Tag Archives: union

AFM 100th Convention Highlights

July 12, 2016 IM

During June, the historic AFM 100th Convention took place at the Westgate Hotel in Las Vegas, Nevada. From pre-convention regional meetings to the swearing in of officers on the final day, the proceedings ran smoothly and were a true demonstration of solidarity.

Among the many guest speakers this year were: SAG-AFTRA National Executive Director and Chief Negotiator David White; AFM & SAG-AFTRA Fund Executive Director Dennis Dreith; Actors’ Equity Association President Kate Shindle; Music Performance Trust Fund (MPTF) Trustee Dan Beck; General Secretary International Federation of Musicians (FIM) Benoit Machuel; and Executive Director Film Musicians Secondary Market Fund Administrator Kim Roberts Hedgpeth.

The various conference and association representatives—Theater Musicians Association (TMA) President Tom Mendel, Organization of Canadian Symphony Musicians (OCSM) President Robert Fraser, Regional Orchestra Players Association (ROPA) President Carla Lehmeier-Tatum, Recording Musicians Association (RMA) President Marc Sazer, and International Conference of Symphony and Opera Musicians (ICSOM) Chair Bruce Ridge—addressed the delegates.

Among the topics discussed by delegates were recommendations and resolutions for proposed changes to AFM Bylaws to help the AFM better serve the needs of modern musicians. A total of 13 specially focused committees of delegates and AFM staff met to discuss and debate focused topics, concerns, and resolutions relating to law, finance, credentials, measures and benefits, organization and legislation, International Musician, public relations, TEMPO, small locals, election, good & welfare, diversity, and organizing.

Other convention highlights included reports from AFM staff. Director of Organizing & Education/Assistant to the President Paul Frank detailed recent and current organizing campaigns in Seattle, Fort Worth, and Washington, DC. A beautiful memorial service, held on the second day, honored AFM members and staff who have passed away since the last AFM Convention in 2013.

For the most part, “team unity,” led by AFM President Ray Hair remained intact after elections. However, Vince Trombetta stepped down as an International Executive Board member and John Acosta was added. Also, AFM Secretary-Treasurer Sam Folio will be replaced by current AFM Symphonic Services Division Director Jay Blumenthal.

As of August 1, the AFM International Executive Board will consist of President Ray Hair, Vice President Bruce Fife, Vice President from Canada Alan Willaert, and Secretary-Treasurer Blumenthal, plus board members Acosta (Local 47 president), Dave Pomeroy (Local 257 President), Tina Morrison (Local 105 vice president), Tino Gagliardi (Local 802 President), and Joe Parente (Local 77 President).

Look for detailed Convention coverage in the August International Musician.

On the Cover

Weston Sprott Lays His Cards on the Table

July 6, 2016 IM

When the curtain closes for intermission at the Metropolitan Opera, the musicians step out of the pit, put down their instruments, and take a few moments to relax—and maybe even make a little extra cash. Weston Sprott, acting principal trombone for the Metropolitan Opera Orchestra describes a perfect night at work: “A Strauss or Puccini opera with a great conductor and cast, and a run of good cards at the poker table during intermission.”

But win or lose, Sprott feels lucky when he returns to the pit, working with the world’s greatest musicians, singers, and conductors. “My favorite thing about playing with the Met is listening to my colleagues in the pit and on the stage. Participating in music making at this level is incredibly rewarding,” says Sprott. “Every night provides an education in beauty of tone and phrasing.”

Up the Ante

“My first thought was, ‘Wow, this just happened,’” Sprott remembers, referring to the day in 2005 when he learned he had won the second trombone position at the Metropolitan Opera Orchestra. At 22 years old, it was undoubtedly a turning point. “More than excitement, I felt an overwhelming sense of relief, as though the pressure to find success in such a competitive world had been released.”

Sprott is a firm advocate for more orchestras to adopt the Met’s example of a fully blind audition process. “I have been a participant and observer of countless discussions about the need for orchestras to diversify their rosters and better reflect their communities,” he says. “In my experience, I have been the winner of numerous auditions where a screen was present from start to finish, but I have never won a professional audition where the screen came down.” Unfortunately, his experience is not unique.

“If you’re serious about diversifying your ensemble, the first of many steps is to raise the screen and let your ears (not your eyes) guide your artistic convictions,” Sprott advises. “Diversity will follow.”

His next thought on the day he won the Met position was of his parents, teachers, and mentors—all of whom invested countless hours in his personal and musical development. “I was thankful there would be something to show for their sacrifice,” he says.

Sprott spent two years studying at Indiana University before transferring to The Curtis Institute of Music, where he developed an especially close relationship with Nitzan Haroz of Local 77 (Philadelphia, PA), principal trombone of The Philadelphia Orchestra. A huge part of his education happened outside of school at Philadelphia Orchestra concerts; he was the orchestra’s biggest fan, religiously attending every week. “Curtis provided an atmosphere that was both demanding and supportive, leading me to believe, although much was required, I was capable,” he recalls.

His instinct was correct and was quickly validated with a whirlwind of successes after graduation. “We work in an industry where the victors get the spoils,” says Sprott. “Winning the Metropolitan Opera Orchestra position opened the doors to my aspirations as a teacher, soloist, and chamber musician.”

