 New York City performance activity. Orpheus Chamber Ensemble, whose musicians are members of Local 802 (New York City), is unique in its structure and governance, performing without a conductor and rotating musical leadership roles for each work.

International Musician, Recent News

Metro Workers Bring Safety Concerns to Metro

Following a string of attacks on bus drivers and other safety disputes, members of Amalgamated Transit Union (ATU) Local 689 brought its concerns to the Washington Metropolitan Area Transit Authority (WMATA) board meeting. Representing 9,200 frontline workers, Local 689 has said that employees will stop working if they encounter what the union believes are unsafe working conditions.

“Metro uses any excuse they can to take you away from the narrative that we are working in unsafe conditions,” says ATU Local 689 President Jackie Jeter. “If I am a worker and I encounter an unsafe situation, I should have the right to take myself out of that situation until safety is procured.”

Local 689 and Metro management negotiation reached an impasse this summer—more than a year after the previous four-year deal expired. It will now be up to an arbitrator to settle the dispute over wages and benefits.

International Musician, Orchestra News

DC Opera Musicians Ratify Contract

Musicians of the Washington National Opera (WNO) and Kennedy Center Opera House orchestras, members of Local 161-710 (Washington, DC), have ratified one-year contracts with the two organizations. The agreements will run through August 31, 2018. Initially working toward longer-term contracts, it became clear that one-year agreements would yield more progressive outcomes.

WNO initially proposed a three-year agreement with a 10% reduction in work and no wage increases, while the Kennedy Center initially offered a three-year agreement with a work reduction of one week (14%) in the second and third years. Musicians’ salaries under the combined contracts will be just above $70,000 for the 2017-2018 season—a small increase. The orchestras’ librarians are now covered as bargaining unit members under the two CBAs. The Kennedy Center Opera House season is seven weeks long, while the WNO contract totals 342 hours, within a 21-week period.

“We hope that the additional year will give the opera some breathing room, so that the opera season cuts we conceded in previous agreements will turn out to be only temporary,” says Orchestra Committee Chair Peter de Boor of Local 161-710.

Orchestra News

San Antonio Musicians Agree to Contract Extension

With their previous contract expiring August 31, the Musicians’ Society of San Antonio, Local 23, agreed to a four-month contract extension, while negotiations continue for a successor agreement. This allowed the orchestra’s 2017-2018 season to begin on schedule in September.

The terms of the previous contract remain in effect, including a weekly base salary of $1,120 and a 30-week season. Last season, musicians took a three-week furlough to help alleviate the organization’s financial difficulty. The contract covers the orchestra’s 72 musicians, members of Local 23 (San Antonio, TX).

“We are pleased all parties have been steadfast in ensuring the quality of the orchestra, including a provision in the extension agreement that gains made in upcoming negotiations will be made retroactive to the beginning of the season,” says Brian Petkovich, a symphony bassoonist and secretary-treasurer of Local 23.

As of September 1, the San Antonio Symphony is operated by a new nonprofit formed this summer, called Symphonic Music for San Antonio. The new organization is made up of representatives from the symphony’s three largest donors in recent years. Once an asset sale is complete, the musicians’ contract will shift from the San Antonio Symphony Society to Symphonic Music for San Antonio.

Recent News

Motion Picture Soundtrack Options Explored

by Matt Allen, AFM Electronic Media Services Division Contract Administrator

I am often contacted by contractors or composers who are working with independent producers to make film projects go AFM. In addition to discussing the various low budget scale options available to fit a film producer’s budgetary needs, I am regularly asked about the musician costs associated with the release of a soundtrack recording in connection with the motion picture. The release of a motion picture soundtrack is important to both the producer and the composer, so it is worth mentioning the different AFM options available.

Options for Motion Picture Soundtrack Releases

A producer may elect to pay 100% of the applicable Sound Recording Labor Agreement (SRLA) scale plus pension to those musicians who rendered services on the original soundtrack at the time of the release of a soundtrack recording. However, this may be cost prohibitive to some independent producers, when factoring in the number of musicians on the score, the number of minutes of music used on the soundtrack, and the projected sales of a particular soundtrack album. So, both the TV Film and Theatrical Motion Picture agreements offer several soundtrack record options. A producer may elect to pay 50% of the applicable SRLA scale plus pension, upon the release of the soundtrack record. When and if sales of the soundtrack reach 50,000 units, the producer will pay an additional 50% of the applicable SRLA scale, for sales up to 100,000 units. For sales beyond 100,000 units, they will make a final SRLA payment of 20%. Basically, the producer pays as they go based on sales.

