Tag Archives: organizing

Officer Columns, Vice President from Canada

Your Local Business Rep: A Valuable Tool for Recruitment and Organizing

A very valuable and often overlooked position in each AFM local’s personnel is the on-site representative (sometimes referred to as a “business agent”). Each local is required to have at least one person designated as such, as prescribed by the AFM Bylaws Article 5, Section 13, which states:

Each local shall have at least one representative whose duties shall include communicating with musicians who perform in that local’s jurisdiction for the purpose of securing such musicians’ support of and participation in the attainment of the membership’s collective goals as set forth in Article 2.

The wording of this bylaw has varied somewhat over the years, and so has the application. Anecdotally, I have heard stories of how local reps would visit each venue to “check the cards” of every musician on the stand, and were prepared to pull the band if the number of nonmembers exceeded a predetermined limit. Retrospectively, this seems extreme; however, the intent was more to send a message to the employer that only union musicians could be utilized. In the day, this activity was very effective, although the reps were thought of like police.

In my own experience, Local 149 (Toronto, ON) had at least three reps visiting clubs, particularly those that offered live music six nights a week. Some were our peers—musicians we knew who were part of bands and took part-time work as reps for the local. It was not an imposition by any means, and it felt strangely comforting to know that the AFM was in the house.

What is the benefit of reps to the local? Oftentimes, it’s difficult to keep track of which venues have ceased using live players, which ones have started to, or what kind of music is played. Locals with an active booking referral programme may not know who is playing with what band, the repertoire, or the level of polish. A visit by the rep answers all these questions, plus can put you in touch with nonmembers or travelling bands coming through your jurisdiction. In addition, regular contact with venue owners and others who may employ live musicians is an opportunity to develop relationships, which may be extremely beneficial over time.

What is the benefit to the members? Certainly, as a travelling musician, performing in a strange town had its challenges. I recall some locals who prepared a package for travellers that contained information and directions to find the local, as well as laundromats, grocery stores, liquor/beer stores, music stores, and all-night gas stations. There was always a work dues bill enclosed, of course.

When the rep would show up during the performance, it was an opportunity to ask questions and gather information. What other venues of similar type/price range were around? Who are the other musicians of note playing in town? Or perhaps there were difficulties with the venue owner or contract, which the rep could assist with. It was also an opportunity to ask questions about the services and benefits of AFM/CFM membership, and how to access them.

Another area where reps are invaluable is when recording is taking place. Perhaps it’s a “dark” jingle or scoring session, in which case the rep can usually speak with the employer and leader, and a proper contract (with all of the ensuing benefits and residuals) can be the result. When cash work is allowed to flourish and replace signatories and AFM report forms, everyone ultimately suffers. The fee will be low, pension not paid, papers not filed, and therefore, no Special Payments, new use, or other residuals. Rep visits can eliminate much of this underground economy and help musicians receive the fees and benefits to which they are entitled.

I left for last what is probably the most important aspect of having a rep make contact with musicians in the field: organizing. Much of the dialogue will be in the form of “internal” organizing, where existing members are apprised of what they may be missing out on. Knowledgeable members will pass that information along to musicians who are not members. And, of course, reps speaking directly with nonmembers can only result in a positive outcome in terms of recruitment. A local that has reps regularly visiting musicians on-site cannot help but increase visibility, which in turn creates the opportunity to recruit and increase member density.

If you are an officer in a local who does not have a business rep, you should find a way to appoint one as soon as practicable. If you are a musician who is lucky enough to have a rep visit you on site, use that opportunity to learn more about the AFM and its services.

En français:

Organizing

Internal Organizing in Our ICSOM Orchestras

by Meredith Snow, Chair, International Conference of Symphony  and Opera Musicians (ICSOM)

The cohesive internal organization of an orchestra is the foundation of a strong bargaining unit. The more our musicians know about the structure of their collective bargaining agreements (CBA) and how committees function, and the more they are willing to participate in the civic life of their orchestra, the greater will be their success in negotiations, and the greater will be the success of the institution as a whole.

The orchestra, as a social construct, has a centuries-old history of hierarchal rank and deportment, from conductor to concertmaster to last stand violas. The mannerisms remain, but our unionization has revolutionized the status quo behind the scenes. The power to negotiate pay and working conditions that are fair and beneficial to all and the protection of tenure has created a more equal and just workplace.

All of our International Conference of Symphony and Opera Musicians (ICSOM) orchestras have both a CBA (negotiated by musicians and locals) and bylaws, which carefully outline the duties of committees, and the relationships of members to each other and to management. While each orchestra may divide responsibilities differently, an orchestra committee (OC) generally oversees the implementation of the CBA; some form of Auditions Committee will manage auditions and tenure review in conjunction with the music director; and an artistic liaison committee may address programing, conductor review, and possibly workload issues that can occur within the bounds of the CBA.

Many orchestras now have a separate negotiating committee. In recent years, orchestras have formed social media committees and community outreach committees to foster connection with their current and potential audiences. And I would be remiss if I did not acknowledge the coffee makers—the unsung heroes who come in early to rehearsal and start the coffee brewing. A fresh cup of coffee is, in and of itself, an internal organizing tool. We tend to concentrate our attention on the grand gestures and positions of power, but it is small considerations that foster good relationships.

The configuration and number of members of these committees, makeup of the audition panel, and other details are specified in each orchestra’s bylaws. The various duties have become increasingly complex over the years to the extent that many orchestras now have a crossover system where OC members also serve on the other committees to be sure that the contract and bylaws are not overlooked or undermined.

As with any civil service, working on a committee can be challenging and rewarding in equal measure. But having strong committees is absolutely vital to the health of an orchestra. They are the connective tissue that binds our members together, as well as the central nervous system in our interaction with management. A clear understanding of our relationships creates a strong bond, especially needed in times of adversity, and makes it possible to build a culture of mutual respect and responsiveness, not only between musicians, but with management as well.

