Tag Archives: union

jay blumenthal
Secretary-Treasurer

Transitions; “Read Your Bylaws!”

As we all watch the transition of government from one president to another, there are some important lessons to be learned. Even though term limits left no doubt that there would be a new president come January, given the war of words, it could not have been easy for President Obama to welcome President-elect Trump to the White House. From all reports, Obama could not have been more gracious, offering a smooth transition and his counsel in the coming years.

Elections are integral to the democratic process and often bring change. Change can be difficult, particularly for the losing candidate. Emotions run high. Rejection can hurt and may leave the unsuccessful candidate with hard feelings. Democratic unions are not immune to changes in leadership. Officer elections take place regularly as stipulated in the local bylaws. Outgoing officers may feel disappointment. Losing an election is not a pleasant experience. Nevertheless, I ask all officers to remember that, however you may feel about the result of your local’s union election, the health of the local is dependent upon a smooth transition. In the end, isn’t the health and ability of the local to carry on what’s really important?

I have heard horror stories about inappropriate transitions. In one case, a newly elected officer asked to take possession of the local’s records from the outgoing officer. Upon arriving home, the new officer found the local’s records in garbage bags left out on his front lawn! Suffice it to say, there was no transfer of institutional knowledge or offer of assistance.

Outgoing officer behavior such as this is unprofessional and hurts the membership. Transitions are hard enough without making them even more difficult by a lack of cooperation. It is the responsibility of every outgoing union officer to share their knowledge and experience with the incoming officer and make the local’s transition as smooth and seamless as possible. So please, take note of the example set by President Obama during this presidential transition. Our members are depending on you to fulfill this obligation with courtesy and professionalism.

“Read Your Bylaws!”

Ten years ago, as Local 802 financial vice president, I was asked to chair a local membership meeting that we knew would be very contentious. The meeting room was overflowing (SRO) with members and the tension in the room was palpable.

In the front row was John Glasel, past president of Local 802. Glasel accomplished many great things as president but, on occasion, he could be—shall we say, irascible? At one point in the meeting, Glasel made a statement. When I looked at him questioningly, he repeated the statement with renewed emphasis and added admonishingly, “Read your bylaws!” John knew full well the bylaws supported his view.

While I wasn’t particularly appreciative of his advice at the time, it stuck with me all these years. Looking back on it, it was excellent advice and has stood me in good stead ever since.

I share this story because the AFM Bylaws (rev 9-15-16) are currently available online at AFM.org. After logging in with your AFM ID and password, go to the Document Library/open the Bylaws folder and click on “AFM Bylaws rev 9-15-16” to open the pdf document. You can learn a great deal from the Bylaws, if you take the time to read them. The hard copy booklets (English version) are being printed and will be mailed to locals shortly. The AFM Bylaws (rev 9-15-16) are in the process of being translated to French and will be made available as soon as the translation is complete. 

Legislative Update

AFM Engages US Partners, US Fish and Wildlife Service, and 183 CITES Signatory Nations at South Africa CoP17 Meeting

For the past 10 years, the AFM has worked diligently with its US Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Coalition partners and the US Fish and Wildlife Service (USFWS) to protect and conserve endangered species, while helping guarantee the legal ownership, use, import-export, and value of musical instruments that contain CITES related materials. Our coalition’s work with the US Department of the Interior, USFWS, Department of Agriculture, and Department of Homeland Security, along with a range of international organizations, such as the International Federation of Musicians (FIM), has led to significant harmonization of both protective language for musical instruments in new USFWS regulations and global harmonization for cross-border movement of musical instruments within management authorities around the world.

What Is CITES?

As outlined on its website (cites.org), CITES is an international agreement among governments. Its aim is to ensure that international trade in specimens of wild animals and plants does not threaten their survival.

What Is CoP17?

fim

AFM Legislative-Political director Alfonso Pollard (left) and FIM General Secretary Thomas Dayan at CITES CoP17.

The Conference of the Parties (CoP) world wildlife conference meeting in Johannesburg, South Africa, September 24-October 5, brought the global community together to address the world’s biggest wildlife challenges and opportunities. (Visit the CITES website for more conference information.)

What Is Resolution Conf. 16.8?

CITES Resolution Conf. 16.8, Frequent cross-border noncommercial movement of musical instruments, was agreed upon at the CITES CoP16 held in Bangkok, Thailand, in 2013. It sets procedures for musical instrument certificates for travelers with instruments containing specimens of species listed by the convention, which allow them to avoid the need to obtain permits for every border crossing. The aim of Resolution Conf. 16.8 was to facilitate more practical and reasonable cross-border movements. In this context, parties believe the regulation should be proportionate to the potential conservation benefits and should provide a simplified procedure for individuals traveling with musical instruments for noncommercial purposes (edited from a CoP17 draft revision of 16.8).

