Tag Archives: executive board member

help us, help you

Help Us, Help You

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

help us, help youMost musicians don’t fit the stereotypes that some people like to place on us. We are hard-working, productive members of society who provide a soundtrack to the lives of those who may not know what it means to be creative or to try to and make a living in the arts. Many of us are involved in our community as teachers, volunteers, and mentors to the musicians of the future. Musicians often have more obstacles to overcome than the average worker could imagine—yet, somehow we persevere.

The fact that we love to play should never be an obstacle to taking care of business. The major reason why the AFM exists is to help you navigate through the challenges of a constantly changing music industry.

I come from a family of nonmusicians, but I fell in love with the bass at age 10. My love for playing and determination to succeed have helped make many of my childhood dreams come true and I am very grateful for that. I only knew one person in Nashville when I moved there at age 21. I joined AFM Local 257, which helped me connect the dots and have a successful career. My first gigs were as a touring musician. Then I made a gradual transition into studio work, as well as writing, producing, and releasing my own musical projects. For years, my dad would ask, “Are they paying you, son?” And the main reason I could say to him, “Yes, they are,” was because of the AFM.

As I got more involved in my local, I began to see the administrative side of the equation, and recognized the importance of getting employers to sign AFM Agreements in advance of a session or engagement. Nothing is more effective than a bandleader, session leader, or sideman asking that all-important question, “Is this a union session?” and helping to get a signatory agreement in place before the gig happens. Once the gig is over, it is much more difficult to get people to take responsibility for doing things the right way.

Our job is to arm players with the right information, and to help explain to employers that an AFM contract protects everyone involved. For example, when a record is used in a TV show, film, or commercial, the new use payment comes from the third party that is using the recording, and not the original employer. Otherwise, it becomes a game of cat and mouse—the employer hopes the musicians don’t find out about the new use, and the musicians can do little but complain and try to get a piece of the license fee. Without an AFM contract, the chances of that happening are almost nil.

Unfortunately, at almost every turn, there are unscrupulous employers who will try to take advantage of musicians who take them at their word. When these people sign an AFM agreement—whether or not they ever intended to follow through—we have the leverage to make it right. I recently concluded a 4 1/2-year quest to get musicians paid for reruns of TV shows done under an AFM Agreement more than 20 years ago. I have been chasing another deadbeat musician/producer for nearly 10 years, and have recovered more than 25% of what is due, with more coming.

This is all because of the legal protections our contracts give musicians who do AFM work. If these projects had not been done under AFM agreements, I would not have been able to get the musicians involved paid for their work. This has not been easy, but it is important to stand up for treating musicians with respect.

Here’s the bottom line: for 120 years the AFM has been looking out for musicians. Help us, help you, and let’s work together to make things right. If we don’t have your back, who does?

The Truth About Right to Work (For Less)

by Tino Gagliardi, AFM International Executive Board Member and President of Local 802 (New York City)

When the National Labor Relations Act (NLRA), the legislation that protects the rights of employees and employers and prevents employment practices that are harmful to workers as well as to businesses and the overall economy, was enacted in 1935, a wide swath of the country immediately and bitterly opposed it. Republican leadership and the business community criticized the definition of “employee,” the act’s encouragement of collective bargaining, and the preservation of employee rights and protections at the expense of employer rights.

This debate, commonly referred to as “right to work,” still rages to this day. However, today’s political climate and the gains the right to work movement has made over the last two decades are making it more potent and dangerous for the labor movement than ever before.

On February 1, Congressman Steven King (R-IA) and Joe Wilson (R-SC) introduced the National Right to Work Act in Washington, DC. Similar legislation has been proposed and defeated in the past, but the Trump Administration, coupled with Republican control of both houses of Congress, could mean that right to work advocates have the political and legislative strength to win a victory at the national level.

Though Congressmen King and Wilson claim that they are fighting for the rights of workers by “erasing the forced-dues clauses” and unburdening Americans from the yoke of organized labor, don’t be fooled. This type of legislation, already passed in 27 states, has nothing to do with worker rights and everything to do with undercutting a worker’s strongest tool and ally—labor unions.

NLRA and Right to Work

Labor unions are vital to the health and vibrancy of a strong, safe, fairly-treated workforce, as well as an efficient economy. After the Taft-Hartley Act banned “closed shop” practices in the United States, unions found themselves advocating for fair pay and treatment of all workers, even those who were not union members. This was not only reasonable, it was a great thing for our communities, our families, and the vibrancy of our country.