Serving on committees is a voluntary activity. Our members donate their time for the good of all. While many members volunteer, others need encouragement. In many orchestras, the ICSOM delegate and a committee member will invite newly hired musicians to lunch to explain the organizational structure of their new job. Some orchestras have created a handbook to simplify understanding of the densely-written CBA and bylaws. We are always recruiting. Asking musicians to volunteer for activities that benefit other organizations, such as soup kitchens or disaster relief groups, is a doubly beneficial organizing tool. You are solidifying your own relationships while helping others.

Open and respectful communication is key. Committee members can and should be available to speak with other orchestra members, but there is no substitute for general meetings, which help draw together all the musicians in an orchestra. Aspirations, irritations, complications, what’s working, what’s not—all need an open forum to be addressed. The better we understand one another, the stronger we are as a unit. Considering we all play in the same orchestra, it is surprising how different the pressures and expectations of each instrument group are. Understanding our different perspectives helps unify our membership. The stronger we are as a union, the greater our success in negotiations.

Organizing

Aiding Musician Organizing South of Our Borders

by John Acosta, AFM International Executive Board Member and President of Local 47 (Los Angeles, CA)

I recently had the privilege to represent the AFM at several International Federation of Musicians (FIM) workshops in Latin America. The first, coordinated by FIM and hosted by Unión de Escritores y Artistas de Cuba (UNEAC), was a regional project funded by the Swedish organization Union to Union, with support from Musikerförbundet. Our FIM team consisted of FIM Vice President Déborah Cheyne, FIM General Secretary Benoît Machuel, and FIM Regional Coordinator for Latin America Ananay Aguilar.

FIM Latin American Conference

There were several goals of FIM’s Latin American conference in Cuba. The first was to bring together a number of music organizations on the island and generate a dialogue around various topics affecting professional musicians worldwide. The second was to help develop a musicians’ union in Cuba that would be able to represent Cuban musicians at the regional and international level.

Represented at the event were several important musical organizations, including the Instituto Cubano de la Música (ICM) and the collective management organization for authors and composers Agencia Cubana de Derecho de Autor Musical (ACDAM). Also present was a representative of the cultural workers trade union Sindicato Nacional de Trabajadores de la Cultura, along with representatives from the national centre for arts schools Centro Nacional de Escuelas de Arte (CNEART), and other various educational establishments from primary to higher level music education.

FIM Central American Regional Meeting

In addition, I was asked by FIM to join their Central American regional meeting in Guatemala City, Guatemala, held several weeks later. It included representatives of established and/or burgeoning musicians’ unions from Panama, Costa Rica, Dominican Republic, Brazil, El Salvador, Guatemala, and Colombia. From all of these gatherings it was extremely insightful to see how our Federation can stand as an example to many of these Latin American unions of how an open and democratic union can operate.

While perfection in any democratic institution is elusive, if not unattainable, many of these foreign organizations are extremely challenged by the political instabilities they face in their own countries. For example, in Cuba, where we met with the leadership of UNEAC, an artist association that encompassed writers, singers, dancers, musicians, and other creative trades, the level of musicianship and artistry was incredibly high. However, in stark contrast, the ability of those same artists to be able to speak in defense of their own freedom of speech or find recompense when there was a grievance against their employer (the state) was complicated.

Another example was that of Guatemala. For decades, a somewhat violent history in that country caused by the government’s actions against its own people—with special attention focused on seriously suppressing labor rights—has thwarted any union’s ability to survive, let alone thrive. The results are now evident with the absence of any healthy union organization, and certainly not an established musicians’ union. In these cases, the work that FIM is embarking upon in Latin America and other underdeveloped nations, is critical to the advancement of musicians, musicians’ rights, and continued labor presence.

Representatives at the FIM Regional Meeting in Cuba (L to R, Back Row): FIM General Secretary Benoît Machuel; Guitarist Rey Montesinos; UNEAC Musicians’ section at Villa Clara President Alejandro Sánchez Camps; UNEAC Musicians’ section at Matanzas President Luis A. Llagano Pérez; Local 47 (Los Angeles, CA) President and AFM IEB Member John Acosta; ACDAM Director René Hernández Quintero; UNEAC at Matanzas President José Alberto García Alfonso; (Middle Row) Sindicato Nacional de Trabajdores de la Cultura General Secretary Nereyda López; UNEAC Musicians’ section Vice President Juan Piñera; UNEAC Musicians’ section President Guido López Gavilán; UNEAC Musicians’ section Vice President Marta Campos; de la Torre Vocalist Dolores Márquez; FIM Regional Coordinator for Latin America Ananay Aguilar; Centro de Investigación y Desarrollo de la Música Cubana Musicologist Ailer Pérez Gómez; (Seated in front) Bis Music Producer Cary Diez; FIM Vice President and SINDIMUSI Vice President Déborah Cheyne; and Composer Roberto Valera.

Guiding Our Brothers and Sisters Abroad

It is equally important that the AFM be involved now in guiding the process of union development in these nations, especially in the early stages. During our meetings in both countries, we spent a fair amount of time conducting workshops about union administration, building an effective union, and government engagement. There was significant dialogue in our Guatemala meeting about the various union structures found in more industrialized countries like the US, Switzerland, and France, and how these structures operate from the member standpoint to union governance.

The daunting task that these courageous leaders now find before them, is to find the time and resources to create a credible union in a climate with limited economic opportunities. It will indeed require a superhuman effort. I believe our Federation can provide the necessary guidance and training. Working within FIM, I believe these goals can be accomplished. With strong musicians’ unions in our neighbors to the south we can help raise working standards, not only for our colleagues from these nations, but improve the portability of intellectual property rights established in our Federation and export these higher standards to other developing unions.

As employers attempt to pit one musician against another, union against union, and nation against nation, we must organize musician to musician, union to union, and nation to nation, in order for our movement to catch up with an already globalized workplace.

I want to thank AFM President Ray Hair for assigning me to these inaugural meetings. I look forward to our continued participation.

Organizing

Organizing for Inclusion: Thinking Differently

by Keith D. Nelson, Local 369 Secretary-Treasurer and Member of the AFM Diversity Committee

In 1980, I proudly joined AFM Local 369 (Las Vegas, NV). At that time, every hotel and casino that had a showroom contracted union musicians. The majority of casino and cabaret lounges, private bars, clubs, and restaurants that featured music employed union musicians. You really couldn’t be a professional musician in Las Vegas without being a member of the AFM.

