Tag Archives: officer column

Executive Board Members, Officer Columns

In Troubled Times, Stand Up and Fight Back

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

“This will be our reply to violence: to make music more intensely, more beautifully, more devotedly than ever before.”

—Leonard Bernstein’s response to the assassination of John F. Kennedy

We’re in a pivotal time in the history of the United States. We can agree to disagree on many things, but as musicians, we have to acknowledge the great wealth that immigrants brought to our country. The music we make and listen to every day carries the voices of many cultures intertwined to create beauty in the moment. The idea of closing our borders and shutting out the artists of our future is simply not acceptable to me. Families being separated has undertones of ideas and behavior that cannot be allowed. We have to maintain a legal, ethical program allowing for immigration. Compassion should have a place in such decisions.

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emergency relief fund
Officer Columns, Secretary-Treasurer

Emergency Relief Fund: New AFM-ERF Coming Soon

During the last hurricane season, many will remember the three devastating storms that hit Texas (Harvey), Florida (Irma), and Puerto Rico (Maria). Pictures on the news showed the flooding and destructive wind damage that left many residents reeling from these storms. Homes, automobiles, and personal possessions were heavily damaged, not to mention musical instruments that were destroyed. Venue closings resulted in lost work for musicians. These hurricanes killed hundreds of people and caused more than $200 billion in damage.

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social media
Officer Columns, Vice President from Canada

Social Media Can Unite Musicians, But Unions Hold the Power for Results

Pour la version française cliquez ici

Social media has provided our musicians and artists an entirely new way of reaching their target audience. It’s a wonderful way of expanding a fan base, posting daily activities and itineraries, and generally keeping the band relevant in a very competitive music environment. Inevitably, use of social media has also helped create a unique bond between the musicians themselves, in supporting each other’s shows, as well as sharing resources and information.

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Officer Columns, President's Message

New International Representative, TV Negotiations Update

I am pleased to announce that Dave Shelton, former president of Local 554-635 (Lexington, KY), has become the newest member the Federation’s staff as an International Representative (IR), filling a field position that became vacant May 2017 with the departure of Barbara Owens.

International Representatives are the first line of help and assistance for local officers in matters pertaining to day-to-day operations and governance issues in running a local. They are readily available to assist local officers with onsite training, preparation of operating plans, budgeting, and compliance issues relative to AFM Bylaws and Department of Labor regulations. IRs are a resource for the development and application of local bylaws, mergers, membership rosters, newsletters, membership meetings, and elections.

New AFM International Representative for Midwest Territory Dave Shelton

Dave Shelton is uniquely qualified for service as an IR with his broad experience as a versatile professional musician and as a local officer, symphonic negotiator, orchestra committee chair, union steward, and AFM conference officer. An outstanding musician with many years of orchestral horn and jazz piano performance experience, Dave graduated summa cum laude in 2007 from one of the world’s most respected music schools, the University of North Texas (UNT), with a Master of Music degree in Jazz Studies. At UNT, he served as a teaching fellow and a jazz lab band director. Prior to his study at UNT, Dave earned his bachelor’s degree at the University of Kentucky. He has performed as fourth horn with the Lexington Philharmonic Orchestra for nearly two decades, and also serves as pianist and arranger for that orchestra’s pops series.   

During his years of service as a local officer with Lexington Local 554-635, Dave excelled in fundraising and development activities, public relations, collective bargaining, and contract negotiations. He was elected as an officer of the Regional Orchestra Players Association (ROPA) in 2016, and currently serves as its vice president.

Dave now joins IRs Allistair Elliott (Canada), Wally Malone (Western Territory), Cass Acosta (Southeast Territory), and Eugene Tournour (Northeast Territory) who are each assigned a geographic territory of individual locals to maintain regular contact and visitation. The IRs’ activities are coordinated by Assistant to the President Ken Shirk, who is based in our West Coast Office, located in Burbank, California. We are delighted to welcome Dave as the newest member of the Federation’s staff. I know he will do an excellent job.

TV Negotiations Update—Respect the Band!

The Late Late Show band, members of Local 47 (Los Angeles, CA), (L to R) Tim Young, Hagar Ben Ari, Guillermo Brown, Reggie Watts, and Steve Scalfati demand fair pay when their work is streamed online.

