Tag Archives: union

Solidarity and Arts: Know Your Rights!

August 20, 2015 IM

by Laurence Hofmann, Contract Administrator, Communications & Data Coordinator, AFM Symphonic Services Division

Know your rights! As obvious as it might sound, it can’t be overemphasized.

There is a type of question asked by symphonic musicians about the desired collaborative relationship with local representatives and the orchestra committee, and how to solve disagreements with management. Queries may include topics such as dismissal without “just cause,” too short of breaks between run-outs, arbitrary seating, hiring orders, discrimination, wages, etc. Other strictly union questions might pertain to membership dues, rights involved, grievances, benefits, etc.

Of course, this is just a sample of the specific questions from symphonic musicians. The AFM handles a larger array of questions. Some of these are also common to other music genres, like: Can I fly with my instrument as carry-on? Is it banned under endangered species regulations? When will I receive payments for new use? And, why do film productions still go abroad to record soundtracks?

One of the sources of answers that is immediately available to you is your Collective Bargaining Agreement (CBA). You can also search the AFM document library, Opus 2012, Opus 2015, and/or watch the union educational video webcasts (covering healthcare, grievances, or many other important topics) in the SSD Resource Center on afm.org.

And don’t forget to check AFM Facebook and Twitter accounts for current information. Additionally, the AFM publication International Musician offers in-depth details. Your local bylaws and AFM Bylaws might provide guidance on a more general basis. AFM locals and symphonic player conferences publish their own newsletters. And, of course, there are other organizations with information for musicians like Content Creators Coalition and MusicFirst (my personal favorites).

To be your own best advocate, you should know the CBA for your orchestra. Your CBA alone gives directives to understand your rights (and obligations) within your orchestra. A comparative analysis of CBAs will help to put your situation in perspective with the national (and international) industry. For several decades, ICSOM, ROPA, and OCSM wage charts have provided an amazing tool to get a comparative look at CBAs. Data has been collected from CBAs and complemented by data from local unions (for example, dues) and orchestra managements (expenses, public and private funds, management salaries). At a glance, you can learn about the economics and working conditions in various orchestras. What kind of performances are guaranteed by the contract? What do they pay? What benefits are provided to musicians and at what cost to them? These are just a few examples.

The current 2014-2015 wage charts are now available to AFM musicians in an innovative format. The digital charts can be downloaded, saved, and/or printed, as needed, from our new website: wagechart.afm.org. In the coming months, this dedicated website will acquire new features to allow dynamic and interactive use of the charts, both current and past.

For example, the charts will soon be updated in real time with delegates able to change their data immediately after successful negotiations or upon receiving data for the tax year from the union local or management. Gradually, historical data will be made available, providing an opportunity to observe an orchestra’s progress. Furthermore, AFM members will be able to search, extrapolate, analyze, and compare several orchestras and report on specific subjects. Some searches will generate tables and graphs. Every single document (charts and reports) can be saved and printed.

One of the main advantages of up-to-date searchable data is that it empowers your arguments for wage increases and working condition improvements. These wage charts are essential negotiating tools. They will provide a look at past and current information to help you change the future.

The creation of this innovative, dynamic, and interactive website was made possible through the collaboration of ICSOM Chair Bruce Ridge, ROPA President Carla Lehmeier-Tatum, and a task force composed of ICSOM Secretary Laura Ross, ROPA Secretary Karen Sandene, Richard K. Jones, and OCSM President Robert Fraser. I thank all of them for their valuable input in support of this alternative to printing the charts, which was initially motivated as an environmentally friendly alternative. All the other benefits of a digital wage chart are value-added advantages that evolved from having made this decision.

Knowing your rights is the first step in being able to claim your rights. Communicating with local officers and/or consulting with the orchestra committee and union stewards are also key. United we have a stronger voice as evidenced in the Minnesota and Atlanta orchestras, which are coming back stronger than ever.

The AFM and its Symphonic Services Division (SSD) have been joining forces with other organizations and government representatives to tackle the issue of the ban on endangered species. This ban resulted in difficulties for musicians traveling with their instruments. In an attempt to ease the understanding of this complicated issue, I have edited various IM articles by AFM Political Director and Director of Diversity Alfonso Pollard into a specific guide for musicians who might have instruments containing components of endangered species—elephant ivory, tortoiseshell, pernambuco, and Brazilian rosewood. It is part of the AFM Complete Guide to Flying with Your Musical Instrument available on the AFM.org website Member’s section Documents Library, in the Legislative folder.