The motion picture agreements also offer a 25% approach, so long as the producer meets certain conditions. They pay 25% of SRLA scale and pension benefits at the release of the soundtrack, an additional 25% of SRLA scale when sales exceed 25,000 units, an additional 50% of SRLA scale, when sales exceed 50,000 units, and finally 20% of SRLA scale, when sales reach 100,000 units. This latter option is frequently used when a producer does not anticipate large sales.

A common alternative is the option where the producer does not have to pay the applicable SRLA scale and pension benefits until sales exceed 15,000 units. After sales exceed the 15,000-unit threshold, the producer is required to pay 50% of the applicable SRLA scale, plus pension. The producer continues to pay based on sales at the thresholds detailed in the previous paragraph. The producer must inform the AFM of election to compensate musicians in accordance with this option prior to the release of the soundtrack, and must meet other conditions. This option is especially appealing to producers who prefer to wait to pay only after sales of a soundtrack recording have reached a certain level.

The motion picture agreements also offer a special option for digital downloads of soundtrack records, as well as singles released in connection with a motion picture.

Last, but not least, the AFM’s Independent Film/Festival Film Agreement also provides for the release of soundtrack recordings. A producer may release up to 5,000 copies of a soundtrack without payment, so long as the producer meets certain conditions. Sales of the soundtrack album in excess of 5,000 copies will trigger applicable scale and benefit payments under the SRLA as the AFM deems applicable.

This is just a brief overview of different motion picture soundtrack record options. For more in-depth information, and details about how a producer may qualify for additional discounts under certain options, consult the current AFM Motion Picture Agreement or contact the AFM’s Electronic Media Services Division (EMSD) or your AFM local’s office.

Filing Motion Picture Session Report Forms

Local officers are reminded to be sure to send copies of any and all AFM motion picture session reports (B7s) and Live Television session reports (B8s) for musician services performed in your jurisdiction to the AFM New York and West Coast offices. They should also be sent to the Film Musicians Secondary Markets Fund (FMSMF) to ensure the FMSMF has the appropriate documentation to credit musicians for their performance(s) in any secondary market distribution. Please contact the EMSD directly for more information on how to submit session reports.

Recent News

Electronic Media and the Role of Live Performance Contracts

Electronic Media Services Divisionby Patrick Varriale, Director, AFM Electronic Media Services Division

You may wonder why an issue focusing on electronic media has space devoted to live performance work. It would seem to be a contradiction in terms. In the following  paragraphs you will learn about this distinct and important connection and why it is essential for locals to take an aggressive approach in seeing to it that the services of musicians are protected.

When a live performance is recorded or taped, as most are these days, if there is no signatory to an appropriate AFM agreement covering the recording/taping, the live performance contract will play a key role. It should include “paragraph 6,” which contains words to the effect: no performance shall be recorded/taped in the absence of an AFM agreement to cover the recording/taping of the musicians’ services. This wording enables the Electronic Media Services Division (EMSD) to pursue the appropriate electronic media payments—wages, residuals, royalties and benefits—against the “purchaser” of the live gig.

If live work is performed under a collective bargaining agreement between the AFM local and the employer, or if it is done under an AFM Pamphlet B touring agreement, any recording that takes place will most likely be covered. For instance, there is an artist who is signed to a Pamphlet “B” Touring Agreement, which covers the live services of the musicians. The artist is also signed to the proper AFM electronic media agreement for the recording of the performances. Therefore, the musician receives additional payments covered by that electronic media agreement, including wages, pension fund contributions, health and welfare (filed on the relevant AFM B Report Forms), and any ancillary payments stemming from that agreement.

However, in situations where there is no collective bargaining agreement or AFM-approved touring agreement—whether it is for a church service or an artist performing at a major venue—in many instances the live performance contract is not filed to cover the date. Therefore, the AFM is hard-pressed to secure additional electronic media related payments.

As a recent example, it was brought to the attention of the EMSD that a group of musicians from a church were taped. That taped performance was exhibited on an ongoing basis over the Internet. With no AFM agreement in place to cover the taping or live performance contract, the EMSD has been unable to pursue payments due the musicians that would have applied under the AFM’s Internet Streaming Agreement. Unfortunately, there are many similar situations.

The solution is relatively simple. When engaged for a live performance, musicians should check ahead of time with the local having jurisdiction over the venue to find out the status of the live contract. This will give the local the opportunity to provide the “purchaser” of the musicians’ services with the appropriate contract. 

Locals can take an active role in policing activity that takes place within their jurisdiction to safeguard its members’ work. This may be easier said than done, but more than worth it to ensure that the services of musicians are protected to the utmost degree.

Recent News

AFM Commercial Announcements Agreement Extended One Year

by Maria Warner-Dowrich, Contractor Administrator, AFM Electronic Media Services Division

I am sure many of you are aware that, in June, the AFM and representatives of the commercial announcements industry’s Joint Policy Committee (JPC) agreed to extend the term of the international Commercial Announcements Agreement for a one-year period, subject to the AFM’s ratification procedure.