On December 15, 2017, the Federation resumed discussions in Los Angeles with representatives from CBS, NBC, and ABC toward a successor agreement covering the services of musicians engaged to perform on live television. Despite three rounds of negotiations, which began 18 months ago, the talks have been deadlocked over the networks’ refusal to bargain over the Federation’s proposals for progressive payment terms for advertiser-supported and subscriber-based streaming of live and on-demand TV. Our proposals for better terms for musicians engaged in the production of live television programs made for initial exhibition on streaming platforms such as Netflix, Amazon, and Hulu were also rebuffed.

Despite the networks’ stonewalling, our team was determined to break the bottleneck and find ways to turn up the heat. At my request, AFM Organizing and Education Director Michael Manley, together with organizers from Local 802 (New York City) and Local 47 (Los Angeles, CA), Recording Musicians Association President Marc Sazer, and player representative Jason Poss of Local 47 worked to develop a plan of action by arranging a series of meetings with musicians working on late night shows, award shows, and prime time variety shows. The musicians identified, discussed, and prioritized issues surrounding the producers’ lack of additional payment when their performances are free to watch online.

A concerted campaign with a catchy name, #respecttheband, emerged from those meetings and quickly gained traction. As the December negotiations got underway in Los Angeles, audience members waiting in line outside the studios on both coasts received leaflets outlining the issues. Musicians from the bands inside released statements to the press speaking out about producers’ lack of respect and fair treatment when their performances are streamed.

The Late Late Show with James Corden musicians released a photo from their green room displaying a #respecttheband banner.

“Other performers are all paid when Jimmy Kimmel Live! streams on YouTube or other online outlets, yet musicians are paid nothing. Musicians just want to be compensated for our likeness and our music,” says Cleto Escobedo III, musical director of Cleto and the Cletones. “I love Jimmy, the producers, and everyone we work with. We just need to make sure the networks treat us and all of our colleagues fairly.”

“This is about fairness. It’s a travesty that musicians are being treated this way. We are just asking the networks for a little respect—and the networks can certainly afford to treat musicians with the respect we deserve,” says Harold Wheeler, who is well known in the Broadway and recording scene and will be the Oscar’s music director in 2018 for the third consecutive year. He was also the original Dancing With the Stars music director.

Amen to brothers Cleto Escobedo III and Harold Wheeler, the Corden band, and our organizing team of highly motivated AFM staff, local officers and staff, and dedicated player representatives—bravo!

With a publicity push from AFM Communications Director Rose Ryan, the musicians’ concerted activities in support of their bargaining objectives received extensive coverage in Deadline Hollywood and Variety.

As a direct result, the networks have now agreed to engage and negotiate over the Federation’s proposals for fair and equitable compensation when musicians’ performances are streamed. Our next round of TV talks will occur this spring.

Solidarity
Executive Board Members, Officer Columns

It’s Time for Solidarity

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

How the world is changing, and so quickly, too! I’m writing this in December and who knows what January is going to look like. I, for one, am weary of reactionism. 

We know that making music is progressive. Learning the instrument, building muscle memory, and developing our “ears.” And then, using those skills, we create vibrations in the air that evoke emotions, enriching the lives of those who listen. Music flows like a river through the air—moving and changing, not always happy or pretty or predictable, reflecting life.

Taking what we’ve learned, we can choose notes, chords, and rhythms that work together to create melodies and harmonies. We can influence our audience to dance or to cry. It is a learned skill that comes with work, effort, and a plan. We train ourselves to react in some ways, listening to those around us to enhance the sound, and not allowing ourselves to be distracted by outside influences that could interrupt the flow. It takes discipline.

So, now is a time for great discipline. We need to trust what we know and not allow outside influences to distract us. We know that working together we have strength and can build. It’s a time for solidarity. So, let’s lean on our strengths and focus on our plan as defined in our mission statement, which you can find on the AFM website (afm.org) under the “About” section, by clicking on “Mission & Bylaws.” Use your voice meaningfully by being involved in your AFM local. Your knowledge and experience, blended with other member musicians, can help create or maintain a solid foundation for professional standards in your community.