As a sophomore at University of Nevada, Las Vegas, the opportunity to join the union presented itself when I was hired as a relief bass player for the Folies Bergère show at the Tropicana Hotel and Casino. Back in the 1980s, shows ran seven days a week with three shows on Sundays! College music training had equipped me with sight reading abilities, and a “take-care-of-business” approach (i.e., show up on-time and do the job you are asked to do). Education, coupled with youthful energy and a concept for multiple music styles, multiplied my one relief night at the Tropicana into three to four nights with the Lou Elias Relief Orchestra for additional shows.

As a 20–year-old with primary interests in building monster skills and making money, I didn’t fully understand the necessity for the musicians union or the vital benefits it would soon provide me—prenegotiated television contracts, prenegotiated recording contracts, union representation, employer pension contributions and associated vesting requirements, and employer paid health insurance. I never considered that one day my career would be directly affected by AFM contracts, labor rights, and reuse/royalty payments. Soon I would learn the importance of these benefits and protections.

In a blink of an eye, I was 30 years old with concerns for the aforementioned. To my surprise and elation, the AFM had structures and support systems that had been working on my behalf—royalty and reuse payments and a pension! Left to my own devices, this would not have been the outcome.

Thanks to the AFM, I enjoy much security and peace of mind in a profession that has faithfully served me and my family well. Equally important, I have a financial future and a secure music career to look forward to.

Choosing music as a career and having my dreams supported by various AFM contracts has been key to making a living as a musician. Today, thanks to my appointment to the AFM Diversity Committee by AFM President Ray Hair, I have the opportunity to promote the positive aspects of our union and hopefully represent its openness to accept all musicians, inviting them to enjoy the benefits of AFM membership.

The Diversity Committee’s goal, passion, and commitment are to expand an already inclusive environment for all aspiring musicians throughout the AFM. My hope is that minorities will, at the minimum, populate the AFM in proportion to their American population percentage. For example, Hispanics make up 17% of the population, so our goal is to have at least 17% Hispanic AFM membership; Blacks make up 13% of the American population, so our goal is to see Blacks make up 13% of the AFM membership.

Ethnic background is not the only focus of the Diversity Committee. We are also striving for wider participation of musicians from all music genres. We are interested in creating an inclusive, united environment for musicians. In addition to classical music and other popular genres, we welcome those who specialize in Polynesian, Arabic, African, Asian, alternative, Jamaican, gospel, contemporary Christian, hip hop, and more. We want musicians from all backgrounds, beats, hooks, and rhythms to know they are welcome and encourage them to make their local chapter of the AFM their home.

The existence of a Diversity Committee is evidence that the AFM is committed to reaching out to musicians of diverse backgrounds. Implementing our desires and goals at the local level is a challenge we all face. The committee asks challenging questions such as: how do we create meaningful relationships with musicians that don’t generally think of the AFM as an association that will benefit them? Asking the question is only the first step. Of course, the patent reply is “you have to organize,” which is true!

One alternative is to think and operate differently in organizing. For example, here in Las Vegas, our executive board is grappling with the challenge of engaging millennials—a beautiful and unique group. Millennials aren’t beating our door down to be a part of our local due to no fault of their own. Admittedly, we don’t exactly speak the same language. So we are actively pursuing them. We identified a 24-year-young musician with great leadership potential and consistently invite her to our board meetings. As an observer, when she chooses to comment, we recognize her, give her the floor, and take notes!

We are inviting nonmembers to our Local 369 functions as observers, and if music is being performed, we are creating an opportunity for them to perform as well! If all are wanted, then all must be welcome to observe our operations and conversations.

Another example is gospel and contemporary Christian musicians. Almost every community has them. They are easy enough to engage, but our local isn’t heavily populated with them. We need them to teach us how to attract their participation. We need to create relationships with any groups of performing musicians that have a presence in our communities, but lack representation in our locals.

As 2018 gets underway, please challenge yourself to invite new musicians to your union functions. Share the International Musician magazine with a nonmember and follow up with a conversation about whatever they highlight. By accepting the above challenges you are thinking and operating differently in how we organize!

Thank you for taking the time to read this article and for working with your local to encourage union membership.

#MeToo
Organizing

#MeToo: What to Do When You Are Harassed

#MeToo

The viral spread of the #MeToo campaign denouncing sexual assault and harassment demonstrates that almost no one is immune to sexual harassment and no one reporting it should feel alone. The campaign has also exposed the unfortunate truth that instances of sexual harassment appear to be pervasive throughout American culture, including in the arts and entertainment community.

No one should ever have to feel uncomfortable, unsafe, or threatened on the job. Yet, at one time or another, nearly everyone has endured workplace sexual banter that made them uncomfortable. People often laugh it off, masking their discomfort, but no one should have to feel that way at work. Sadly, employees frequently choose not to complain for a variety of reasons. They may want to be “part of the team,” wish to avoid further embarrassment, or fear retaliation. They may simply prefer to think of themselves as survivors, not victims.

What Is Sexual Harassment?

Sexual harassment involves unwelcome sexual advances, requests, and other verbal, visual, or physical conduct. This can include inappropriate jokes, obscene language (including in emails), touching or impeding movement, sexual gestures, and suggestive objects and pictures. Harassment does not have to be of a sexual nature. It can include offensive or derogatory remarks about a person’s gender, such as general offensive comments about women or men. The victim does not have to be the person directly harassed, but is anyone affected by the harasser’s offensive conduct.

Workplace sexual harassment can take two forms. “Quid pro quo” harassment occurs when a tangible employment action explicitly or impliedly depends on the employee’s rejection or acceptance of unwelcome sexual advances or requests. It is generally committed by someone with power to make termination, demotion, or promotion decisions over the victim.

The second type of harassment occurs when the unwelcome conduct of supervisors, co-workers, customers, contractors, or anyone else with whom the victim interacts on the job creates an intimidating, hostile or offensive work environment. In order to be legally actionable, such “hostile work environment” harassment must be so severe or pervasive as to interfere with a reasonable person’s ability to perform his or her job.