This advocacy in “union shop” businesses has resulted in enormous gains for workers, including higher wages, safety laws, weekends, health and pensions, and scheduling practice standards (among others) that are now an assumed part of our daily lives. These protections help us ensure that hard working Americans can secure a decent living for themselves and their families.

Under the guise of benefiting workers, right to work legislation does the opposite. By incentivizing workers to benefit from union advocacy without paying dues, they are encouraging a “tragedy of the commons,” or “freeloader” mindset that ultimately undercuts the financial viability of union work and undermines the power of collective action.

Right to work advocates claim that this type of legislation creates jobs and allows for free-market economic growth. But nationally, wages in right to work states are 12.1% lower ($6,109/year) than in “union shop” states, and employees are less likely to receive health insurance or pensions from employers. Why? Because workers don’t have the strength or protection of collective action and representation that is vitally important.

The Right to Work … for Less

Who actually gains from right to work? The employers. Right to work legislation games the system, working around the NLRA to avoid employment requirements and ultimately takes worker rights from employees.

What workers and musicians across this country must realize is that right to work legislation is an insidious effort by employers to wrestle away the rights of employees. Nothing these politicians and right to work advocates publicly claim to desire is needed. The NLRA already allows for non-union workers to work in union shops, with the only expectation being that they help pay for the benefits they receive from working that healthy and protected environment. So why is it necessary? Ask the employers, large corporations, and political stakeholders that benefit from a weak workforce and the destruction of labor union values. Just follow the money that isn’t making its way into your pocket.

unionism

“… Indivisible …”

by Tina Morrison, AFM International Executive Board Member and Vice President of Local 105 (Spokane, WA)

My dear brothers and sisters to the North, please be patient, I’ve got a few things to talk about that are primarily a reaction to concerns very much on my mind since the US presidential election.

This article will be turned in first thing Monday, December 19, which also happens to be the day the electoral college will meet and finalize the outcome of this tumultuous US presidential election cycle. Even if there is some kind of unprecedented surprise, it won’t change what we’ve collectively experienced. We are entering a new year with additional new challenges.

As musicians, we don’t always like each other, but when we make music together, we have to listen to each other and blend our respective voices. Everyone loves good harmony; and although there’s real beauty in dissonance, there’s also a sense of relief when it finally resolves. Sometimes it takes a while.

With all of the “isms” that have been thrown around over these past months, I wear my unionism proudly because it takes all of our diversity and builds consensus to come to resolution. We develop consensus for our workplace negotiations, for decisions at our locals, and our Federation. It takes a lot of work, but it’s a great system for giving us a meaningful voice in decisions that affect us. By working together we have helped to create levels of fairness and safety in the workplace. Unionism lives and breathes because we are the union. “An injury to one is an injury to all.”

Unionism gives us a path on which we can find our way through interesting times. We have processes that enable us to work through tough issues and find solutions most of us can live with, most of the time. Unions are necessary to give working people a voice. Recent examples are the strikes in Pittsburgh, Ft. Worth, and Philadelphia.

Employers belong to groups and associations because they realize the value of networking and joining forces around issues and interests, the costs of which are usually covered by the business. We will need to actively oppose anti-union legislation at every level with a special eye on “right to work” (for less) legislation, which undermines our ability to push back.

Music blends many different cultures with themes and variations developed over the lifetime of humanity, but all of it has common threads of tones and rhythms. We care about our family and friends and want them to be safe, happy, and healthy; we want fair treatment and appropriate compensation for our work; we care about our communities; and we want future generations to have opportunities to thrive and live up to their full potential.

The “Ghost Ship” fire on December 2 in Oakland, California, is a wake-up call that there is work to be done regarding safe performance environments, which also support and encourage emerging musicians. “Mourn the dead and fight for the living.”

In this New Year, let’s resolve to listen to each other and blend our voices, embrace our diversity, and stand together against adversity.

… with liberty and justice for all …

Creating Visibility Within the Labor Community

joe-parenteby Joe Parente, AFM International Executive Board Member and President of Local 77 (Philadelphia, PA)

Several years ago I wrote an article about the importance of our connection and involvement with other labor organizations in our communities. I feel it bears repeating.

Normally, when we think about the union, we think of our locals and the Federation. That’s where we look first to get work. But there are hundreds of unions out there apart from the musicians union—American unions covering the building trades (electricians, carpenters, roofers, etc.), the American Federation of Teachers, the Teamsters Union, unions of nurses, city workers, hotel workers, sheet metal workers, stagehands, and so on. These organizations represent thousands of union workers and are a valuable resource of potential employment for musicians.