Significance to Musicians

Professional, student, and amateur musicians, and collectors around the world, own, perform, and travel with musical instruments that they regularly use, trade/purchase-sell, import, and export and that contain component plant and animal materials controlled under the CITES international treaty. The US recently promulgated new rules under Section 4(d) of the Endangered Species Act of 1973 that effectively increased African elephant protection by placing a US ban on African elephant ivory trade. This was done in response to an alarming rise in poaching that fueled a growing illegal trade. As a result of our coalition’s work, these regulations, effective July 6, 2016, have  an exemption relating to legally crafted, legally owned musical instruments. Visit “What Can I Do With My Ivory?” at https://www.fws.gov/international/travel-and-trade/ivory-ban-questions-and-answers.html for a comprehensive explanation.

With these and other rules in effect, the US was prepared to enter into negotiations and talks with the 183 nations that came together in Johannesburg to harmonize foreign national policies relating to the treatment of animal and plant species around the world.

Benefit of Union Membership

Is this something a musician could have accomplished alone? No. The importance of the AFM’s participation in CoP17 cannot be understated, as recognized by AFM International President Ray Hair, International Vice President Bruce Fife, Vice President from Canada Alan Willaert, IEB member Tino Gagliardi, and the rest of the IEB. They worked diligently to support our participation in CoP17. Because of my predecessor Hal Ponder and my own close collaborative work with coalition members, including the American Federation of Violin and Bow Makers, the League of American Orchestras (the League), National Association of Music Merchants (NAMM), Martin Guitars, Taylor Guitars, and Carnegie Hall, on September 2, 2016, the USFWS credentialed the AFM to participate as an observer to CoP17 with speaking rights on the floor. However, only parties registered as signatories to the treaty have voting rights, which for the US is the USFWS.

The AFM and its coalition had three main goals: 1) to make effective changes to CITES Resolution Conf. 16.8 relating to frequent cross-border, noncommercial movements of musical instruments; 2) to work with the USFWS in support of its efforts to foster the US endangered species proposals; and 3) to help US musical instrument manufacturers and makers avoid harmful language that could put the musical instrument trade and musicians in peril.

Through careful preconference meetings and research, observations from CoP17 party floor interventions, presentation of a statement from President Hair at a League side event, direct talks with party delegates, distribution of joint position papers, drafting and redrafting of our own coalition intervention, and participation in drafting during floor deliberations on CoP17 Document 42 introduced by the European Union, the coalition was able to get advancements adopted that successfully amended Resolution Conf. 16.8. Those advancements include, but are not limited to:

Encouraging parties to implement the procedures in Resolution Conf. 16.8 and ensure customs officials are aware of them.

Recommending parties not require CITES export permits or re-export certificates for personally-owned instruments containing CITES-listed species, where consistent with control in trade in personal and household effects.

Recognizing that, when individuals travel with legally-acquired musical instruments that are properly owned or loaned by an institution, person, or museum for purposes of performance or competition, the instruments may qualify for personal effects exemptions consistent with Resolution Conf. 13.7 (control of trade in personal and household effects) revised at CoP16.

Encouraging harmonization of cross-border noncommercial movement of musical instruments.

Special thanks to USFWS Director Dan Ashe, Management Authority Director Craig Hoover, and staff in attendance. We could not have been successful without USFWS support behind the scenes and on the conference floor. And of course, what would an international conference in Africa be without music? So a special thanks to the remarkable dancers and drummers who welcomed us to South Africa at the beginning of the conference.

Over the next three years, the parties will work to implement these changes with an eye toward agreement for the next CoP, scheduled for 2019.

Recent News

UPS Air Maintenance Workers Vote to Authorize Strike

Ninety-eight percent of UPS Air Maintenance Workers taking part in a mail-in ballot voted to authorize a strike. Talks have been ongoing for three years. Teamsters Local 2727, representing the workers, says that the main sticking point is healthcare benefits with UPS demanding major concessions. “We’re not asking for anything we don’t already have,” says Local 2727 President Tim Boyle. A strike could ground UPS airplanes, creating a major disruption in service. However, the air maintenance workers are governed by the US Railway Labor Act, which only permits strikes after negotiations and mediation have failed.