Sexual harassment crosses all genders, ages, sexual orientations, and job levels. According to Equal Employment Opportunity Commission (EEOC) research, one in four women have been sexually harassed. While 30% took action to stop it, less than half filed a complaint. Seventy percent simply avoided their harasser, denied, or downplayed the harassment.

Title VII of the Civil Rights Act of 1964 bans discrimination on the basis of sex, which the EEOC and the United States Supreme Court have interpreted to include sexual harassment. Following guidance issued by the EEOC, many employers have written policies banning sexual harassment, instituted mandatory sexual harassment training, and created procedures for employees to
file complaints.

While almost all large companies today have anti-harassment policies and complaint procedures in place, there is little evidence that compulsory training reduces the instances of sexual harassment. It may do more harm than good—sometimes shielding employers from liability and reinforcing gender stereotypes. Even with training, human resource personnel sometimes handle incidents poorly. They may suggest ignoring the harassment, especially if it doesn’t meet their standards for sexual harassment.

What Should You Do?

It is an employer’s legal responsibility to provide a workplace free of unlawful harassment. Employers must investigate complaints of sexual harassment and must take appropriate actions to end harassment and ensure it does not happen again. Employees should be encouraged to come forward at the earliest instance and not wait until a point where they feel unsafe.

If you are being sexually (or otherwise) harassed at work and feel comfortable confronting your harasser, immediately and emphatically tell the person to stop. If you work under a union collective bargaining agreement, alert your union representative to the harassment and ask for assistance. Create and keep a contemporaneous written record of the harassment, including details such as the time and date of each incident. Also keep a detailed record of your job performance.

Collective bargaining agreements and employee handbooks often include provisions governing the reporting and handling of complaints of sexual harassment. Where such policies and procedures exist, try to follow them as closely as possible, in reporting your concerns.

If your internal complaints fail to put a stop to the harassment (or otherwise resolve the situation to your satisfaction) or you feel reporting the harassment to your employer has led to unfair treatment or retaliation, you may choose to file a charge of discrimination with the EEOC or with your state human rights agency.

These charges must be filed within 180 days of the alleged discriminatory act (300 days if your state has an agency that enforces a state law that prohibits employment discrimination on the same basis). The EEOC and state agencies are equipped to assist you in filing a charge of discrimination. For more information or to file a complaint call the EEOC at 1-800-669-4000.

ROPA Conference
Orchestra News

ROPA Delegates Discuss Diversity and Organizing in Phoenix

Karen Sandeneby Karen Sandene, ROPA Secretary and Member of Locals 70-558 (Omaha, NE) and 463 (Lincoln, NE)

During the first week of August, delegates representing orchestras from all corners of the nation convened in Phoenix, Arizona, for the 33rd Annual Regional Orchestra Players Association (ROPA) Conference, hosted by Local 586 (Phoenix, AZ) and Arizona Opera Orchestra, with activities centered at the Westin Downtown Phoenix Hotel. ROPA’s annual conference is one of the most important benefits of ROPA membership. Information gleaned the conference assists with negotiating, organizing, and understanding the current state of the orchestral world.

Central themes highlighted throughout this year’s conference were diversity and inclusiveness in the symphonic world. Several excellent guest speakers offered their perspectives over several days. Local 699 (Houston, TX) President Lovie Smith-Wright gave the AFM Diversity Committee report. Phoenix Symphony Principal Clarinet Alex Laing of Local 586 offered a detailed description of plans for recognizing the diversity in our locals and in orchestras. As part of his report, AFM Legislative-Political Director and Director
of Diversity Alfonso Pollard shared information about musicians from minority groups who hold positions in symphony orchestras. On the final day, Metropolitan Opera Orchestra Trombonist Weston Sprott of Local 802 (New York City) presented “Actionable Strategies to Make Your Orchestra More Diverse and Inclusive.”

ROPA Conference

ROPA Board Members include (L to R): Steve Wade, Maya Stone, Mary Anne Lemoine, Lisa Davis, ROPA Treasurer Donna Loomis, ROPA Vice President Dave Shelton, ROPA President Mike Smith, Sean Diller, ROPA Secretary Karen Sandene, Amanda Swain, Naomi Bensdorf Frisch, Taylor Brown, Katie Shields, Nancy Nelson. Not pictured: Marika Fischer Hoyt.

Informative Sessions

The opening session featured addresses by Local 586 President Jerry Donato, Arizona Opera General Director Joe Specter, and Arizona Commission for the Arts Communications Director Steve Wilcox. Donato reported that union membership in the area is up, despite the fact Arizona is a “right to work” state. He shared recruiting techniques Local 586 implements. Specter highlighted several of the opera company’s successful projects. Wilcox reinforced the common knowledge that arts and culture radiate throughout the economy. The final presentation of this first morning was a well-received presentation on hearing protection with Heather Malyuk, AuD, of Sensaphonics.

Delegates spent much of the first day in valuable small group discussions with their members-at-large, sharing information with orchestras of similar budget sizes. Wrapping up official business for the first day, new delegates received training from ROPA officers and members of the AFM Symphonic Services Division (SSD).

On the second day, ROPA warmly welcomed representatives from our fellow AFM Conferences—Organization of Canadian Symphony Musicians (OCSM) President Robert Fraser, Theater Musicians Association President (TMA) Tony D’Amico, Recording Musicians Association (RMA) President Marc Sazer, and International Conference of Symphony and Opera Musicians (ICSOM) Chair Meredith Snow—highlighting their yearlong activities. AFM President Ray Hair led a panel discussion that provided important clarity on the status of the AFM Pension Fund. A large number of resolutions were approved, including the addition of an eighth member-at-large to serve our delegates, which acknowledges that ROPA is a growing organization.

AFM SSD Director Rochelle Skolnick and Negotiator Todd Jelen led the delegates through a lively role-playing activity, “Internal Orchestral Organizing.” The day’s final presentation was by ROPA’s good friend and former AFM Negotiator Nathan Kahn, who shared his wealth of knowledge on negotiations. That evening, conference attendees traveled to the home of the Arizona Opera for a dinner hosted by Local 586.