All In

Sprott has taken full advantage of the opportunities he has been presented with—almost to a fault. “I’m convinced that I suffer from an overdeveloped work ethic,” he says. “It’s a characteristic that is simultaneously an asset and a weakness.”

In addition to the demanding schedule at the Met—on average performing four-hour shows seven days a week—Sprott has held positions with the Zurich Opera and Philharmonia, Pennsylvania Ballet Orchestra, and Delaware Symphony Orchestra; performs in The Philadelphia Orchestra with his musical idols from his Curtis days; plays chamber music at venues like the 92nd Street Y; has been a soloist on four continents, making his Carnegie Hall solo debut in 2007; has recorded a solo album; and is on faculty at Mannes College (The New School for Music), Bard College, Rutgers University, and Juilliard Pre-College. He even helped design the “New Yorker” Weston Sprott Model trombone for the Antoine Courtois Instrument Company.

Sprott’s intense dedication started early. “When I started playing as a child, I immediately fell in love with the concept of sound creation,” he says. “My parents never had to encourage me to practice. In fact, they sometimes had to encourage me to come home from the band hall, or to put the instrument away and do something else.”

His friends shared his passion—Tim Higgins of Local 6 (San Francisco, CA), for example, who is now principal trombone of the San Francisco Symphony, was a high school classmate. The pair was in constant competition, battling for bragging rights and pushing each other to be better.

“We were the perfect depiction of iron sharpening iron: Who could play louder, faster, higher, softer?” Sprott remembers. “We went to symphony concerts on weekends and listened to Joseph Alessi’s recordings on the way to Sonic after marching band practice. Some people see spending the entire day with your instrument as discipline. We saw it as enthusiasm.”

These days, Sprott still wants to do it all—“play all the music, teach all the students, go to all the festivals”—but he’s striving to find a balance between work and rest. “Once or twice a year, my body sends me a firm reminder that I’m still only one person and there is only so much time in the day,” he says.

Even so, Sprott makes time to serve on the orchestra committee for the Met Opera Orchestra, a task that reinforces the value of AFM membership. “Beyond benefits related to collective bargaining and contract enforcement, AFM membership connects musicians of all levels and genres across the continent,” he explains. “Membership is a reminder that the work we do has value and we are not alone in our artistic pursuits.”

Pay It Forward

Knowing that his work has value is of the utmost importance to Sprott, who, above all, loves helping people. (“I think many of my friends would say that I’m someone they seek out for advice. In private, they might say that advice is sometimes unsolicited,” he admits.) Teaching, he finds, is the perfect outlet to positively influence the lives of others. Plus, he sees it as a way to “pay it forward” after being the beneficiary of great teachers throughout his training.

Some of his most rewarding teaching experiences are at the Stellenbosch International Chamber Music Festival in South Africa, which hosts talented young musicians—many of whom don’t have access to regular high-level training or don’t own their
instruments. Sprott continues his relationships with these musicians long after the festival has ended, teaching via Skype or even sponsoring them to visit New York City and get a glimpse into the lives of full-time professional musicians.

Beyond bringing a wealth of knowledge to impart on the students each summer—this year will be his sixth—Sprott also brings donated instruments with him. “Here’s my shameless plug: If you have a decent instrument that you never use and that would be better off in the hands of an enthusiastic young musician, please contact me!” he implores.

Sprott puts a great deal of thought and energy into helping his students, and he advises them that it is paramount for any aspiring musician to have incredible enthusiasm for the craft. “Enthusiasm fuels work ethic,” he says. “John Wooden once said that work without joy
is drudgery.”

He also encourages students to be multi-dimensional. “In addition to being a great player, work to be a great writer, speaker, teacher, historian, or recording engineer,” he suggests. “Even for those who are fortunate enough to make a living from playing alone, great satisfaction can come from having multiple outlets of expression.”

Outside of performing and teaching, Sprott reads nonfiction (he leans toward books on self-improvement, interracial relations, and interpersonal skills). He is an avid sports fan (rooting for the Philadelphia Eagles and the Indiana University Hoosiers), with a passion for travel (the vacations he and his wife take every year are preceded by a lengthy discussion about whether or not he is allowed to take his trombone along!). He’s also perfected his response to the comment that he looks like President Obama. “I’m a big fan of Obama … so, when I’m told I resemble him, I chuckle and take it as a compliment,” he says.

And, of course, there’s poker—lots of poker. “We play at every break of every [Met] performance and rehearsal,” Sprott says. “It’s tons of fun and a nice income supplement, often times courtesy of select colleagues who, for this article, will remain unnamed.”

Sprott is lucky at the poker table and is certainly having a great run in his career. “In my experience, there is no shortage of worthwhile opportunities available to those who work hard, treat people with dignity, and keep their focus on generosity of spirit and being good to others,” he says, noting that he is content to let his next steps unfold organically. “What I know for sure is whatever comes next will be done with these values in mind.”

We can bet on it.

Officer Columns, President's Message

New Public TV Contract Ratified

July 6, 2016 Ray Hair

I am pleased to report that after three rounds of negotiations, starting in October 2015, the Federation reached agreement with representatives of public television employers including the Public Broadcasting Service, WGBH, WETA, WTTW, Austin City Limits, Sesame Workshop, and Thirteen Productions (formerly Educational Broadcasting Corporation) for a successor National Public Television Agreement. The agreement was ratified June 1, and will extend three years.