Recent News

BC Union Wins Case for Smaller Class Size

Supreme Court of Canada has ordered British Columbia to restore contract provisions that allow teachers to negotiate class size and composition. While BC Premier Christy Clark says the government has set aside Can $100 million in case the teachers won, the British Columbia Teachers Federation (BCTF) says it could cost as much as three times that per year to right the wrong. According to one report, currently 48 primary students would make up two classes, while with pre-2002 language (before the dispute) they would have been split among three or four classes. The teachers are currently working under a six-year agreement that ends in 2019, but includes a provision to reopen negotiations depending on the outcome of court cases related to class size and composition.

Bruce Fife headshot
Officer Columns, Vice President

You Can Be Heard—NOW!

Every six months, or so, I am tasked with writing an article for the International Musician. More often than not, the impetus for the topic relates to something that I’m dealing with as president of Local 99 (Portland, OR). As I’ve stated before, it’s one of the true positive outcomes of our AFM structure, in that, as an officer of a local, I can bring the daily, real world issues directly to the international governing body, which can then lead to the change and growth required in these challenging times. 

Such is the case with this article. In recent months, Local 99 has seen a significant number of violations by employers in both our national agreements and some of our local agreements. In most of these cases, they are not circumstances that are being brought to my attention by musicians working under the agreements. They are violations that I have been able to ascertain, based on report forms, or research that uncovers new and/or false information.

Following the discovery of these contract violations, I locate and reach out to the musicians (not always so easy, as some may not be members yet), explain the circumstances, and with their help, work to rectify the situation. When successful, that usually means additional payments to the musicians in the form of wages, health care, and/or pension. In reaching out, I have been met with the full range of reactions: from “I don’t want to bother with this” to “let’s take them down,” and every level in between. In one recent case, the musician didn’t want to pursue a claim, then changed his mind, and we (the local and Federation) were able to procure almost $11,000 in wages and benefits for him.

As I ponder this situation, it naturally occurs to me that, if I’m the one catching these contract violations, covering dozens of contracts and completely different work locations, activities, and employers, this must be just a small percentage of what is really taking place. That leads me to question why the musicians working under these agreements, who often complain about not being able to make enough money, do not contact their local or the Federation about these contract violations.

There are two obvious reasons for this. The first is knowledge. If you don’t know the terms of the agreement you are working under, you don’t know how you are supposed to be treated or paid.

That is an easy fix. If it’s a national agreement, the terms are located on the AFM website for you to review. If you can’t find them on the site, contact your local and I’m sure they can help track them down. If it’s a local contract, ask for a copy, or talk with your local officer about the terms. Knowing and understanding the terms of the contract(s) you’re working under is a pretty easy way to determine if you’re being paid and treated properly.

The other reason is fear. Believe me, this is a big one and can be very difficult. You might think that, if you stand up for your right to be treated as required by the contract, which the signing company or organization has agreed to, you could be let go, not hired again, or disrespected in your music community, depending on the scope of the contract. Know that I, as a local officer, don’t want to see this happen to anyone. It is my job to deflect and take the heat away from musicians as we work through the issues. It should be noted in all these cases: the contract is between the union and the producer (employer). An individual musician does not have the authority to waive the terms of that agreement. Working together, though, we should be able to navigate the issues, protect your relationships, and get you the money you’re owed.   

Beyond the realm of these two examples, though, I’m sure there are other reasons why musicians don’t bring contract violations to the attention of their local officers. If we don’t know about something, we can’t work to resolve it. So I’m going to do something crazy here (at least it might prove to be). I would like to hear about all your reasons for not communicating with your local about contract violations, especially the wage violations that you have experienced. I encourage you to read and understand the contracts you are working under so you at least know if there are violations. You can email or snail mail me your story. Mail makes it easier to protect your anonymity, but whichever you choose, your identity will not be shared. I only ask that you identify the local you are a member of.

You can send your story to either bfife@afm99.org or to Bruce Fife, PO Box 42485, Portland, OR, 97242.

Know your value and stand up for your rights!

Officer Columns, President's Message

Staff Additions — SSD Director, West Coast In-house Counsel

I am delighted to announce two important changes to Federation staff—one in our Symphonic Services Division (SSD) located in our headquarters office in Times Square, filling a vacancy left by the election of former Director Jay Blumenthal to the position of AFM Secretary-Treasurer, and another in our Electronic Media Services Division (EMSD) at the Federation’s West Coast Office in Hollywood. The staffing changes have resulted in the addition of two of the best minds and finest lawyers to be found in the field of union-side labor relations. They are Rochelle Skolnick and Russell Naymark.