I would be remiss not to take a moment and comment on the rise of women and women’s issues over the last year—pointed conversations, actions, and publicity unlike anything I can remember. How does all of this relate to musicians and our union? It’s been a work in progress for a long time and there have been successes. The drastic changes in our orchestras due to “blind” audition requirements that were negotiated into collective bargaining agreements are a testament to a thoughtful process. As proof, compare pictures of orchestras in the 1950s and 1960s with those of today.

The freelance world is more complicated. Generally, there is no collective bargaining process to provide influence. “Purchasers” of freelance music are less likely to consider the gender make up of the band they engage. Female band leaders can still run into discrimination. It’s very difficult to prove, much less change whether a band is hired or not. We can be part of the conversations to drive changes that will help erode old prejudices and open the door for more fairness and opportunity in musical work. Participation and developing consensus are keys to meaningful change.

Cultural changes such as what we are experiencing are very exciting. As we celebrate the new enlightenment empowering women, I suggest we also remain thoughtful so that the changes that come are the changes we want.

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.

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Officer Columns, Vice President from Canada

Don’t Quit Your Day Job

The campaign to get musicians paid for showcasing at the BreakOut West festival in Edmonton this year spawned three weeks’ worth of radio interviews, print, and online media coverage, as well as social media jousting, and effectively polarized two viewpoints. While most articles were fair in representing the views of the CFM, as well as the festival’s organizers, the notion that musicians should be paid for their performances should have been a clear winner in the opinion polls, especially with effective adhesion to the social justice issue of a fair minimum wage.

Yet out of the woodwork came arguments so ludicrous (albeit to me) that I had to stifle the chortles and guffaws. Somewhat miraculously, those arguments were embraced by a portion of the media and, by extension, their readership. I think it is noteworthy to review, if for no other reason than to apprise members.

One assertion by the festival organizers was that many of the musicians were, in fact, being paid to perform through individual grants from the provincial government or their music industry association, and in some cases, the Foundation Assisting Canadian Talent on Recordings (FACTOR). They claimed that this was the “model” of the future. This claim was usually followed by, “There was once a need for a musicians’ union, but not anymore.”

I consider this to be one of the most ludicrous positions ever presented. The notion that musicians should no longer encumber an employer with such trivial things as fees and pension, in favour of asking for government handouts as a means for surviving in the music industry, borders on ridiculous. Only an employer would have the audacity to suggest this and musicians are the only genre of worker that would give it a morsel of credibility. Imagine the response from actors, directors, screenwriters, or stagehands were it communicated that they should no longer look to the film producer for remuneration, but instead seek government grants to provide for their families.

As for the value judgement on a need for the AFM, that rhetoric is not new. It’s used by every employer to dissuade every member of every union in the Canadian Labour Congress (CLC) from participation. It is part of the perpetual attack upon the labour movement, right-wing style.

Another offering by the press suggested that it should be the musicians’ choice whether they wish to donate their services, or that perhaps the whole thing should be treated as a large audition, not a gig. Perhaps this would have merit if the organization involved was a charity, not a well-oiled machine that makes deliberate “policy” to pay everyone involved, except the musicians (who, by the way, are the folks the event is all about).

In addition, these nonpaid “showcases” take place in licensed venues, packed with festivalgoers and making huge profits from liquor sales. A venue that would normally be required to pay for their entertainment, during the festival, gets to watch the bands sweat the night away for free. As for treating it as an audition, I pick no. Real auditions are in a private room to a select few, not in a club where the audience dances, tickets are sold, and beer is swilled. You audition to find work, not to be selected for a chance to perform gratis at yet another festival, and then another. And no, there is no major label A&R person waiting to sign you at 2:00 a.m. in an Edmonton bar.

Finally, the big carrot offered by the festival—a wristband; in other words, a free pass to your own show. By my loose calculations, each band spends hundreds of dollars for travel, accommodations, and food, but are not offered even the price of parking.

The bottom line is that festivals providing no remuneration for services have no regard for the music industry at all. If they did, they would acknowledge that musicians are a fragile part of the music ecosystem, the roots if you will, and must be nourished and fostered to encourage them to seek music as a viable career option. Instead, these festivals choose to build an industry that, as a part of Canada’s Gross Domestic Product (GDP), is larger than mining and lumber combined, yet there appears to be no sustainable livelihood for the musicians.