Along with the diversity sessions mentioned earlier, the final day of conference included remarks by SSD staff. Throughout the conference, AFM SSD staff, including Skolnick, Director of Symphonic Electronic Media Debbie Newmark, Chief Field Negotiator Chris Durham, Negotiators Jelen and Jane Owen, and Contract Administrator Laurence Hofmann, provided valuable knowledge and support to our delegates. We thanked them for their service to the orchestral world. We also welcomed ICSOM Attorney Kevin Case who discussed the topic of bullying in the orchestral world.

Officer Elections

Following the election of officers, the 2017-2018 ROPA Executive Board will include President Mike Smith (Minnesota Opera Orchestra, Local 30-73), Vice President Dave Shelton (Lexington Philharmonic, Local 554-635), Secretary Karen Sandene (Omaha Symphony Orchestra and Lincoln’s Symphony Orchestra, Locals 70-558 and 463), Treasurer Donna Loomis (El Paso Symphony Orchestra, Local 466), Delegate-at-Large to the AFM Convention Naomi Bensdorf Frisch (Illinois Philharmonic Orchestra and Wisconsin Chamber Orchestra, Locals 166 and 10-208), and Members-at-Large Taylor Brown (Chattanooga Symphony and Opera, Local 80), Lisa Davis (Mississippi Symphony Orchestra, Local 579), Sean Diller (Southwest Michigan Symphony Orchestra, Local 232-278), Marika Fisher Hoyt (Madison Symphony Orchestra, Local 166), Katie Shields (Arizona Opera Orchestra, Local 586), Maya Stone (Huntsville Symphony Orchestra, Locals 80 and 257), and Steve Wade (Hartford Symphony Orchestra, Local 400).

And finally, we offer our sincere appreciation to the 2017 conference hosts, the musicians of the Arizona Opera Orchestra, Local 586 members and President Jerry Donato, and numerous hard-working local volunteers. We would also like to thank Conference Coordinator Linda Boivin of Local 618
(Albuquerque, NM) and ROPA Delegate Katie Shields for their outstanding work assisting the ROPA Board in presenting a well-run conference.

We look forward to our 2018 34th Annual Conference in Portland, Oregon.

Organizing

Creating the Conditions for Sustainability in Recording

by Marc Ribot, Member of Local 802’s Artist Rights Caucus

Local 802 (New York City) guitarist Marc Ribot is an active member of the local’s Artist Rights Caucus.

The Artist Rights Caucus of Local 802 (New York City) congratulates AFM President Ray Hair and the AFM’s negotiating team on the impressive gains won in the Sound Recording Labor Agreement (SRLA). We share President Hair’s hope that these gains reflect a beginning of the end of the disastrous period in which our industry “reel[ed] from the erosion of traditional business models … in the context of revenues that have declined by nearly two-thirds in the last two decades.”

As President Hair’s column “Streaming Funds Pension, Residuals in New Label Deal” (March 2017, IM) made clear, these gains reflect both the solidarity of our membership, and the tough, skilled negotiations of the AFM’s representatives. They also reflect growth in the industry as a whole.

However, if this progress is to be sustainable, working musicians can’t afford to be spectators in the fight against Silicon Valley’s attacks on our rights and livelihoods. We need to understand how the mass infringement of copyright by online services continues to limit and threaten growth in our industry, and we need to continue the fight against this and other Silicon Valley attacks.

We need to understand that the 57% gain in the streaming market does not represent a 57% gain in overall industry revenue. Actual industry growth in 2016 was somewhere between 3.2% and 8%, according to the IFPI Global Music Report 2016 (ifpi.org/news/IFPI-GLOBAL-MUSIC-REPORT-2016). Although streaming revenue growth rates are up, the rate per spin continues to fall. So as streaming cannibalizes sales, it not only fails to make up the revenue from sales, but as reported on the website Digital Music News (www.digitalmusicnews.com/2017/05/16/spotify-audiam-low-rates/), it makes up a shrinking share of overall revenue. Also, we need to understand recent growth in the context of overall industry losses of more than 60% since 1999, as reported in an April 2015 Music Business Worldwide article (www.musicbusinessworldwide.com/global-record-industry-income-drops-below-15bn-for-first-time-in-history/).

New York City rank-and-file group Musicians’ Action demonstrates for Artists Rights outside hearings
on section 512 of the Digital Millennium Copyright Act being held by the US Copyright Office in the Thurgood Marshall Courthouse in Manhattan.

For growth to be sustainable, and for it to come close to offsetting the revenue lost from the dramatic decline in CD sales and legal downloads, we need to end the mass infringement of copyright taking place on YouTube and pirate sites. Until the “safe harbors” that protect online corporations profiting from mass infringement are restricted, there is no way that the streaming market can ever hope to reach its potential. Indeed, it is highly questionable whether Spotify, which has yet to post a profit, and which may soon face major challenges from songwriters and publishers, can even survive.

Musicians and creators have a tremendous stake in ensuring that online services are viable for users, distributors, and creators. We can gladly support user access to music in many different formats—including streaming—so long as our copyrights are respected and we are adequately compensated. But we will never be adequately compensated through streaming services unless all services compete on a fair and equal footing.

Right now, this is not the case. Fully licensed and legal services like Spotify, Deezer, and Apple must compete against platforms that reap ad-based profit from mass infringement (e.g., YouTube) or provide access to pirate sites (e.g., torrent sites via Google search), while hiding behind the safe harbor clauses of the Digital Millennium Copyright Act (DMCA). This unfair competition prevents the development of a true market for online music, depresses licensing revenue, slows conversion to the paid (premium) tiers of streaming services, and ultimately, takes money out of the pockets of musicians and the companies that hire musicians.  

In order to sustain the gains won in recent contract negotiations, the AFM must address these impediments. It can do so by focusing its political resources on the legislative goals outlined in the AFM and music community response to the US Copyright Offices (USCO) inquiry on Section 512 of the DMCA, mobilizing resources and membership in support of these goals, and urging the other unions and organizational signers of the music community USCO response to do the same.