I have (and you may have as well) attended various events held by other unions. On occasion, I have discovered that, these same unions that preach union solidarity and the use of union labor, hire nonunion musicians to provide entertainment for their functions. That is unacceptable. The concept of union solidarity must extend to and include musicians, especially on the local level, where the work is available. It’s up to us to remind them.

To take advantage of these employment opportunities within the labor community, musicians have to be visible to other unions. Not all unions belong to the AFL-CIO, but most do, so I’ll lump everyone under that umbrella. AFM locals should be in touch with their area AFL-CIO to let other unions know that union musicians are available to them.

Get a mailing list with all the contact information for each union and send them information about your local and its members; send them referral lists and CDs of bands in the local. Ask for a calendar of annual events. All unions have some sort of function during the year—banquets, holiday parties, conferences, even conventions. For years, my local has provided a band representing Local 77 (Philadelphia, PA) in the annual Labor Day Parade. Many unions have their own catering hall. They wouldn’t think of having an affair without union bartenders or waiters. Why shouldn’t they feel the same about using union musicians?

However, it’s not only the local’s responsibility to go after work for its members. No one is going to knock on your door and ask if you want to work. Anyone who is working with any type of group—rock band, top 40s band, big band, trio, string quartet, or whatever—has a vested interest in promoting his/her own product. Everyone has a spouse or family member, friend, or neighbor who belongs to some union, somewhere. Talk to them; find out about their union and who the contact person is. Send out your promo packages. Call the union directly to let them know that you’re out there and available to meet their needs.

Nothing brings attention to the American Federation of Musicians more than supporting our brother and sister unions when they are involved in a labor dispute with an employer. Volunteering to play on a picket line or at a rally yields publicity within the labor community that goes much further than you might think toward instilling the idea of using live music. Building coalitions and partnerships within the labor community is how we stay visible and viable.

When you contact other unions, let them know that you use their members when you need work done. If you’re not using union labor, you should be. After all, how can we expect them to use our members, if we don’t use theirs? We can’t allow other members of the labor movement to ignore our union.

Building a Partnership with Municipal Government

Conversation leads to common goals and the strength to preserve live music.

“We are only as strong as we are united,” said New York State AFL-CIO President Mario Cilento, shortly after his re-election at the NYS AFL-CIO Convention August 22. Naturally, I couldn’t agree more. Musicians need to stand together, if we are to fight against the exploitation of our work and the continued degradation of live music. In solidarity and partnership, there is power.

That lesson should not be applied solely to our membership and our organizing efforts, but  also to our advocacy and partnership work with municipal governments and agencies. By building strong relationships and cultivating new allies and partners, we will identify opportunities to ensure that our towns, cities, and states are places that musicians can create music, while also affording to live and raise a family.

The rewards are great, and it always starts with a conversation.

Here in New York City, we recently had the opportunity to start a new conversation with the Mayor’s Office of Media and Entertainment (MOME) when Commissioner Julie Menin was appointed to lead the agency in March. Though we already had a minor relationship with Commissioner Menin prior to her new appointment, we thought it of vital importance that we extend a hand as she settled into the role. Since that initial meeting the relationship has flourished.

We explained the intricacies of the music industry and the challenges musicians face—from misclassification to affordability, real estate, and the difficulties new technologies present to intellectual property rights. After she detailed her office’s assets and discussed her agenda, it became clear that we shared multiple goals and priorities. We both wanted to bring live music to more people throughout the city, and we both agreed it is vital that live music performance flourishes.

From that point forward, the staff of Local 802 (New York City) and the staff at MOME were able to work together on MOME’s Broadway in the Boros initiative, an unprecedented project to bring Broadway performances to public spaces outside of Manhattan, thereby expanding access to the excitement of Broadway and the power of live music.

From the beginning this was a complicated project; there was no model to follow. Which contract was applicable? Who was producing the show? What constraints do procurement laws place on the payment of musicians? Who should be hired and who is contracting the performances?  All these questions had to be ironed out. But, because of that initial conversation, the team at Local 802 and the staff at MOME were able work stronger together; we knew we shared common goals and could trust one another’s intentions.

Today, the initiative has drawn to a close and we are working with them to agree to a long-term contract in the event that they choose to expand the program to future summers. We certainly hope they do because, not only did this program bring live music to new audiences and new communities, not only did it pay fair wages and contribute to pension and health benefits, but it was an initiative that will serve as an example that municipal governments and agencies can follow in the future.

Musicians are stronger when we are standing together, and even more so when we have allies and partners to stand alongside. When you can find a shared goal, like the preservation and promotion of live music performance, partnerships can flourish!