In the last decade, employers in all quarters of the commercial television industry fought to deny fair compensation to musicians, to expand their own rights, and to deny union jurisdiction (and thus the path to negotiating fair deals) over products made for new media platforms. Unfortunately, in past union administrations, television employer intransigence was never met with a firm union resolve to fight through to reasonable conclusions. As a result, this administration inherited a tangle of television agreements that were expired and/or enmeshed in years-long and seemingly endless negotiations.

It has taken time to put our television house in order, but we have done so. We took on the tough negotiations, fought nose-to-nose when necessary, and showed the various employer groups an unflagging commitment to asserting our rights and obtaining fair deals.

Using an approach that has been both militant and deliberate, we worked through the AFM’s outstanding television agreements and concluded deals—including successors to the TV Videotape Agreement, the Country Music Television Agreement, and the Basic Television Film Agreement—that benefited musicians and put the Federation on a firm footing for future negotiations.

Our determined resolution of the commercial television agreements formed the background for the recent successful negotiation of the National Public Television Agreement. That agreement had expired, and was left to languish in 2005 under my predecessor. The employers were perfectly content to let it languish forever. In frank terms, they had no interest in reaching a new agreement; it suited them to simply extend the 2002-2005 agreement perpetually with no increases.

That is a recipe for disaster, and having reached progressive agreements with the commercial television employer groups, we went on to confront public television. We insisted not only that the holding pattern must end, but that musicians must see real economic gains in a new agreement.

The resolve of our negotiating team and this administration’s willingness to take on the tough negotiations with media employers enabled us to accomplish our goals and deliver a good deal—including an immediate 8% wage increase, an additional 3% wage increase in the second year, another 3% wage increase in the third year, increased health & welfare contributions, increased pension contributions, increased cartage payments, provisions governing new media, and a groundbreaking clip use agreement.

The Federation firmly adheres to the principle that musicians deserve reasonable payment when clips of music they performed on one television program are used in a different television program, or in other media. However, the lack of established rates for clip use often has made the collection of clip payments difficult and ad hoc; and the distribution of clip use payments to musicians who performed on older programs, where documentation is sometimes lacking, can pose its own difficulties.

The new agreement firmly establishes, in explicit terms, the obligation to make clip use payments when a clip from a program produced under the National Public Television Program is licensed into any other program, and, in addition, when a clip from a program produced pursuant to another AFM agreement is licensed into a National Television Agreement program.

This new agreement will, for the first time, require signatory public television employers to share with musicians the revenue they receive from certain forms of new media exploitations. Specifically, they will be required to share the covered exploitation revenues with musicians at the same rates as commercial television producers under the TV Videotape Agreement.

Although the rates are the same as the commercial television rates, we believe that the payment provisions in this agreement are more favorable, because they place the payroll costs of these exploitation payments (such as the employer’s share of social security contributions) squarely on the employers, instead of deducting them from the exploitation payments themselves.

In sum, the Federation has put the same foot in the door with public television that it, and the other guilds, put in the door in the commercial television world (and that SAG-
AFTRA has negotiated in its public television agreement). New media issues will continue to occupy the attention of all the guilds, and the Federation, in future bargaining.

I offer my heartfelt thanks to our negotiating team and staff who worked hard and with great dedication to obtain such favorable results. The negotiating team included AFM International Vice President Bruce Fife and representatives from the following locals: Local 802—President and Executive Officer Tino Gagliardi, Vice President Andrew Schwartz, Electronic Media Services Supervisor Steven Danenberg, and Administrative Assistant John Painting; Local 47—President John Acosta, Vice President Rick Baptist, and Electronic Media Division Administrator Gordon Grayson; Local 257—President and Executive Officer Dave Pomeroy; Local 10-208—Electronic Media Representative Dean Rolando; Local 9-535—President Pat Hollenbeck; Local 161-710—President Ed Malaga. AFM staff on the negotiating team were: Electronic Media Services Division Director Patrick Varriale and Director Electronic Symphonic Services Division Deborah Newmark. Special thanks to Counsel Trish Polach of Bredhoff & Kaiser for her tireless efforts in these negotiations.

Recent News

Canadian Orchestras Reach Out to Broaden Their Audiences

July 1, 2016 IM

by Bernard LeBlanc, Director AFM Symphonic Services Division Canada and Christine Little Ardagh and Steve Mosher, Associate Directors AFM Symphonic Services Division Canada

Globally, symphony orchestras have had to creatively engage with their communities and audiences in the past several years to increase their health and sustainability, and Canadian orchestras are no exception. These four orchestras from different regions of the country are trying new ways to communicate with and educate the younger generation, while they develop broader audiences across all age groups. These are examples of the kind of innovation being developed by many of today’s music organizations.

Vancouver Symphony Orchestra

Vancouver Symphony Orchestra (VSO) in British Columbia has been extending its profile within the community and building new audiences with a busy and far-reaching summer season. Their yearly concert at Deer Lake Park in Burnaby is free to the public and attracts as many as 10,000 people each year. They also regularly perform at Bard on the Beach, an outdoor theatre festival.