The members of the Artist Rights Caucus of Local 802 understand that the futures of our livelihoods, industry, and art form are at stake. We believe that together, through our union, we can reinstate fair market conditions in our industry, and sustain the progress made in this contract into the next one and beyond. Questions or feedback for the Artist Rights Caucus can be sent to: artistrightscaucus@gmail.com.

Locals Conference Council
Recent News

LCC-PCC: Where the Conferences Converge!

by Jonathan Ferrone, AFM Assistant Secretary

In the years when there is no AFM Convention, the Federation hosts the Locals Conference Council (LCC) and Players’ Conference Council (PCC). Taking place at the same venue and at the same time of year as the 100th Convention last year, the LCC-PCC affords delegates from both councils the opportunity to exchange information and ideas on appropriate subjects regarding the good and welfare of the AFM, its locals, and its members. In short, it allows these diverse constituencies the opportunity to hold the AFM accountable.

Since I was a local officer at this time in 2016 and I was never a conference delegate, this was my first LCC-PCC. Represented in the 2017 LCC-PCC were the Professional Musicians of California, Canadian, Eastern, Illinois State, Mid America, Mid-States, New England, New Jersey State, New York State, Southern, Professional Musicians of Texas, and Western locals conferences, as well as the five players’ conferences: International Conference of Symphony and Opera Musicians (ICSOM), Organization of Canadian Symphony Musicians (OCSM), Regional Orchestra Players Association (ROPA), Recording Musicians Association (RMA), and Theater Musicians Association (TMA). The delegates of the conferences are typically officers of the conference, who are elected in conformity with the bylaws of their conferences. 

Players’ Conference leadership at the LCC-PCC (L to R): ICSOM Chair Meredith Snow, OCSM President Robert Fraser, RMA President Marc Sazer,  TMA Vice President Paul Castillo, and ROPA President John Michael Smith.

In attendance from the AFM were executive officers and senior staff, as well as international representatives (IRs). Spread out across the US and Canada, with each servicing the locals in their respective territories, the IRs are often the first line of communication between the AFM and its members. 

Essentially a weekend conference, the first day of the LCC-PCC started out with reports from AFM officers and department directors. AFM President Ray Hair spoke about the general status of the AFM since the convention, current and pending contract negotiations that he is involved with, and the long-term stability of the AFM going forward. AFM Vice President Bruce Fife discussed the recently initiated local officer training program, while Vice President from Canada Alan Willaert gave an update of AFM matters north of the border. AFM Secretary-Treasurer Jay Blumenthal presented a financial and statistical report, and talked about the International Musician Editorial Board. Following departmental reports, representatives of the AFM Employers’ Pension Fund gave a pension presentation.

In the afternoon, the delegates met as councils to formulate topics that they wished to discuss and questions that they wanted to ask. Each conference, of course, brought with it its own unique attributes and needs. As per the AFM Bylaws, the first order of business is to elect an LCC Chair. This year it was Local 7 (Orange County, CA) Secretary Tammy Noreyko, who is also secretary of the Western Conference. 

Locals Conference Council

(L to R) are AFM International Representatives Wally Malone (Western Territory), Cass Acosta (Southeast Territory), Allistair Elliott (All of Canada), and Gene Tournour (Northeast Territory).

On the second day, the LCC and PCC met with AFM officers and staff. Topics of discussion included touring and traveling issues, organizing and membership recruitment, suggestions and ideas for afm.org, and questions about the pension fund. Perhaps the most significant and possibly most overlooked detail about this event is that it is likely the only time these delegates and AFM representatives will all be together outside of a convention. I was struck by the level of knowledge and professionalism of the delegates, and by the smooth discourse between the AFM representatives and the delegates about their respective concerns.

In conclusion, this event was a very successful show of solidarity between several different constituencies within the AFM. I would like to thank all who helped to make this a meaningful event.  See you next year, delegates!    

Organizing

AFM Year in Review: Highlights from 2016

AFM International officers are sworn in by President Emeritus Mark Tully Massagli at the close of the 100th AFM Convention. (L to R): AFM IEB members John Acosta, Tina Morrison, Dave Pomeroy, Tino Gagliardi, and Joe Parente; Secretary-Treasurer Jay Blumenthal; Vice President from Canada Alan Willaert; Vice President Bruce Fife; and President Ray Hair.

AFM International officers are sworn in by President Emeritus Mark Tully Massagli at the close of the 100th AFM Convention. (L to R): AFM IEB members John Acosta, Tina Morrison, Dave Pomeroy, Tino Gagliardi, and Joe Parente; Secretary-Treasurer Jay Blumenthal; Vice President from Canada Alan Willaert; Vice President Bruce Fife; and President Ray Hair.

This December caps off another busy year for the AFM. In addition to a number of key negotiations and lobbying for legislation beneficial to our members, 2016 marked the historic 100th AFM Convention, held in June.

This convention will be remembered, not only for its historical significance, but also for the forward-thinking agenda the AFM put forth. Delegates walked away with renewed faith of what could be accomplished together. AFM President Ray Hair’s “team unity” now includes newly elected board member John Acosta, president of Local 47 (Los Angeles, CA), as Vince Trombetta stepped down from the IEB. Jay Blumenthal, previously Symphonic Services director, replaced Sam Folio as the AFM’s secretary-treasurer.

Among the nine recommendations and 22 resolutions debated at the convention, Resolution 20—“Extras and Subs in Orchestras”—held historic significance. It addressed the disparity in wages and working conditions for substitute and extra musicians in many collective bargaining agreements. An amended resolution established a new provision in the section of the AFM Bylaws “… musicians who work for full-time orchestral employers and their locals are urged to negotiate and/or maintain parity in wages and benefits for substitute and extra musicians performing with those orchestras.”

AFM Works with Worldwide Partners to Address Global Issues

At the 21st FIM Congress in Reykjavik, Iceland (L to R) 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.

At the 21st FIM Congress in Reykjavik, Iceland (L to R)
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.

The AFM made a commitment to continuing its participation as a nongovernmental organization in the activities of World Intellectual Properties Organization (WIPO). In January, AFM In-House Counsel Jennifer Garner reported on her representation of the AFM at the December 2015 session of the WIPO’s Standing Committee on Copyright and Related Rights in Geneva. The AFM took the lead in opening the discussion of fairness in digital streaming and the diversity of national laws on copyright.