I’ll tirelessly keep my commitment to musician’s causes. If you have any questions contact me at (212) 869-1330 x211 or lhofmann@afm.org.

You are not alone. We all support each other. That’s why, together we are the union!

Recent News

Worker Voice Summit Scheduled for October

August 18, 2015 IM

The White House has announced its summit on worker issues, the Worker Voice Summit, will be held October 7. The summit will include a discussion of the value of collective bargaining and how to encourage collective bargaining. It will bring attention to new and innovative ways that workers are coming together to have a voice in their workplaces and engaging employers in meaningful partnerships.

“There’s an inverse relationship between union membership and the size of the cap between rich and poor,” says Labor Secretary Thomas Perez. “As the number of workers choosing to be represented by unions increased in the middle of the 20^th century, the share of income going to the wealthiest 10% declined and prosperity was broadly shared. But as union membership has steadily fallen in recent decades, the share of income going to the top 10% has steadily climbed.”

Union membership could mean an extra $200 per week for workers, he adds.

Music Business, Resources

Strategies for Effective Negotiating Teams

August 18, 2015 IM

by Barbara Owens, AFM International Representative Midwest Territory, and Negotiator

Being part of a negotiating team is time-consuming, challenging, exhausting, and rewarding. When the interpersonal dynamics work (both on our side and on management’s), the energy created as the team begins to reach agreement can be a tremendous catalyst for bringing the negotiations to completion.

A negotiating team is made up of diverse individuals coming together with the common goal of negotiating an agreement. It’s the responsibility of the group, and its leader(s), to bring out the best in each team member. In the orchestra world, we are already used to being a part of the group in our “day job” (playing in the orchestra), so it is familiar energy to be working within the group setting. Just as musicians each have a unique way of articulating a musical phrase, each negotiating team member has a unique way of expressing themselves. By listening and employing nonjudgmental feedback, we can use our familiarity with our colleagues to our advantage, even if we do not agree with them all the time.

Every team member brings unique strengths to the table. If you are a team leader—committee chair, sub-committee expert, or union leader—you have an additional opportunity to manage the strengths of individual team members and create an environment that supports effective communication and problem solving.

Listening is a critical part of what we do as musicians and also what we do as negotiating team members. In negotiations, people hearing the same information will often have different interpretations and memory retention. If you played the “telephone game” as a child, you will remember the confusion when the story was passed from one person to another, and then finally revealed at the end. Not only was the final story often completely different than the initial telling, but frequently, there were forgotten or even new details.

Your mind and imagination have a tendency to fill in the gaps when you hear information that is not clearly understood. It is critical that your team clarify every confusing detail in real-time, as the negotiations move along, both internally and with management, if necessary. Saving questions for late in the negotiations causes confusion, and may erode any goodwill that has been established between musicians and management.

Ultimately, an agreement is achieved through successful teamwork on both sides and across the table. Although we may naturally revert to our traditional musician/management roles at the conclusion of the negotiations, the lessons we learn from negotiation teamwork can establish a framework of effective communication and cooperation for the life of the agreement.

Recent News

AFM Sues Atlantic, Sony, Warner for Failing to Fund Musicians’ Pensions

August 12, 2015 IM

This week the AFM filed suit against several recording companies over digital music distribution revenue. According to the suit Atlantic Recording Corporation (Atlantic), Hollywood Records (Hollywood), Sony Music Entertainment (Sony), Universal Music Group Recordings, Inc. (UMG), and Warner Brothers Records, Inc. (Warner) failed to make pension fund contributions from foreign audio stream revenue and foreign and domestic ringback revenue.

The major recording companies’ long-held contracts with the AFM require the companies to share a portion of sales revenue with musicians. Most of the revenue was originally from record sales and later CD sales. In 1994 AFM and the recording companies entered into an agreement, subsequently renewed, requiring the companies to pay 0.5% of all receipts from digital transmissions including audio streaming, nonpermanent downloads, and ringbacks.

“The record companies should stop playing games about their streaming revenue and pay musicians and their pension fund every dime that is owed,” says AFM President Ray Hair. “Fairness and transparency are severely lacking in this business. We are changing that.”

Last year independent auditors discovered that the recording companies had not made the required revenue payments from foreign audio streams, ringbacks, and foreign non-permanent downloads. Attempts to reconcile the issues outside of court have gone on for several months to no avail.