Their most exciting new initiative is in Whistler, British Columbia. In summer 2013, they began performing free outdoor concerts at the Whistler Olympic Plaza. In 2014, they created the Vancouver Symphony Orchestral Institute. Run in conjunction with the concert series, it offers students aged 15 to 25 a once-in-a-lifetime comprehensive orchestral training program. The young musicians, who audition to take part, play in the Whistler Institute Orchestra, rehearse and perform chamber music, attend master and repertoire classes, and receive instrument-specific instruction from faculty. Student and faculty recitals, as well as a concert featuring the Whistler Institute Orchestra, are added to VSO concerts to create an exciting and diverse audience experience. This year students will perform Stravinsky’s The Rite of Spring and Don Juan, by Strauss, directed by VSO’s Maestro Bramwell Tovey.

Orchestre Symphonique
de Montréal

Across the country, in Québec, the Orchestre Symphonique de Montréal (OSM) is planning the fifth season of its very popular La Virée Classique. The orchestra generally kicks off the event on a Wednesday night with a free concert that draws tens of thousands of people to the esplanade of the iconic Olympic Stadium. This year’s opening performance will feature excerpts from Gustav Holst’s The Planets, conducted by OSM Music Director Kent Nagano. In celebration of athletes from Canada and around the world who inspire us, 100 young Québec athletes will participate. In the four-day program renowned guest soloists will perform with the orchestra, as well as with OSM musicians in chamber music concerts.

The 2016 lineup comprises chamber music concerts, orchestra concerts, and many activities to interest and entice a wide range of audience members, including children. Last year children were treated to face painting and a make-your-own-instrument atelier. There are informal talks such as a Q&A corner with OSM musicians, conducting 101, and workshops featuring musicians and their instruments. This enormously popular festival takes over the whole of Place des Arts, with all five halls hosting concerts and special stages set up for various activities. Incredible momentum and excitement builds during the program. By the time the last note of the last concert is played, everyone is on a high! The concerts are priced accessibly at $10 to $40. This year’s 30 concerts, scheduled to run August 10-13, include 19 that are free.

National Arts Centre Orchestra

The National Arts Centre Orchestra’s Alexander Shelley has been music director of this Ottawa orchestra since September 2015. One of his first initiatives was the commissioning and creation of Life Reflected, a multi-disciplinary piece blending music, literature, dance, photography, and film. Shelley, in researching the culture and history of our country, was inspired by the stories of four remarkable Canadian women, each determined to find her own voice despite extremely difficult circumstances. Creative Producer Donna Feore, who collaborated with Shelley for two years in the creation of this new work, was key to its successful production. The four women featured in the work are author Alice Munro, astronaut Roberta Bondar, poet Rita Joe, and the late Amanda Todd, a teen victim of cyberbullying.

All of the music was commissioned and written specifically for this project by four talented Canadian composers. All of the audiences’ senses are engaged with the inclusion of a live singer, several actors, dance on film, and graphic design elements, with the orchestra as a “character” in the piece. Included in the May premiere of the piece were apprentices of the Institute for Orchestra Studies, a program established by former NACO Music Director Pinchas Zukerman nine years ago to help prepare talented young musicians for successful careers.

Orchestra London

Musicians of Orchestra London, in London, Ontario, have had a challenging two years. In December 2014, operations of the ensemble were shut down due to massive budget shortfalls, and in May 2015, the organization formally filed for bankruptcy. In spite of these setbacks, the musicians were able to self-organize and have continued to be creative in their ongoing efforts to promote their orchestra and classical music within their community, through collaboration with other local arts organizations, and performances in new and sometimes unusual places. They tweet and have a constant, and sometimes humorous, presence on Facebook, in addition to their website and blog.

In October 2015, the musicians invited Londoners to take part in an online survey as a way to engage the community in future planning and strategizing. In 2015,
#WePlayOn (former musicians of Orchestra London) performed more than 15 concerts to keep up their visibility and profile. These were planned entirely by the musicians and put on using private donations and ticket revenue, as well as donated services. They have honoured Orchestra London subscriber concert tickets for their performances in restaurants, churches, and high school auditoriums. As the musicians say on their website, they have “boldly and ambitiously played on” because they believe their community deserves a professional orchestra, performing live music, right there in London!

Two of London’s popular summer music festivals, Sunfest and Home County Folk, both held in London’s Victoria Park, included
#WePlayOn performances. (These are new opportunities for the musicians who, as Orchestra London, never had a summer season). The Sunfest website highlighted the commitment of the #WePlayOn musicians to “providing the people of London, Ontario, with music for all tastes, performed at the highest artistic level.” Their first concert of the 2015-2016 season was Beethoven’s 9th Symphony, with well-known conductor Bramwell Tovey, followed by a Messiah performance in December, and a collaborative Christmas concert with local Amabile boys’ and mens’ choirs. With the help of a grant from the City of London, the musicians were able to continue playing into the spring with five more concerts. These concerts featured eclectic programs with music ranging from the classic (Handel, and Haydn) to the popular (Music for Heart and Breath by Arcade Fire composer Richard Reed Parry).

