Tag Archives: president’s message

Fort Worth Symphony Orchestra: Big Balls in Cowtown

The holiday season is a wonderful time of year for professional musicians—a time of anticipation. It means more gigs paying better money. It is a procession of company holiday parties, Christmas pageants, and concerts in houses of worship and concert halls. The spillover of holiday bustle into the live music bars and nightclubs, and the good cheer that builds from Thanksgiving week toward the revelry of New Year’s Eve, help musicians finish the year with more bread on the table.

For many of us, because our work—our music—has taken us to a better place both artistically and economically, we are optimistic about the year ahead.

Fast forward to Fort Worth, Texas, where this holiday season, musicians of the Fort Worth Symphony Orchestra (FWSO) are working under an expired contract and battling the town honchos’ flatfooted attempts to impose unjustified concessions, made to compensate for inept management and to quench the thirst for additional rent and a bigger cut of ticket sales by their landlord, the Nancy Lee and Perry R. Bass Performance Hall.

For FWSO musicians, the 2015 holiday season is playing out against a backdrop of uncertainty and in an atmosphere of animosity and bitterness, where management wants to force a 9% wage cut, on top of a 13.5% cut imposed in 2010. Other difficult situations are occurring with orchestras located in Hartford, Connecticut; Binghamton, New York; Grand Rapids, Michigan; and Fort Wayne, Indiana. But for me, because of my history in Fort Worth, the doings in Cowtown are personal.

Never mind that the Dallas-Fort Worth economic engine is revving despite a slump in oil prices. The area has added 400,000 jobs since the great recession. The DFW economy reached $440 billion in 2014, ranking sixth in the nation and outranking most countries in the world, trumped in gross product estimates by only 17 of the world’s 196 economies.

Sounds great, doesn’t it? Great for everybody, except for the musicians of the Fort Worth Symphony Orchestra. With all that money flying around, you wouldn’t think the town would load up and take aim at an incredible orchestra that is playing at the top of its game, would you? But that’s what they’re doing.

As with many disputes that have erupted recently with orchestras that are venue-specific, some money woes can be traced to the demands of the concert hall itself.

For FWSO, the answer lies somewhere in the netherworld between the company’s mythical financial tailspin (a $600,000 deficit is alleged) and its murky dealings over the occupancy expenses and operation of its rehearsal and concert venue, Bass Performance Hall. That venue’s stated mission is “to serve as a permanent home to major performing arts organizations of Fort Worth and as a premiere venue for other attractions so as to enhance the range, quality, and accessibility of cultural fare available to the public; to promulgate arts education; and to contribute to the cultural life of Fort Worth, Tarrant County, and the region.”

In Cowtown, when you talk the talk, you gotta walk the walk, except if you’re Bass Hall. The venue threw its mission statement in the toilet in 2009 when Texas Ballet Theater, a resident company, was permitted to dump FWSO as its pit orchestra and perform a six-week season to tape, including a tape made in China at a cost of $30,000. Was that cultural enhancement? Hardly. It was pure horse hockey. It cost FWSO a six-week pay cut.

Bass Hall was built in 1997-1998 on land donated by the Bass family at a cost of $74 million in private funds. In contrast, the Ballpark in Arlington cost $174 million. Today, Bass Hall total assets stand at $74 million. And the folks there always see to it that there is plenty of green to go around for the top hands’ salaries. President/CEO Dione Kennedy hauled off nearly $450,000 Texas buckaroos last year.

Against this background, the courageous members of the orchestra have chosen to do more than just bargain hard, while extending community outreach through social media. They are standing up and standing together, live and in-person, fighting management’s wrongheaded proposals by demanding that the company provide for the orchestra in a manner consistent with the artistic power they bring to every performance.

With the support of DFW Local 72-147, FWSO musicians have found innovative and effective new ways to demonstrate their resolve to oppose regression and deliver their message—GROWTH, NOT CUTS—directly to the audience and community.

Violist and negotiating committee chair Scott Jessup, flanked by his committee colleagues, surprised a Saturday night crowd October 24 when, immediately prior to the start of the performance, he read a statement that included the following:

“Going backward is not the Ft. Worth way and dishonors the legacy of one of our oldest cultural treasures. We ask you to stand with us to show our management that these musicians, and this city, deserve a world-class orchestra with a vision for our future that promotes GROWTH, NOT CUTS.”