Continue reading →

Recent News

Shop Union for Your Celebrations

As the holiday season approaches, be sure to support good jobs and look for union made products for all your gift giving, celebrating, and decorating needs. Here’s a sampling of food and beverage items to look for:

Foods

• Whole turkeys: Butterball and Foster Farms

• Hams and other meats: Alexander
& Hornung, Boar’s Head, Cook’s,
Farmland, Hillshire Farm, Hormel,
John Morrell, Oscar Meyer, Sahlen’s, and Thumann’s

• Pies and desserts: Entenmann’s
and Marie Callender’s

• Side dishes, condiments, and other
ingredients: Amaral Ranches, Andy Boy, Banquet, Betty Crocker, Birds Eye, DelFresh, Dole, Gargiulo, Gourmet Foods, Kraft, Mann’s, Ocean Spray, Ore Ida, Stroehmann

• Snacks: Act II and Orville Redenbacher popcorn, Bagel Bites, Bugles, Cheetos, Cheez-It, Chex Mixes, Doritos, Frito-Lay, Mission Chips, Old El Paso, Ritz, Rold Gold, Ruffles, Sun Chips, Tostitos, Triscuit, and Wheat Thins

Beverages

• Spirits and liquors: Bacardi, Captain Morgan, DeKuyper, Gilbey’s, Jack Daniel’s, Jim Beam, Knob Creek, Maker’s Mark, Pinnacle, Seagram’s, Southern Comfort, Wild Turkey

• Wines: CK Mondavi, Chateau Ste.
Michelle, Corbett Canyon,
Dubonnet, Livingston Cellars, St.
Supery, Turning Leaf, Weibel

• Beers: Blue Moon, Mendocino Brewing Company, Budweiser, Coors, Miller, Pabst, Sam Adams, Shock Top

• Mixers and nonalcoholic drinks:
Clamato, Coca-Cola, Dr. Pepper,
Minute Maid, Pepsi, Schweppes, Sprite, V8, Welch’s

• Hot chocolate: Kayo, Ghirardelli, Swiss Miss

• Teas: Tender Leaf

• Coffees: Eight O’Clock, Folgers, Kauai, Maxwell House, Millstone

Candies

• Chocolates: Cadbury, Ghirardelli, Hershey, Rolo, Russell Stover, Toblerone, York Peppermint Patties

• Other candies: Bit-O-Honey, Dum Dums, Jawbreakers, Jelly Belly, Necco Wafers, See’s, Smarties, Sour Patch Kids, Super Ropes, Tootsie Rolls

Visit the website Labor411.org for comprehensive lists.

Recent News

Harvard Union Organizing Hotspot

The United Auto Workers Harvard Graduate Student Union came to an agreement with Harvard University officials last week that a election to vote on union representation will be held November 16 and 17.

Meanwhile, 750 Harvard Dining Hall workers reached a tentative agreement through mediation after an almost three-week strike. The strikers are asking for $35,000 per year, an end to health care costs being pushed onto them, and no concessions on retiree health care. About 95% of the workers had participated in the strike, joined by a coalition of students, faculty, and alumni.

On October 14, 11 striking workers, including UNITE HERE Local 26 President Brian Lang and lead negotiator Michael Kramer were arrested after they blocked traffic in Harvard Square in a civil disobedience protest supporting the dining services workers.

“This started out as a group of the lowest-paid workers on the richest university deciding to take a stand for themselves and their families,” says Brian Lang, the president of Unite Here Local 26, which represented the workers.

paper trail
Executive Board Members, Officer Columns

The Power of the (Digital) Paper Trail

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

I think many AFM members have had their own personal “tipping point” where suddenly the value of union membership really hit home. I had been an AFM member for about a year when I played a concert with Don Williams at Giants Stadium in the Meadowlands, not long after joining his band in 1980. It was my first ever stadium gig, which was pretty amazing in itself, and Don—as always—paid us well for the show. Unbeknownst to me, the concert was being filmed. A live clip of the song “Good Ole Boys Like Me,” which was number one on the country charts at the time, was shown on a TV show called America’s Top 10 twice over two months. I got paid more than I made for playing the concert not once, but twice. From that point on, I got it. This was my first experience with the power of the paper trail, which is a direct result of the protections of working under the AFM contract.

paper trail

Dave Pomeroy hands Local 257 (Nashville, TN) member Solie Fott a check for new use of a 1962 recording Fott performed on.

People ask me all the time, “What exactly does the musician’s union do?” That’s a question with a lot of answers! I reply that we represent the interests of professional musicians all over the US and Canada, followed by, “How much time do you have?”

If it is more than a casual inquiry, I try to ask a few questions to find out what their areas of interest and expertise are and what ambitions and goals they might have. I can then focus on the most applicable aspects of AFM membership to their situation. 