#WePlayOn musicians have applied for a number of grants to allow them to begin planning their 2016-2017 season and to hire staff to take care of basic administration tasks. They have received charitable status as an organization, which will help with soliciting donations, and they are continuing to recruit new board members. The remarkable enthusiasm, energy, and creativity of the musicians have made it possible for them to continue to have a profile within their community and work towards re-establishing a permanent presence. The next crucial undertaking will be rebranding the orchestra; they hope to move on from the WePlayOn name in fall 2016. They can still be found on Twitter with #WePlayOn, or on Facebook and the web by searching “Musicians of Orchestra London.”

These four orchestras, like others across Canada, are exploring the impact of many kinds of performances and activities—presenting free concerts for thousands of people at a time, including children’s activities to introduce the “little ones” to the magic of sound, collaborating with local choirs and with young aspiring musicians, presenting workshops on specific instruments and conducting, and having active and engaging profiles on social media sites. These innovations will develop wider and more appreciative audiences and help to ensure continued viability within their communities.

Recent News

Freedom of Information … Act! Information Locals Are Entitled

July 1, 2016 IM

by Todd Jelen, Negotiator, AFM Symphonic Services Division

Most seasoned orchestra committee members and local officers know that they are entitled to information from their orchestra during negotiations. Did you also know that the local is also entitled to information to help administer the contract, when it is not in negotiations?

Even if your contract doesn’t have specific language regarding this, your local is entitled to request any information necessary and relevant to contract administration and bargaining. Having this information can mean the difference between competently representing musicians and flying blind in a storm of half-truths.

Many locals do not receive the basic payroll information they’re entitled to. Locals often receive checks for work dues with no explanation where they were deducted from, the number of services played, rate of pay, health and welfare and pension payments made, doubling, cartage, and numerous other compensation categories that are negotiated in our collective bargaining agreements. Without this detailed information, locals cannot accurately represent musicians on occasions when doubling might accidentally not be paid, or if a section musician wasn’t compensated properly when they filled in for a sick or absent principal.

Another concerning trend is the lack of transparency when documenting the discipline and dismissal of musicians. The local needs this information to accurately assess whether or not the discipline is valid before the decision to file a grievance is made, as well as during the grievance process. This information is crucial to ascertain if the punishment was fair, if timelines were followed, or if any evidence exists that would help exonerate the musician.

Quite often, when locals request information outside of negotiations they encounter management pushback. They commonly hear: “If there is a problem, musicians can ask us about it and we will fix it for them” or “this is a private matter between the orchestra and its musicians.” These statements, whether intentionally nefarious or not, violate the very tenets of unionism.

The union is the sole representative of musicians and has a duty to represent all musicians regardless of membership status, or status in the orchestra. Refusing to furnish information to maintain the contract is a violation of the National Labor Relations Act. Without this information, our locals cannot properly investigate potential problems and are at risk of not fulfilling their duty of fair representation.

Sometimes musicians will inadvertently enable management by requesting information be withheld from the local because they feel embarrassed or they think that they can handle issues on their own. Musicians that help to conceal information are robbing themselves of union protection. This also increases the chance that other musicians will have the same problem. If all musicians know about all issues in the workplace, recurring infractions are less likely.

Ask your local secretary what information your orchestra provides with regard to the maintenance of your contract. If your local receives anything less than what I described in this article, please work together with your local to contact me and we’ll discuss a plan of action. Only when we have the information we need and are entitled to receive, can we successfully represent the needs of our musicians in the workplace.

Recent News

Face Time or Screen Time?

July 1, 2016 IM

by Barbara Owens, AFM International Representative Midwest Territory and Symphonic Services Division Negotiator

I come from the pre-computer/pre-smartphone era of writing letters and making telephone calls with a rotary dial phone (I even remember our family sharing a “party line”). In this electronic age, many of us feel challenged to maintain communication that has more substance than an impersonal conference call, quick text, or group email. Electronic communication certainly has advantages of flexibility and immediate accessibility, but the drawbacks, especially when it comes to group communication or decision making, can create misunderstandings and frustration.

Many experts agree that face-to-face meetings, even if conducted via Skype or another video chat program, are the optimal way to bring diverse groups into an environment where complex discussions can be undertaken and decisions can be made. Craig Jarrow, from Time Management Ninja, says, “You don’t have to be ‘in person’ but you have to ‘be there.’” In other words, how do you really know that you have the undivided attention of all the participants on a non-video conference call? If participants give into the temptation to multi-task, your call may be longer and less productive than you wish.

As musicians, we are so in-tune with the nonverbal cues of our orchestra colleagues that we might do ourselves a disservice when we bypass in-person or video chat meetings for the ease of a group conference call. We do better when we can see those we are communicating with; seeing the people you are talking with engages them and you more directly. (Also, it’s much harder to say no or disagree with someone when you have to look them in the eye!)

Written electronic communications can be even more problematic. We have all received those middle-of-the-night emails containing an emotional reaction to a negotiation proposal or situation of a colleague that can set in motion a never-ending email chain of reactions from people in the address loop. While you may think these types of emails provide a space for venting, at any time one email—or even one sentence—taken out of context has the potential to wreak havoc. Resist the temptation to “reply all” when you are in this situation. Picking up the phone for a one-on-one conversation, and then following it with a video chat for the group, if necessary, can alleviate unnecessary drama and confusion.