This extension follows the term of the June 5, 2014 through June 4, 2017 agreement, where the AFM negotiated significant wage, pension fund, and health and welfare increases, revamped provisions pertaining to commercial announcements made for the Internet and commercial announcements made for traditional uses that are “moved over” to the Internet, and agreed to terms for creating a provision for commercial announcements made for all media uses (television, radio, foreign use, nonbroadcast use, and Internet) for a one-year period.

Given the success of those negotiations, it was decided that there was no immediate need for “across the table” negotiations. However, the one-year extension, which became effective June 5 and will run through June 4, 2018, includes a 2% increase in base wages. Use and reuse payments will continue to be calculated at the same percentage as in the 2014-2017 agreement.

The agreement has been ratified by an overwhelming margin of all eligible musicians whose votes were returned and counted by secret ballot. The ratification process was administered by the American Arbitration Association and was observed by Administrative Assistant in the Electronic Media Services Division Cecelia Gray and me.

Brief outline of the new basic session wages:

  • Side musician one-hour session rate: $129.75
  • Leader, contractor, single musician: $259.50
  • Music preparation rates increased by 2%
  • Copyists receive either the side musician rate or page rates, whichever is higher
  • Arrangers and orchestrators receive the leader rate or page rates, whichever is higher
  • Sideline musician eight-hour minimum: $219.30
  • Leader and orchestra manager: $438.60
  • Pension fund contribution: 16.5% of scale wages
  • Health and welfare: $26, plus 6% of scale wages         

A copy of the new Commercial Announcements Agreement wage summary can be found on AFM.org. Click “Our Musicians,” then “Recording & Digital Media.” Scroll down to Recording and Digital Media Resources and you will see a list of agreements to choose from.

We have notified the “me too” signatories to the 2014-2017 agreement of the one-year extension and we are distributing letters of acceptance so they can memorialize the terms of the extension.

If you have any questions please contact me at the New York Office (phone: 917-229-0233 or email: mwarner-dowrich@afm.org).

Orchestra News

Louisville Orchestra Ratifies Three-Year Contract

A three-year contract agreement for Louisville Orchestra musicians, represented by Local 11-637 (Louisville, KY), was reached in mid-July. The contract is retroactive to June 1 and runs through May 2020. Previously, musicians were preforming under a one-year contract that had provided a 3% raise. That temporary contract allowed management time to complete a new strategic plan.

As part of negotiations, musicians successfully fought for a planned endowment campaign to launch this fall—a necessary step toward financial stability. The musicians’ contract includes a 5% salary increase in the 2017-2018 season, and a 3% raise in each of following seasons. Orchestra size will grow from 55 to 58 by the final year of the contract, with one new position added each year.

Season length remains at 33 weeks, but a paid vacation week has been added and both sick leave and personal leave will increase. The musicians will also have increased input with the Louisville Orchestra Board of Directors.

Recent News

AFM Announces New Agreement with American Public Media and Minnesota Public Radio

AFM President Ray Hair announced a the AFM has reached an agreement with American Public Media and Minnesota Public Radio that extends the current contract by three years. Musicians working on more than 20 public radio programs, including Performance Today and Prairie Home Companion are covered under this contract.

Important to this agreement are groundbreaking new media provisions that establish use fees and residual payments for musicians whose public radio performances are licensed to interactive digital service providers such as YouTube, Hulu, Amazon, and Netflix. In addition to a new use fee payable to each musician whose performance is embodied in any clip or program exhibited via new media, 5% of producers’ gross receipts derived from the license for exhibition of any clip or program will be distributed half (2.5%) to the AFM and Employers Pension Fund, unallocated to any particular individual, and half (2.5%) to musicians.

 

Musicians working under the new contract will receive 2.5% wage increases in each year of the contract. Health, welfare, and pension benefits are also maintained and protected in the contract.

Orchestra News

New Jersey Signs 2015 Contract

After more than a year, the New Jersey Symphony Orchestra (NJSO) has signed a two-year agreement that was ratified in December 2015. The agreement is retroactive to September 2015 and effective through August 2017.

The agreement includes an allowance to continue to iron out several minor outstanding issues after ratification. Due to management delays, the process of addressing those issues and signing the contract dragged on until April of this year.

Under the two-year agreement, the season length remains 29 weeks and the orchestra size remains 66 musicians, members of Local 16-248 (Newark-Paterson). Annual salary increased from just over $37,000 in 2014-2015 to $38,529.43 in the current 2016-2017 season.

NJSO musicians previously did not contribute to healthcare, but are now responsible for a small portion of a deductible. Vacation structure changed from two vacation weeks and one relief week per season, to three vacation weeks. A 36-week cap was set for maximum disability time.