A few days later, prior to a Friday evening concert, 60 FWSO musicians materialized in Sundance Square, a cluster of upscale eateries and shops adjacent to the venue, and delivered an impromptu flashmob performance of Barroso’s samba, “Brazil.” The demonstration brought the contract dispute front and center to Sundance shop owners and directly to the eyes and ears of consumers whose discretionary spending is vitally important to the neighborhood, particularly when FWSO concerts occur at Bass Hall.

It appears that Fort Worth Orchestra musicians are demonstrating to management, their neighborhood, their community, and other orchestras throughout Federation land that they will do much more in the face of adversity than previously done. Their actions are those of a musicians’ union in the truest sense. For that, we owe them a debt of gratitude and our thanks and support for showing us the way. For current information about the state of FWSO negotiations, visit www.FWSOmusicians.com.

Best wishes for a happy holiday season and a healthy and productive New Year!

Public Television Contract Negotiations Have Begun

Fresh on the heels of last month’s opening round of Sound Recording Labor Agreement (SRLA) negotiations, the Federation has just finished the opening round of talks with the Public Television Industry toward a successor National Public Television (NPTV) Agreement. First negotiated in the early 1970’s, the existing agreement was reached in December 2002, and expired of its own terms in December 2005. Both the public television industry and the Federation have continued to observe the terms of the existing expired agreement and will do so until a new agreement is reached.

Our NPTV Agreement covers the services of musicians, arrangers, orchestrators, and copyists employed in the production, broadcast, and streaming of live, recorded, and filmed programs by public television producers and broadcasters. It also covers the audio and audiovisual transmission and use of covered programs in the United States and abroad.

Popular TV programs such as Austin City Limits, Masterpiece Theater, Great Performances, and Sesame Street are covered by the Federation’s Public TV Agreement, prompting attendance and participation in the current contract discussions by representatives from the Public Broadcasting Service (PBS): WGBH-TV, Boston; WNET-TV, New York; and KLRU-TV, Austin, Texas.

In addition to setting wages and conditions covering original sessions and music preparation services required by public TV producers, the contract calls for additional payments for reuse of programs after an initial broadcast cycle, foreign use payments, and payments when content produced under the agreement is released as a DVD or other supplemental markets.

Our negotiating team is comprised of experienced veterans of other recent media negotiations, and includes International Officers Tino Gagliardi of Local 802 (New York) and Dave Pomeroy of Local 257 (Nashville, TN), Local 47 (Los Angeles, CA) Vice President Rick Baptist, Local 10-208 (Chicago, IL) Electronic Media Director Dean Rolando, Local 9-535 (Boston, MA) President Pat Hollenbeck, Local 161-710 (Washington, DC) President Ed Malaga, Local 802 Vice President John O’Connor, Local 802 Electronic Media Director Steve Dannenberg, Local 802 Assistant Electronic Media Director John Painting, AFM Electronic Media Division Director Pat Varriale, AFM Symphonic Services Division Electronic Media Director Debbie Newmark, and AFM In-House Counsel Jennifer Garner.

Like our ongoing talks with the Sound Recording industry, which was the subject of my previous report in this column, the NPTV negotiations are also taking place against the rapid paradigm-shift in entertainment consumption, where flexibility rules the day. No longer are television programs available solely at a fixed hour of the day, or only from stations with static coverage areas. Content is now available 24/7 on PBS and related websites where no charge is assessed to consumers. This has accelerated the trend away from broadcast and cablecast consumption and DVD sales toward web-based digital distribution and on-demand streaming.

We are also bargaining against the backdrop of new media convergence, where the increase in available audiovisual content online from broadcasters, news organizations, social media sites, and user-generated content on YouTube have spawned an increasing array of connectivity on any device with a screen: computers, TVs, phones, tablets, and now even watches. The burgeoning flexibility in how, where, and when media is consumed—online and across all platforms—has disrupted traditional business and industrial models, organizational frameworks, and institutional status quo.

We expect that negotiations with our friends in public television will be time-consuming due to the challenges that naturally arise when bargaining amid a new techno-economic paradigm that has dramatically changed media consumption. But the industry also knows that the Federation has done its homework, that we will be negotiating this successor NPTV Agreement with our eyes open to the economic turbulence that has accompanied consumer assimilation of new media.