We are fortunate that musicians who have multiple employers in multiple locations can use video chats, texting, and email to keep current with news from their orchestras, their local, and the AFM. During negotiations, I have seen negotiating committees reach out electronically to absent committee members or colleagues for input on specific issues. This is a great benefit of technology that allows us all to participate and stay connected. But electronic communication is a tool, not a replacement for face-to-face communications. Electronic communication is easy, convenient, and efficient, but it does not have the emotional power of direct communication.

Recent News

Revenue Sharing in Symphonic Media Agreements—When Are You Owed Money?

July 1, 2016 IM

by Deborah Newmark, AFM Symphonic Services Division Director of Symphonic Electronic Media

What exactly is revenue sharing and how does it work under symphonic media agreements? Those are questions we frequently hear in the Symphonic Services Division. Join me now on an exploration of everything you ever wanted to know about the subject of revenue sharing.

The concept of revenue sharing has existed for decades in the symphony, opera, and ballet world, but the methods used have morphed over the years from agreement to agreement. Now there are revenue sharing provisions in the Integrated Media Agreement (IMA), as well as the older, but still used, Live Recording Agreement, AV Agreement, and Internet Agreement.

The general idea is simple. The employer makes an upfront payment, if required, to its musicians in accordance with the applicable agreement. The product then goes into the distribution pipeline. Sales dollars drift in. The employer recoups its direct costs from those initial sales dollars, after which they must start sharing revenue with the musicians, as per the terms of the national agreement. Most often this is a 60/40 split of net revenue with 60% going to the musicians.

Under the terms of the IMA, the employer distributes the recorded product in a variety of mediums or enters into a license with a third party to distribute—but not own—the media produced. The rare exception to the ownership requirement is television, which is rarely owned solely by the employer.

Our agreements are designed as a collaborative model requiring the orchestra committees, or in some orchestras a media committee, to be on the front lines participating in discussions with the employer regarding the artistic and financial aspects of each project. This includes a thorough review of the costs incurred by the institution in producing the media product. This is a vitally important step. The only way musicians know when they are due revenue is if they have determined these direct costs in advance. It is only after the direct costs have been recouped that the musicians begin receiving a revenue share.

Orchestra committees should become familiar with how this works and what their responsibilities are in helping to pilot these projects. Consider what happens if this is not done in advance. The product is released, sales dollars are being generated to the institution, and no one knows when or if they are due a revenue share because those direct costs to the institution were not agreed-upon in advance. This has happened often enough to be of concern.

Projects brought to the committee at the last minute are another concern. This is disrespectful to the musicians and the process. These collaborations take time. Being asked to rush through the process in order to say yes to a project at the last minute strips away the very underpinnings of agreements. In quiet times, it is advisable to remind your employer of how important it is to come to the committee well in advance of the date a project is scheduled to begin. That way, the budgets can be reviewed, questions can be asked, adjustments can be made, and if required by the agreement, votes of the orchestra can be taken to approve the project.

When reviewing budgets, one area of concern is the proposed payments to producers and engineers, which are often quite high, sometimes exceeding the total cost of paying the musicians. Needless to say, that makes it much harder to recoup the direct costs. The total cost of the project becomes too high, thereby making the possibility of ever seeing revenue sharing impossible.

If the committee makes their case to the employer well in advance, as part of the review process, it is possible to get those costs lowered. The choice of producer and engineer should never be made in a vacuum. The committee may ultimately agree that, in order to release the best product, the costlier producer and/or engineer is necessary, but that is a joint decision.

Another concern is ensuring that the committee reviews proposed third-party licensing deals well in advance. There have been situations where the employer had already entered into such an agreement and gave it to the committee as a fait accompli. That is not how the agreements are designed. The committee has the right to review licensing deals well in advance. If this step is skipped, you may find yourself in a situation with a detrimental third-party deal and very little or no revenue will trickle down to the institution.

In addition, there may be language in these third-party deals that allow the distributor to sublicense the product to other entities. That’s fine; what isn’t fine is if those sub-licensees enter into agreements that bypass the requirement to pay royalties for noninteractive streaming—something the musicians are entitled to under the Digital Millennium Copyright Act. In the symphony, opera, and ballet world, that translates into sharing 45% of the noninteractive streaming royalties as the featured artist.

We have a few ruthless sub-licensees that have entered into such agreements. The result is that the noninteractive streaming royalties do not get paid into SoundExchange for later distribution through the AFM/SAG-AFTRA Fund. Please call us if you suspect this might be an issue. Often musicians who are more aware of the potential pitfalls end up educating their employers to watch out for these deals. The employer is the copyright holder, and as a result, is entitled to a 50% share of the noninteractive streaming royalties. This can affect the institution’s royalty share simply because they may not fully understand the licensing agreements they are asked to sign in order to distribute the product.

Let’s use everything at our disposal to ensure the best possible outcome from the creation and distribution of media product in our orchestras. If you have questions please do not hesitate to contact me via email (dnewmark@afm.org) or phone (917-229-0225).

Recent News

A 40-Year Union Perspective, My Final Offer

July 1, 2016 IM

by Nathan Kahn, AFM Symphonic Services Division Negotiator

In 1976, as a first-time negotiating committee member with the Tulsa Philharmonic, our committee was frustrated by the fact that we were totally on our own in guiding our negotiations. Our local union did not know how to assist us, there was no one we could call for advice, and we had no access to other contracts across the country to learn how others dealt with similar negotiation issues. That same condition prevailed in 1979, when the orchestra was locked out for six weeks.