So in the end, the BreakOut West Festival did, indeed, impart great wisdom upon those musicians in attendance, a message of enormous gravity and substance: Don’t quit your day job.

Officer Columns, Secretary-Treasurer

Hurricane Aftermath: Please Help Your Union Brothers and Sisters:

Now that the floodwaters of hurricanes Harvey, Irma, and Maria have receded and the focus of the press has moved on to other topics, AFM members affected by the storms are beginning to put their lives back together. We all sat horrified as we watched storm surge waters inundate businesses and residential communities, collapse buildings, and float cars and trucks as the hurricanes made landfall and worked their way inland. I can’t remember a time when three category 4 or 5 hurricanes followed so closely on the heels of one another.

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nightlight office
Executive Board Members, Officer Columns

Nightlife Office and Advisory Committee

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

Across this country, musicians are playing in bars, clubs, restaurants, hotels, and other performance spaces in an effort to hone their craft, share their artistry, and make a living. American art, performance, and music have been born, bred, raised, and developed in the nightlife establishments of our cities. These musicians play an outsized role in shaping the cultural heritage of our nation. As a result, the nightlife that drives municipal economies and our nation’s culture, owes a great deal to the musicians and performers of our nightlife industry. Yet, does our society adequately support those individuals who make it vibrant and strong? No.

In New York City we are working on changing that. New York City Council Member Rafael Espinal (Democrat, District 37) recognizes the role that the city’s nightlife industry plays in its economy and began working on legislation that would create an Office of Nightlife and Nightlife Taskforce to address issues frequently faced by nightlife establishments and their communities.

Though this office was originally conceived as a combination industry liaison and issue resolution facilitator between the city, small businesses, and communities, we at Local 802, saw this as an opportunity to provide support for a frequently ignored community of workers that has traditionally been exploited, discriminated against, and undersupported.

With the council member’s support and partnership, we were able to expand the original scope of the office and taskforce, advocating for language in the legislation that would commit the office to addressing workforce issues like wage theft and misclassification, and require them to make policy recommendations that would benefit performers and workers by addressing some of the industry’s unique issues. On August 24, the bill passed. We are closer to the creation of an Office of Nightlife than ever before.

Advocates and performers who live and work in the nightlife scenes of other cities should pay attention—the Office of Nightlife could be worth replicating.

This Office of Nightlife could provide a new type of government partner for performer advocates to work with to address issues that countless musicians face on a nightly basis: exploitation, misclassification, pay-to-play schemes, and more. The challenge is providing the tools with which the office can effectively and efficiently do its job.

There are many agencies and offices that regulate small businesses and mandate specific employment practices and safety requirements. However, the tools available to these agencies often do not apply to the unique nightlife industry or are ineffective in addressing common business practices at bars, restaurants, clubs, and hotels. How do we mandate fair employment at a performance space where it is arguable who the employer legally is? This is just one example of how complicated the nightlife industry is.

If this office is to be impactful, and if other municipalities are to follow New York City’s example, the Nightlife Office must work with locally elected community leaders and administration to develop regulatory mechanisms that empower the director to protect performers who are otherwise unsupported and unprotected. Without impactful regulatory and enforcement frameworks, the city will lack the ability to prevent pay-to-play and unfair employment practices, and will be unable to help us in our work to ensure that all musicians have the opportunity to make a fair living that dignifies the contributions they make to our common cultural heritage.

Luckily, New York City is the perfect test case for such an office. Mayor Bill de Blasio has shown that he understands that the city’s nightlife is an important part of our economy. As a former consumer affairs commissioner, Mayor’s Office of Media and Entertainment Commissioner Julie Menin has experience developing both consumer and worker protections. Council member Espinal has shown sensitivity and appreciation of the challenges that workers and performers face.

These leaders must be applauded for their advocacy and vision. We are extremely hopeful that this office will soon play an important role in advocating for musicians. We will work closely with these leaders and this office to support our union’s agenda—raising the wage floor for musicians and ensuring that New York City remains a place where musicians are celebrated and where performers can live, work, and raise a family. This work is important, not just for New Yorkers, but for musicians across the US.