AFM Representatives Participate in 21st Congress of FIM

Bruce Fife headshotby Bruce Fife, AFM International Vice President

The International Federation of Musicians (FIM) held its 21st Congress in Reykjavik, Iceland, June 7-9. Attending and representing the AFM were Vice President from Canada Alan Willaert, International Executive Board member Tino Gagliardi, and International Vice President Bruce Fife.

FIM brings together musician unions from all corners of the globe. Nearly 100 representatives came to this congress, to share, discuss,

FIM General Secretary Benoît Machuel, AFM Vice President from Canada Alan Willaert, AFM Executive Board Member and Local 802 (New York City) President Tino Gagliardi; FIM President John Smith; AFM International Vice President and Local 99 (Portland, OR) President Bruce Fife.

FIM General Secretary Benoît Machuel, AFM Vice President from Canada Alan Willaert, AFM Executive Board Member and Local 802 (New York City) President Tino Gagliardi; FIM President John Smith; AFM International Vice President and Local 99 (Portland, OR) President Bruce Fife.

debate, and act on myriad issues that affect musicians worldwide. Of particular interest to the AFM was achieving a more representative voice within the leadership of FIM in order to assure the issues that are important to our membership have the strongest possible response and input from the international community. To that end, AFM President Ray Hair was elected to the Presidium, the highest executive body of FIM, and AFM Canada also gained a seat on the FIM Executive Committee.

The Congress debated and passed a slate of timely resolutions initiated by the specific unions:

  • An exhortation to governments with whom FIM has representations to fulfill and enforce legislation protecting musicians (Uruguayan Association of Musicians)
  • Equality for women and men in the music sector (FIM African Committee)
  • Recognition of musicians as employees/protected workers, so that they have the same labor rights as other workers (French Musicians Union)
  • Work to create fair and transparent distribution of income by collective
    management organizations (British Musicians’ Union)
  • Intensify the “Fair Internet for Performers” campaign to develop additional income for performers from streaming platforms (British Musicians’ Union)
  • Work to introduce the “Agent of Change Principle” to our respective governments with the goal of protecting our vital inner-city, grass-roots live music venues (British Musicians’ Union)
  • Work to protect the music education systems of Latin America (Musicians’ Union of Rio de Janeiro)
  • Work to establish a procedure and database for identifying international airlines with good records for instrument carry-on (German Orchestra Union)
  • Create a program for the collection and shipment of musical instruments to Africa (FIM African Committee)
(L to R): Swedish Musicians Union President Jan Granvik, British Musicians Union Assistant Secretary Horace Trubridge, and AFM International Vice President Bruce Fife.

(L to R): Swedish Musicians Union President Jan Granvik, British Musicians Union Assistant Secretary Horace Trubridge, and AFM International Vice President Bruce Fife.

As you can see, the topics are ones we can relate to, or ones we have faced in one form or another, and have either resolved or continue to work on. For example, the AFM has successfully dealt with the issue of traveling with instruments in the US, but once you leave our shores, all bets are off. Also, while I believe that the defunding of our public school music programs may have bottomed out and we’re starting to move in the right direction, much of the rest of the world seems to be where we were 15 years ago, with a downward trend destroying their school music programs because of austerity measures.

There were also numerous panel presentations, one of which I participated on. A robust discussion of online music and related royalty streams with representatives from England, Sweden, Switzerland, France, Hungary, and of course, the US, focused specifically on how we get streaming money into the hands of our musicians. In many ways, the AFM is a step ahead on this issue, based on our involvement with SoundExchange and our AFM and SAG-AFTRA Fund, which were of great interest to FIM representatives.

For me, the Congress highlighted how small our world has become, how the values and hopes of musicians operating in a globalized music industry are interconnected, and most importantly, how we can benefit from hearing each others’ stories and strategizing together about our common concerns. Given our newly elected leadership in the body of FIM, the AFM will not only continue, but also increase its involvement on the world stage.

Support Fair Play, Fair Pay

On April 13, I had the honor of joining members of Congress Jerrold Nadler (D-NY) and Marsha Blackburn (R-TN), many well-known musicians, AFM President Ray Hair, and Local 257 (Nashville, TN) President David Pomeroy to introduce HR 1733, the Fair Play Fair Pay Act of 2015. This federal legislative protection has been a long time coming, and would have a great effect on our members in greater New York, and throughout the country.

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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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Are You Leaving Money On the Table?

There are many challenges to maintaining your career as a professional musician. We live in a technology-driven world that has dramatically changed the way music is distributed, marketed, and sold. The drop in CD sales precipitated by illegal downloading has leveled off somewhat, but digital download sales have not compensated for the loss of income to musicians, record labels, and music publishers.

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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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