In September 1981, I attended a Nashville Symphony Orchestra contract meeting as the newly engaged principal bassist of the orchestra. At this meeting, the orchestra was divided over passage of a new contract, primarily due to issues of the core orchestra size—full-time musician issues versus part-time musician issues. The music director had fired two musicians because they openly opposed him on the issue of core orchestra size. Here again, the local did not know what to do in this situation.

These events and others culminated in a letter I sent in November 1982 to 30 “regional” orchestra committee chairs across the country, proposing the formation of the Regional Orchestra Players’ Association (ROPA). Now on the eve of retirement, following four years as ROPA President and 28 years as an AFM negotiator, I reflect upon my life’s work.

I was fortunate to have some of the best mentors throughout my career. As a first-time ROPA President, I received expert guidance and mentoring from former International Conference of Symphony and Opera Musicians (ICSOM) Chair Fred Zenone. Fred was a brilliant man, a dedicated labor activist, and a fine negotiator/mediator. Lew Waldeck, the first director of the AFM Symphony Department, hired me during the 1988 Nashville Symphony shutdown, and to this day, his words and teachings continue to guide and inspire me and countless others who had the opportunity to know him.

When I went to work for the AFM at the West Coast Office in June 1988, I was sent on my first negotiation assignment with the El Paso Symphony after only three days in the office. In retrospect, that was the best way to learn: dive in, take your bumps, and learn from experience. But again, I benefited from sage mentoring from Lynn Johnson, then director of the Symphony Department at the AFM West Coast Office. Lynn taught me invaluable skills in negotiation including, but not limited to, designing a sensible, methodical process, orchestra “powah” evaluation, and the art of the “off-the-record” meeting. To this day, her words, “leave no stone unturned,” guide me in negotiations and in everyday life.

Other mentors included Lenny Leibowitz, former counsel to Symphonic Services Division (SSD), who together with his then-wife Peggy, taught all of us in SSD, ICSOM, and ROPA about negotiations, arbitrations, contract administration, and unionism.

I would be remiss if I didn’t also mention retired AFM Director of Organizing Janice Galassi, current SSD Counsel Rochelle Skolnick, and my colleague, Negotiator Chris Durham. Janice taught me invaluable lessons and skills in union and internal organizing. Rochelle has advised me on countless legal and strategical issues (at almost any hour of the day or night). Thank you, Rochelle, you’re the best! Chris and I have been in the union trenches together since 1982. We’ve chewed the fat about unionism and our industry constantly since then. I have gained so much from learning his perspectives. I will sorely miss working with him.

Looking back at some 330 negotiations over the past 28 years, I feel that I did what I could. In too many cases, there was an expectation that the negotiator or counsel “could just wave a magic wand and fix it” with limited committee or rank-and-file involvement. As Lew Waldeck used to say, “There is no magic.” The ability to achieve the best possible contract is directly dependent upon an organized, dedicated committee and a rank and file willing to spend the time and energy necessary to achieve the collective goals.

The Grand Rapids Symphony (GRS) Negotiating Committee, pictured here, and the members of the GRS exemplify the best of those qualities. Going forward, it will be critical to make committee training and rank-and-file unionism training available to our orchestras across the country and to conservatory/university music students soon to enter our field. Symphony veterans will need to pass on their wealth of knowledge to incoming members, if we are to effectively sustain and build upon the current wages and conditions in our orchestras.

As for my future, I will somewhat return to my teaching roots, doing substitute teaching in area schools, setting up extra-curricular classes in critical thinking skills, and continue my passions for hiking and traveling. I will remain active in the AFM, Labor Notes, and the labor movement in general.

I feel very fortunate to have worked in the labor movement, and to have served our locals and our membership over these past 28 years. My sincere thanks to SSD Director Jay Blumenthal and all SSD personnel current and past for the opportunity to work with all of you, as well as many other AFM staff, and countless local officers and committees that help make our union a truly democratic institution.

My best wishes for a successful AFM future.

2015 Grand Rapids Symphony Negotiating Committee (L to R): Local 56 (Grand Rapids, MI) members Paul Austin, Leslie Van Becker, and Elizabeth Colpean; President Eric Vander Stel; member Diane McElfish Helle; and AFM SSD Negotiator Nathan Kahn.

Recent News

Why the AFM? Collective Action Across the Generations

July 1, 2016 IM

by Rochelle Skolnick, AFM Symphonic Services Division Counsel

I’ve been thinking a lot lately about the development of wages and conditions in American orchestras since the 1960s. Actually, “wages and conditions” doesn’t fully capture what’s been on my mind. What I’ve really been contemplating is the extraordinary development over the past 50-plus years of a symphonic work culture that allows a substantial number of orchestra musicians in this country to make a living and a livelihood in symphonic music. It was not always so.

One of my favorite nights of the year here in St. Louis is the last concert of the symphony’s subscription season, when retiring musicians are honored from the stage and at a party in the grand foyer of Powell Hall after the concert. There is food and drink and moving tributes from each retiring musician’s colleagues. A couple years ago, one of the honorees was contrabassoonist Brad Buckley, who served many years as a leader among his SLSO colleagues and famously as chair of ICSOM. The appreciation and respect demonstrated that night by Buckley’s colleagues and his management counterparts were a fitting tribute to someone who had given so much of himself over the years.