The International Federation of Musicians (FIM) held its 21st Congress in Reykjavik, Iceland, June 7-9. Vice President from Canada Alan Willaert, International Executive Board member Tino Gagliardi, and International Vice President Bruce Fife represented the AFM at FIM. Of particular interest to the AFM was achieving a more representative voice within the leadership of FIM. To that end, AFM President Ray Hair was elected to the Presidium, the highest executive body of FIM, and Canada gained a seat on the FIM Executive Committee.

Working with our coalition partners, for the past 10 years the AFM has lobbied for protections for musicians traveling internationally with musical instruments. Working with the US Department of the Interior and with the US Fish and Wildlife Service (USFWS), a federal Musical Instrument Passport was introduced. It is specific to the needs of professional musicians traveling with instruments containing CITES related materials. The passport allows musicians to easily travel multiple times in and out of the US with their affected instruments.

Later, September 24-October 5, AFM Legislative-Political Director Alfonso Pollard attended the Conference of the Parties (CoP) world wildlife conference meeting in Johannesburg, South Africa. The meeting brought together 183 CITES signatory countries, as well as international organizations, to address challenges in the management of instruments that contain plant and animal materials controlled under CITES. As a result of our coalition’s work, US Endangered Species Act regulations now contain an exemption relating to legally crafted, legally owned instruments containing protected species.

The AFM has developed two manuals to support traveling AFM members: A Guide to Traveling with Musical Instruments and a pocket-sized handbook, developed in cooperation with the Carry-on Coalition. Both can be found on the AFM.org website.

AFM Lobbies for Musicians’ Interests in Washington, DC

(L to R) National Symphony Orchestra Violist and then ICSOM Governing Board Member Jennifer Mondie; State Department Program Officer Julia Gomez-Nelson; Chief Cultural Programs Division for the State Department Bureau of Educational and Cultural Affairs Amy Bliss-Iacoella; AFM President Ray Hair; and AFM Legislative-Political and Diversity Director Alfonso Pollard in Washington, DC, during Arts Advocacy Season 2016.

(L to R) National Symphony Orchestra Violist and then ICSOM Governing Board Member Jennifer Mondie; State Department Program Officer Julia Gomez-Nelson; Chief Cultural Programs Division for the State Department Bureau of Educational and Cultural Affairs Amy Bliss-Iacoella; AFM President Ray Hair; and AFM Legislative-Political and Diversity Director Alfonso Pollard in Washington, DC, during Arts Advocacy Season 2016.

The Obama Administration stepped up federal monitoring of employers who hire union-busting consultants. The new rule requires employers to report the use of consultants and their tactics, regardless of direct engagement with employees.

The death of Justice Antonin Scalia meant a number of rulings were in flux, including Friedrichs v. California Teachers Association (CTA), which attacks the funding model of public-sector unions. A vacancy on the bench meant that the Court’s ruling was a tie and the law reverted back to a past decision in the lower court, which was in the union’s favor. 

In 2016, the AFM supported the creation of specific programs to help entrepreneurs in the arts. In March, the Comprehensive Resources for Entrepreneurs in the Arts to Transform the Economy Act of 2016 (the CREATE Act) included a host of new arts-related tax proposals, in addition to arts-related proposal expansions into federal programs. Ray Hair and Alfonso Pollard committed to help members look for expanded opportunities with the federal government. The National Endowment for the Arts, the Smithsonian Institution, and the US Department of State  made commitments to include the AFM in their deliberations.

The AFM National Legislative Office continues to work with members of Congress to reform tax extender legislation focused on the film industry, while Local 47 officers and members have successfully lobbied for new state tax credit legislation designed to close loopholes in current law. AB 1199 introduced language that would require a specified amount of the total expenditures relating to music post-production be done in California, in order for a production to qualify for an added rebate. Musicians are optimistic that further development of the bill will improve upon the existing tax credit program as it relates to music scoring.

As a member of the musicFIRST Coalition, the AFM worked tirelessly with nationally recognized performance rights organizations toward passage of the Fair Play Fair Pay Act of 2015. It would establish a new benchmark in the protection of rights for creators whose sound recordings are performed on AM/FM terrestrial radio. In May, more than 40 artists flew into the nation’s capital to advocate their support of this vital piece of legislation before members of Congress. Thousands of artists from around the world, including AFM featured artists and backup musicians, could  benefit from this legislation.

New Agreements/Negotiations Protect Musicians

Members of AFM Local 47 (Los Angeles, CA) and other supporting unions such as UNITE HERE!, demonstrated and leafleted in front of Warner Bros. after discovering evidence of a “dark” scoring session.

Members of AFM Local 47 (Los Angeles, CA) and other supporting unions such as UNITE HERE!, demonstrated and leafleted in front of Warner Bros. after discovering evidence of a “dark”
scoring session.

December 2015 saw more than 50 AFM Local 47 (Los Angeles, CA) members, workers from other unions, and supporters demonstrate outside Warner Bros. against the exploitation of musicians. The group protested nonunion activity on the studio property by permitting a “dark” date by Cinema Scoring, an employer with whom AFM Local 47 has a labor dispute. News of the dark scoring session prompted swift reaction and support from the union’s labor community allies.

June 1 saw the ratification of an AFM agreement with representatives of public television employers, including WGBH, WETA, WTTW, Austin City Limits, Sesame Workshop, and Thirteen Productions for a successor National Public Television Agreement. Aside from significant wage increases, highlights include provisions that govern the use of new media that requires signatory public television employers to share with musicians the revenue they receive from certain forms of new media exploitation and a groundbreaking clip use formula. The agreement extends three years through May 31, 2019.

During the summer, negotiations began with representatives of ABC, CBS, and NBC for a new Television Videotape Agreement. Shortly after the conclusion of that initial round of negotiations, the AFM presented the networks with a comprehensive information request that will greatly assist the Federation with future meetings. In addition, negotiations continued with the major record companies for a new Sound Recording Labor Agreement (SRLA). The major focus in these negotiations has been on the licensing of sound recordings in theatrical motion pictures and television films, as well as streaming of SRLA content.