That said, we believe we will have a productive negotiation with public television producers, whose nonprofit tax status depends on fulfilling their stated mission—“enriching lives through programs that educate, inspire, fostering citizenship and culture, the joy of learning and the power of diverse perspectives.” That should set the stage for a fair bargain, one that can achieve progressive solutions for both sides that will serve the interests of our members now and for many years to come.

Ground Zero, Subzero—Looking Back at 9/11

Note: This is a reprint of an article I wrote as President of Local 72-147 (Dallas-Fort Worth, TX) for our local newsletter 14 years ago—three weeks after the 9/11 disaster.

My travel to New York City to attend the October 3 opening of the AFM’s Pamphlet B negotiations had assumed an entirely different demeanor in the aftermath of the 9/11  attack.

The plane from DFW to La Guardia, a Boeing 757, was only 25% full. During the usual pre-takeoff announcements, the flight attendant stated: “failure to comply with crew member instructions is a federal crime.” I had never heard that before. I wondered if the plane had a sky marshal, and if so, where that marshal might be.

Three hours later, as the plane descended toward the city, we flew over the southeast corner of Manhattan and on over Long Island. After recognizing the familiar outlines of the Statue of Liberty and the Empire State Building, I looked to find Ground Zero from among the infinite jungle of skyscrapers as did everyone else. We could not see it.

On the ground, at La Guardia, customer density mirrored that of DFW, it was amazingly slow.

I was one of only two passengers on the airport bus from La Guardia to the Port Authority terminal. Before the bus entered the Midtown Tunnel, we slowed for the “checkpoint” but avoided the long line of cars being searched. We proceeded on, arriving at 42nd Street after a short 15-minute ride from the airport. It was definitely not the city I remembered.

I had clear and vivid memories of the city, and particularly the Times Square and Midtown Manhattan areas from the numerous trips I had made over the years as an AFM officer. I remember the energy and the dynamic of the town. On my way from the hotel to Local 802 (New York City) that afternoon, I could feel the change in vibe.

There was an overwhelming sense of sadness. Walking past FDNY Ladder Company Number 54, located at 48th Street and 8th Avenue, a block away from Local 802, I was struck cold by the array of flower arrangements, cards, signs, photos, and other memorials left by a grieving public in memory of the 14 union firefighters from that firehouse alone who had given their lives to save the thousands who escaped the Twin Towers disaster.

The executive board of Local 72-147 had convened the night before, on October 1, and resolved to donate $1,000 to Local 802’s relief fund to help members adversely affected by the tragedy. I met with the Local 802 board that afternoon and presented the donation.

Broadway theater musicians, in concert with union actors and stagehands, had voluntarily reduced their salaries by 25% in order to keep the houses from going dark. The reductions would last for four weeks. Two shows—Blast and Rocky Horror Picture Show—had closed.

“We were massacred,” said one musician, referring to the September 11 attack. I was beginning to understand the depth of the anger and depression that gripped the city, but it was not until I saw the remnants of the carnage itself that I was able to approach any sense or comprehension of the horror of it.

Local 5 (Detroit, MI) President Gordon Stump and I decided to try to visit Ground Zero on Wednesday, October 3, after the conclusion of the opening day of negotiations. “Take us as far as you can to Ground Zero,” I told the cab driver. We proceeded south a good long way until I could see what would be the first checkpoint that marked the 12-block perimeter.

Thick with US Marshals, State Police, and NYPD officers, the checkpoint stopped all traffic, letting through only residents, property owners, or employees. Gordon and I walked into a world that resembled an episode of The Outer Limits.

No traffic, no noise, very little pedestrian activity, people wearing masks to help them breathe, others with breathing apparatus hanging around their necks, who had obviously been working near the site.

It was an eerie scene. After we walked another six blocks or so, we came upon another series of checkpoints across which we could not pass. From there, we stood in silence and looked down the final four blocks to Ground Zero.

None of the photos or TV images could impart the graphic horror of the destruction that lay there in that place. The debris mound was several stories tall, from which the large cranes were removing smoldering rubble. The charred hull of one of the towers stood as a backdrop to the thousands of tons of wreckage. There, as we stood frozen and speechless, President Bush’s motorcade exited from a side street and sped away.