This is the fifth lawsuit filed against major media corporations for contract violations in the past few months. Under Hair’s leadership, AFM has begun to aggressively enforce existing contracts and stand up to large corporations that fail to pay musicians when their work is reused or offshored.

The suit seeks payment for all missing revenue owed the AFM Pension Fund, late payment penalties, interest, damages and legal costs.

Recent News

New Guidance for Employee Classification

August 3, 2015 IM

Last week the US Department of Labor’s Wage and Hour Division issued clear and timely guidance on the question of which workers should be considered employees and therefore covered under the Fair Labor Standards Act. You can read the guidance the Administrator’s Interpretation at: http://www.dol.gov/whd/workers/Misclassification/AI-2015_1.pdf.

Here are some highlights:

In instances where employees are labeled something other than contractors—“owners,” “partners,” or “members of a limited liability company”—the determination of whether the workers are in fact FLSA covered employees should be made by applying an economic realities analysis.
The multi-faceted economic realities test focuses on whether the worker is economically dependent on the employer or truly in business for him or herself.
Job designation given by a company is not determinative of a worker’s employment status.
This Administrator’s Interpretation is not new. It explains long-standing and developed case law and DOL interpretations of 77-year-old “suffer or permit to work” terms. It should not come as a surprise to companies.

Recent News

Revenant: Shooting at the Outer Edge of Safety

July 29, 2015 IM

Damia Petti, president of the International Alliance of Theatrical Stage Employees (IATSE) Local 212 (Calgary, AB), says the actions of the crew of the film The Revenant went to “the outer edge of safety” though its producer insists on-set safety was closely followed. Anonymous crew members reported to The Hollywood Reporter that working on Alejandro G. Inarritu’s follow-up to Birdman was a living hell. Fifteen to 20 of them were either fired or quit during the filming, which took place in remote rural Alberta during the brutally cold Canadian winter.

“It’s a different world than being in a studio,” Petti told THR. “In my jurisdiction, we’ve gone many years with no film studios. The opinions of crew when working in extreme conditions need to be heard and I feel that at times some productions are not listening.”

Recent News

Trade Deals Need to Work for Workers, not CEOs

July 24, 2015 IM

Even though Congress pulled some last-minute political maneuvering to get Fast Track passed last month—we beat all the odds and changed the game. Despite arm-twisting from corporations and the 1%, Congress nearly defeated Fast Track thanks to pressure that millions of working Americans put on their legislators.

In the coming months, as the Trans-Pacific Partnership (TPP)—the biggest trade deal in the history of US trade deals—moves forward, Congress will have to vote on it. Working Americans need to stand together to make sure the TPP doesn’t sell out working people here and abroad, give foreign corporations special privileges to sue US taxpayers to recover lost profits, nor undermine efforts to stop climate change.

“We need to carry this momentum forward and tell our lawmakers to focus on policies to raise wages, so millions of working families don’t have to worry about putting food on the table or keeping a roof over their heads. And one way to do that is to ensure that the final TPP is as good for working people as President Obama has said it is,” says AFL-CIO Trade and Globalization Policy Specialist Celeste Drake.

Tell US Trade Representative Michael Froman and President Barack Obama to make trade deals work for working people and not CEOs by signing the petition at: https://actionnetwork.org/petitions/trade-deals-must-work-for-working-people.

Recent News

Canadian Steel Workers Victorious Over Crown

July 23, 2015 IM

Steelworkers who work for Crown Metal Packaging in Toronto, Ontario, have ended their 22-month strike with a new six-year collective agreement. The members of United Steelworkers (USW) Local 9176 will return to work August 10. On July 8, the company finally relented on its attempt to bar striking workers from returning to their jobs. The company had hired replacement workers during the dispute. Not only will all striking workers now have a chance to return to their jobs, but those who choose not to return will be offered enhanced retirement and severance provisions.

“These workers fought for nearly two years against a foreign multinational’s attempt to eliminate their union and their unionized jobs. They received tremendous support from their community and from many allies,” says USW Ontario Director Marty Warren. He thanked the many unions, community groups, and consumers who provided tremendous support, both financial and moral, to the workers and their families.

Recent News

NLRB to Rule on Postal Services at Staples Stores

July 17, 2015 IM

In August the National Labor Relations Board will rule whether the Postal Service violated its collective bargaining agreement (CBA) with the American Postal Workers Union (APWU) by outsourcing post office services to Staples stores. Typically, Staples’ employees earn about one-third as much as the average post office employee. APWU contends that the Postal Service violated the CBA by illegally subcontracting the work without negotiating with the union.