An agreement was reached with the producers of the Amazon original series Transparent to cover musicians, arrangers, orchestrators, copyists and conductors guaranteeing them fair compensation and protections. Producers at Pictrow swiftly agreed to sign onto The Made for New Media Productions Sideletter of the Basic Television Motion Picture Agreement after musicians from Local 47 spoke publicly and demonstrated. Unlike the show’s actors, writers, director, and crew, musicians were not originally covered under a union contract.

AFM Theatre Musicians
Meet at Summit

AFM Director of Touring, Theatre and Immigration Services Michael Manley hosted the first Theatre Musician’s Summit in Chicago. Geared toward concerns of local and traveling theatre musicians, the group discussed challenges and opportunities for professional theatre musicians today. The conference provided a baseline for long-term AFM strategies for championing live music in live theatre.

Among theatre triumphs this year, the NLRB ruled to allow a union election at the Wang Theatre. Two separate employers for The Legend of Zelda—Symphony of the Goddesses agreed to file proper union contracts for their productions after having been placed on the AFM’s “Unfair List.”

This year, the AFM and the Broadway League/Disney Theatrical Productions negotiated successor agreements to Pamphlet B and the Short Engagement Touring Theatrical Musicals (SET) Agreement. The new agreements include improvements that recognize the value the players bring to touring musical theatre productions. You can read more about this agreement in Ray Hair’s column on page 2 of this issue.

Symphonies See Gains, Others Reject Inadequate Proposals

After a nine-year battle, the Lancaster Symphony Musicians, members of Local 294, supported by the AFM, won the right to organize. In May, the decision let stand an earlier ruling by the National Labor Relations Board (NLRB) finding that the musicians are employees and therefore eligible to organize. While symphony management contended the musicians were independent contractors, the judge noted that the symphony “regulates virtually all aspects of the musicians’ performance.”

Other orchestras signed positive agreements, sometimes restoring pay and benefits lost in earlier concessions. In April, the musicians of the Nashville Symphony Orchestra, members of Local 257, ratified a two-year contract reopener, three months ahead of schedule, that provides raises in the 2016-2017 and 2017-2018 seasons, returning salaries to 2013 levels by early 2018.   

Among orchestras signing new contracts or extensions with raises and/or increased benefits were: Buffalo Philharmonic Orchestra (Local 92), Baltimore Symphony (Local 40-543), Delaware Symphony Orchestra (Local 21), Grand Rapids Symphony (Local 56), Grant Park Orchestra (Local 10-208), Indianapolis Symphony (Local 3), Kansas City Symphony (Local 34-627), Las Vegas Philharmonic (Local 369), National Symphony Orchestra (Local 161-710), New Jersey Symphony Orchestra (Local 16-248), San Diego Symphony (Local 325), Oregon Symphony (Local 99), and San Francisco Ballet Orchestra (Local 6).

Unfortunately, musicians of the Hartford Symphony Orchestra, members of Local  400, accepted wage concessions to save their orchestra after management threatened a shut-down. A two-day strike canceled The Philadelphia Orchestra’s season-opening gala, but a new agreement was reached that made inroads in restoring some concessions made by musicians after the orchestra’s bankruptcy in 2012. Grant Park Orchestra also briefly went on strike before signing a new agreement.

Fort Worth Symphony Orchestra went on strike September 8 after voting down a contract proposal that included pay cuts. That strike continues. Musicians of the Pittsburgh Symphony Orchestra went on strike September 30, but came to a new agreement with management November 23. (See page 10).

Fort Worth Symphony Orchestra musicians rally outside the Tarrant County Courthouse.

Fort Worth Symphony Orchestra musicians rally outside the Tarrant County Courthouse.

Organizing

New TMA Leader Attends Pamphlet B and SET Negotiations

tony-damicoby Tony D’Amico, Theatre Musicians Association President and Member of Local 9-535 (Boston, MA) and Local 198-457 (Providence, RI)

The Theatre Musicians Association’s 21st annual conference was held mid-August in Washington, DC. At the end of the conference, I had the honor of being elected president of the Theatre Musicians Association (TMA). After serving 10 years as director of the Boston chapter, I couldn’t be more thrilled to step into this new role and serve this remarkable organization.

On behalf of all my fellow theatre musicians, I’d like to offer my thanks and congratulations to outgoing president, Tom Mendel of Local 10-208 (Chicago, IL), and Vice President Walter Usiatynski of Local 802 (New York City) for their inspired leadership these past years. They leave some very large shoes to fill.

One of my first duties as president was to attend a week of negotiations in New York City between the AFM and the Broadway League/Disney Theatrical Productions for a successor agreement to Pamphlet B and the Short Engagement Touring Theatrical Musicals Agreement (SET), which occurred in September. Along with the typical proposals for increased wages and per diem, we asked for an assortment of increases and improvements for our traveling musicians to recognize the value these players bring to the touring musical theatre productions they enhance.

Among the items we put across the table for both Pamphlet B and the SET Agreement were an increase in rehearsal rates, and a provision that would make all weekly contractual wages and premiums pensionable. Other issues of importance were electronic instrument premiums—to address technology being operated by drummers and guitarists—as well as wage increases, and travel and hotel concerns. 

In the SET agreement, we are seeking wage and rehearsal increases, as well as raises in vacation pay and pay for those who double or play more than one instrument in the pit. One pressing issue discussed regarded local keyboard substitutes hired by touring musical productions. These local keyboard players are called in to sub on increasingly difficult keyboard books, with no additional compensation for the huge amount of time they put in to prepare these books.

While we did not reach a deal in these September sessions, AFM President Ray Hair made a strong case for paying our musicians wages and benefits that correspond to the value they bring to these productions. We have excellent input from all the AFM representatives on our side of the table, with special recognition to AFM Touring/Theatre/Booking Division Director Michael Manley and Contract Administrator George Fiddler, and valuable contributions from Player Representatives Michael Epperhart of Local 802 and Joshua Priest of Locals 802 and 149 (Toronto, ON).

We meet again in November to continue our discussions. I’m confident that in the end we will emerge with a fair contract that provides the security and compensation that these hardworking musicians deserve.