We had been there about 15 minutes when I noticed that I had begun to cough. Gordon’s eyes were burning. The air was a mix of smoke and dust, with a noticeable odor of concrete.

On the A train back to Times Square, I could overhear the residents talking with each other in snippets about the tragedy—discussions about friends who were still missing, what they had done, and where they had been to help. People were doing what they could to deal with their personal losses. You could see in their eyes the look of folks who had been forever changed. You could also see and feel their spirit and determination to rise above the sorrow.

That spirit and determination of the people of New York City is what I brought back from the opening meetings of our Pamphlet B negotiations, which will continue for quite some time. The employers have informed us that technology has recently become available that can almost perfectly replicate the sounds of an accompanying pit orchestra for the production of theatrical musicals. The Broadway League suggested that the technology would be used to break any impasse in the negotiations.

“We don’t need you,” said the League employers, referring to our attempts to blunt their efforts to impose reduced orchestrations with fewer musicians in major markets. Their attitude was more than cold. More like subzero.

Those employers, like the board of directors of The Dallas Opera, shamelessly used the events of September 11 to adopt a conservative economic stance toward professional musicians who bring such joy into the world, and at a time when the public needs it the most.

“We are all here because music has brought us here,” I told the employers on the third day of the Pamphlet B sessions, “and music is about man’s inhumanity to man. You have a responsibility to protect the livelihood of those of us who create it,” I said.

There are lessons to be learned from the resilient human spirit we see today in New York City, and that exists everywhere in this great country. “Triumph over tragedy” and “victory in the face of adversity” have been recurrent themes since the first caveman whittled a song flute from the carcass of a dead antelope.

Our music contains that spirit. It is what saves us.

Despite such coldness, we will find that spirit, as we always do, as we confront the producers and employers in New York City and here at home in Dallas-Fort Worth.

Modern Union Busters Work from the Inside—and You Won’t Like Where They’ll Take You

Since the dawn of unions, there have been union busters. It’s an eternal dynamic between capital and labor. Generations ago, the Pinkertons lurked near factory gates with their bats. In the Chicago Haymarket riots, police and workers perished from a bomb blast during a demonstration in support of an eight-hour workday. In the Harlan County, Kentucky, coal-mining wars of the 1930s, state, and federal troops fought the union.

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Webcasters Like Pandora Should Pay More for Our Music

 

On April 29, 2015, I testified before the Copyright Royalty Board (CRB) in Washington, DC, in an effort to boost payments to musicians from digital webcasters like Pandora. The CRB is a three-judge panel that sets rates on the statutory license that covers what webcasters pay for noninteractive distribution. Below is an excerpt from my testimony.

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The Pandora – Naxos Deal: Fairness for Professional Musicians?

Below is an opinion article I authored in response to a recent deal between Naxos and Pandora, which apparently bypasses direct payment to members of performance rights royalties for digital radio through SoundExchange and via the AFM and SAG-AFTRA Fund. Digital royalties from webcasters like Pandora have been growing quickly. Unfortunately, US law also allows record labels to cut direct deals outside of SoundExchange. The new performance rights bill introduced by US Representatives Jerrold Nadler (D-NY) and Marsha Blackburn (R-TN) would ensure that statutory performance royalties are paid to performers. Continue reading

New Director, New Communications Plan, and News Briefs

By the time you’ve opened your snail mailbox, retrieved this issue of the International Musician, and perused this month’s column, our newest addition to Federation staff, Rose Ryan, will have begun her important work. In fact, odds are that, if your membership profile includes a current e-mail address, you’ve already sampled her work firsthand in our new e-newsletter, rendering the news items I’ve outlined below as old news.

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New Pension Law

Note: Although I promised to provide further details this month concerning newly concluded Federation agreements in Symphonic Media and Motion Picture-TV Film, I will defer until March in order to clarify an avalanche of questions received about new pension fund legislation and its impact upon AFM-EPF. Thanks to Fund Counsel Anne Mayerson for her assistance in preparing this month’s column.

In December, Congress passed the Multiemployer Pension Reform Act of 2014. This legislation is not currently relevant for the American Federation of Musicians & Employers’ Pension Fund (AFM-EPF) because it applies only to severely underfunded plans. The AFM-EPF is not severely underfunded.

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