These days it’s not uncommon for young musicians to have multiple skills from songwriting, engineering, and arranging to playing a plethora of instruments very well.  Many, if not most, musicians these days are making money from numerous revenue sources, some of which are smaller than they used to be. In a constantly evolving music industry, it’s essential not to leave any potential income from your musical performances on the table. That is where the power of the paper trail works in your favor in a number of ways.

Virtually all AFM media contracts have a pension component. Pension is not something you think about much when you are young, but as someone who just turned 60, I am grateful to know that I’ll have “mailbox money” to look forward to after many years of being a working bass player. In addition, new use and re-use provisions ensure you will get paid every time your work is used in a new medium such as TV, film, and commercials.

For example, last month, a violinist named Solie Fott, a delightful man and a 70-year AFM member, came into the office to pick up a re-use check for the Patsy Cline record “Back In Baby’s Arms,” which was recorded September 10, 1962, under an AFM contract.  The song was used in a Mazda commercial and he and 11 other musicians (or their beneficiaries) have received more than 10 times what the scale was when the record was made more than 53 years ago.

Without the paper trail, we would not have been able to get this payment for him. As our digital database of session information expands, it facilitates our ability to track the new uses of existing and future recordings. When you work nonunion, what you make that day is all you ever make, and you have given away your intellectual property forever. Make sure you work under an AFM contract to maximize your potential revenue streams in every way possible.

You are what you believe
Music Business, Traveling Musician

You Are the Prophet of Your Own Destiny

Every once in a while I hear someone complain about how bad things are. We all have bad days, sometimes bad weeks. Maybe the gigs aren’t coming in as fast as you want. Maybe your calendar is full, but the gigs suck. Maybe you feel your career should be at a higher level, but you’re still stuck playing for just over scale at a place that doesn’t appreciate you. If you believe it, it must be so.

C’mon, lighten up. You could be a Walmart greeter or be doing telemarketing from a Third World country. Success or a decent break could just be a couple of choruses away.

When you think you’re stuck in a rut and serving a sentence of playing at senior homes and performing scale work at one of the local saloons, you never know who’s going to hear you and help take you or your group to a higher level. You have to be on top of your game, if you have any aspirations of getting to a higher level.

Don’t make the mistake of playing less than your best, just because a gig is the pits. If you believe you’re going nowhere, who’s to argue with you? You are the prophet of your own destiny.

How many times have these negative words and weasel phrases come out of your mouth:

“Nobody wants to hire live music
anymore.”

“You can’t make a living playing music in this town.”

“I’ll quit before I have to pay-to-play.”

“We’re lucky to get scale.”

“I hate playing this crap.”

“Nobody wants to hear good music anymore.”

“Clubs can’t pay musicians what they’re worth.”

If this is starting to sound familiar, you have two options:

1) Quit

2) Do something about it

If quitting is your option, that’s your prerogative. If you’d rather do something about it, then just don’t sit around waiting for the phone to ring. Forget the self-pity, the negativity, and the whining. Get yourself a better website, a decent updated demo video, and a quality promotional package that you can post online.

Take your social media skills to another level. Start using the phone for a little outbound telemarketing and ask for referrals. Ask yourself how bad you want more or better work? What are you willing to give up for it? Nothing comes easy. You get what you give. Are you willing to play more cover songs, if you like just doing originals? Are you willing to travel a little more, or even move if it’s necessary? Are you networking with other people in your local? Have you done a recent recording that shows your best talents? Do you have a separate brochure just for corporate work? Have you made friends with the media? Are you getting PR from them regularly? Do the guys that do morning drive on your local radio stations know you, mention you once in a while, or even play your stuff? Do you add to your e-mail list regularly? Do you occasionally send out mailings by snail-mail?

What can you do this week to get you more work or better work next week? Do a little soul-searching. Are you using the Musicians Performance Trust Fund to your best advantage so you can get exposure and become a public service to your community as well? Are your chops as good as they can be? Do you run circles around most of the other musicians in your area, or could you stand a little woodshedding to polish up your talent? Is your library of tunes current, or do you rely on what you’ve already got in the can?

You are what you believe. Attitude is important. Keep trying something new until success starts to smack you in the face. Above all, don’t complain. If you think you’re going backwards, you are. You’re an AFM member, a professional musician, and you have the inside track. Maybe it’s time to reshuffle and expand your horizons beyond the next block. Remember, if you do what you’ve always done, nothing’s going to change. How badly do you want better work? Do you want to take your career to the next level badly enough to actually do something about it right away?

You are what you believe. Those big breaks don’t just come out of nowhere. You have to make them happen.