This year, I got to witness a similar celebration a week after the one in St. Louis, when I traveled back to my hometown orchestra and the Embassy Theater for my father’s final concert as principal tuba of the Fort Wayne Philharmonic. In the job for 45 seasons, Sam Gnagey saw the Ft. Wayne Phil grow its core from four to 44 during his tenure.

The musicians today have health insurance, pension contributions, and other benefits that make it possible for them to center their lives around their work in the orchestra (supplementing, of course, with teaching and other work) and to raise families and retire with dignity. I’m proud to say that some of those gains were attributable to work my dad was involved in, serving on orchestra committees, as a founding ROPA delegate, and as an officer of Local 58 (Fort Wayne, IN).

But those gains are not secure in Fort Wayne, where musicians have been working without a contract since the beginning of 2015; nor are similar gains made over the past 50-plus years secure anywhere, for any orchestra without constant vigilance and an ever-renewing dedication to collective action.

I fear that to younger generations of orchestra musicians raised in an “entrepreneurial” age of dwindling union density, the striving and sacrifice of previous generations of musicians is invisible. I worry that young musicians, who have spent their entire lives up until the moment they land their first orchestra job (and beyond, as long as they remain on the audition circuit) engaged in a Darwinian struggle for artistic survival, may not naturally adapt to a climate where collectivism brings the greatest rewards. I worry that older generations of musicians, already overstretched with existing obligations, won’t effectively pass on to their younger counterparts the lessons of history and help ignite in them the flame of collective action.

In this context, there are two things of which I am certain. First, in the absence of robust unionism, both within each of our orchestras and throughout the entire music business, we will sooner or later see all the gains we’ve made over the past 50-plus years crumble beneath our feet. And second, the AFM today provides musicians with a superb support structure for the kind of robust unionism necessary to preserve those gains and grow the industry for the next 50 years.

The lion’s share of symphonic collective bargaining takes place at the local level. The exception is Federation-negotiated media agreements, which govern creation of a product that, of course, knows no geographic bounds. Federation media bargaining allows the union to tap into the power of the “super-collective” of all musicians and ensures that compensation will be tailored to reflect the commercial value of the multitude of media products in today’s markets. But even local bargaining, between employers and local unions assisted by orchestra committees, takes place within a nurturing medium created and maintained by the AFM.

While the symphonic player conferences originated with a grain of sand—musicians’ dissatisfaction with a lack of democratic representation within their own union—ICSOM, ROPA, and OCSM are now pearls of the AFM, and are valued as such. Their networks of information sharing and collegial support, including highly effective “calls to action” supporting orchestras in trouble and annual conferences where musicians meet and share experiences, have become indispensable.

The Symphonic Services Division (SSD), created in response to demand from player conferences, functions exclusively to support symphonic musicians and their local unions. SSD maintains a wealth of resources, including wage and condition charts, a CBA database, and a series of educational webinars. And it employs a superb staff available to assist with bargaining, as well as contract administration and enforcement.

The AFM and Employers’ Pension Fund (AFM-EPF), a defined benefit holdout in a world where investment risk is increasingly shifted to pension participants, continues to provide a solid pillar for retirement security. The AFM Symphony-Opera Strike Fund and the AFM-ROPA Emergency Relief Fund provide much-needed benefits to musicians enduring a work stoppage, giving them sustenance to continue the fight.

AFM symphonic musicians benefit further from their association with musicians performing in all genres who share similar concerns about wages, working conditions, and the future of music as an art form. This larger community of musicians empowers the AFM to lobby for legislative and regulatory initiatives important to all musicians, such as those concerning ivory in musical instruments and airline carry-on rules. And all musicians benefit from the AFM’s affiliation with the AFL-CIO and its resources, connecting musicians to their union brothers and sisters working across a wide variety of industries and professions.

I know the orchestras of St. Louis and Fort Wayne are not alone in honoring retirees at season-ending concerts. In the coming season, let’s resolve that before these folks depart our stages for well-earned retirements, we sit down together with them and our newest orchestra members for a conversation about the gains the elders have seen in their professional lifetimes and the collective action with the AFM, which made it all possible. Conversations like these just might light a fire under the next generation of AFM activists!

Recent News

AFL-CIO Endorses Clinton for President

June 22, 2016 IM

The general board of the 12.5 million-member AFL-CIO voted to endorse Hillary Clinton for President. “Hillary Clinton is a proven leader who shares our values,” says AFL-CIO President Richard Trumka. “Throughout the campaign, she has demonstrated a strong commitment to the issues that matter to working people, and our members have taken notice.

The AFL-CIO will put in motion its ground campaign to elect Clinton and union-endorsed candidates across the country. Trumka pledges to run a sophisticated, targeted ground campaign, adding “With the dire consequences Donald Trump poses for America’s working families, it has to be.” Trumka praised Senator Bernie Sanders who he says “brought an important voice to this election, and has elevated critical issues and strengthened the foundation of the labor movement. We are ready to fight hard to restore faith in America and improve the lives of all working people.”