Tag Archives: union

AFL-CIO Convention Passes Timely Resolutions

Once every four years, elected delegates to the AFL-CIO Convention gather to elect the AFL-CIO Officers and Executive Council. Our AFM delegation consisted of AFM President Ray Hair, Local 65-699 (Houston, TX) President Lovie Smith-Wright, and myself. Unfortunately, due to a death in her family, Lovie was unable to attend.

AFM members from Local 2-197 (St. Louis, MO) entertained the delegates as they filed into the hall to take their seats before AFL-CIO President Richard Trumka banged his gavel bringing the convention to order. Members of the St. Louis local also played for various receptions throughout the convention.

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Ray Hair

Media Talks Driven by Streaming Growth, Part 2

This is the second of two articles on the continued rise of streaming and its effect on Federation media industry negotiations. Read the first here

Last month, we discussed the Federation’s January 2017 deal with the sound recording industry, where major record labels agreed to earmark a percentage of domestic and foreign streaming revenue toward the American Federation of Musicians & Employers’ Pension Fund (AFM-EPF), Music Performance Trust Fund (MPTF), and the Sound Recording Special Payments Fund (SPF). We also discussed the skyrocketing growth of streaming revenue from recorded music, which now accounts for 62% of total record industry income.

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WestJet’s Encore Pilots Organize

Last month, 500 pilots for WestJet Airlines’ regional carrier, Encore, formally joined the Air Line Pilots Association, selecting the organization as its bargaining representative.

In a statement, WestJet, which once took pride in its nonunion corporate culture, said, “we are disappointed by this outcome.”

 

Missouri Workers to Decide Right to Work

The Missouri Secretary of State’s Office certified 250,327 signatures of registered voters, 78% more than what was required to put the question of “right to work” on the ballot in November 2018.

The measure proposed aims to ban the collection of union dues as a condition of employment. With less than 10% of Missouri wage earners in a union, the law would hurt nonunion workers far more than union members.

“Just the name ‘right to work’ is a lie,” says Western Missouri and Kansas Laborers District Council Business Manager Tim Bell. “Federal law already protects workers from being forced to join a union. This is just a cash-grab, trying to take money out of the pockets of working people in Missouri.”

In 1978, when the right to work question was last on the ballot, 60% of Missouri voters gave an emphatic no.

Hospital Ratifies First Union Contract

Nearly four years after the initial voting took place to join the Service Employees International Union (United Healthcare Workers West in 2014), more than 500 employees at Parkview Community Hospital Medical Center in Riverside, California, ratified their first contract.

The hospital initially contested the vote, but was forced to recognize the union in November 2016. Among the goals of the workers was to improve patient care by having a voice in decisions affecting them every day. The contract will also allow the hospital to attract and retain quality workers.

Farmworker Unions Ensured Contracts Through Mediation

The California Supreme Court, in a unanimous ruling, upheld a law that aims to get labor contracts for farmworkers whose unions and employers cannot agree on wages and working conditions.

The law prevents the employers from stalling contract talk until the workers lose their enthusiasm to organize. Under the law, the California Agricultural Labor Relations Board can order mediation to achieve a contract and gives mediators the authority to set the terms of the agreement if there is a stalemate. Unions can seek mediation 90 days after demanding to bargain.

Disney Workers Want $15 an Hour

The 38,000 unionized Disney workers remain without a new contract. Disney representatives have agreed the employees deserve a raise, but they have been unable to agree with the union as to the amount.

Currently, new Disney employees earn $10 per hour, but the union wants to raise average worker pay to above $15 per hour. Disney’s offer of a 5% raise over two years has been rejected by the union.

Daryl Davis: A Life Driven by Harmony, On Stage and Off

When Daryl Davis of Local 161-710 (Washington, DC) was 15, he did what some people say you should never to do: he met his hero after sneaking backstage at a Chuck Berry concert.

Davis was always enamored with the blues and early rock ‘n’ roll icons, especially Berry. A child to two parents in the Foreign Service, he experienced the cultural lag of listening to international radio. “While my peers were growing up with Frankie Avalon and the Beach Boys, I was hearing Elvis Presley [and] Chuck Berry. I was kind of an anomaly when I would come back,” says Davis.

A self-taught guitarist and pianist, Davis copied the piano playing from Berry’s songs on the radio. He studied music in the library for hours, and sat in with local bands at gigs. When considering a career path in his junior year, Davis looked to Berry. What Davis really admired was how Berry touched people and brought them joy and happiness. “I decided that’s what I want to do,” says Davis. After his senior year, he enrolled in Howard University to study music.

Though his dream of someday playing with Berry seemed improbable, Davis began writing him letters. “I told him I was learning to play piano like Johnnie Johnson and Pinetop Perkins; I told him everything about me,” says Davis. Berry never wrote back until Davis’s 18th birthday when he got a message from Berry and a poster of the rock icon.

Pianist, author, and lecturer Daryl Davis of Local 161-710 (Washington, DC) has built his life around the promotion of racial and musical harmony.

Shortly after graduating from Howard, Davis joined the AFM and convinced a promoter to let him play piano and hire the backing band for a Baltimore Chuck Berry concert in 1981. At age 22, Davis achieved his dream.

“I went to his dressing room [before the show] and asked, ‘Is there anything in particular you want me to do on the piano’ and he said, ‘Well, you wrote in your letters you’ve been playing like Johnnie Johnson and Pinetop Perkins. Do that,’” recalls Davis.

From that day, Berry became a mentor and friend. Eventually, Davis acted as bandleader for Berry’s East Coast shows. “I learned a great deal, not only about music, but about life,” says Davis. “He was a shrewd businessman and I avoided some of the pitfalls that a lot of musicians fall into. He spent a lot of time with me and that’s certainly shaped who I am today.”

Thanks in part to that wisdom, Davis built an impressive career as a respected boogie-woogie and blues pianist. He has played with the biggest names in rock ‘n’ roll and blues, including B.B. King, Bo Didley, Jerry Lee Lewis, and Percy Sledge. He was heralded by mentors Johnnie Johnson and Pinetop Perkins for his ability to master a style of music popularized a generation before he was born.

Another key to his success was his union membership. “It’s benefitted me by being around other professional musicians—networking, getting legal advice, and contract advice. I’ve met a lot of wonderful people, serious musicians that I can call and rely upon,” he says. “It’s also a comfort knowing that there is a union that will fight for me and provide me things that I need to further my career.”

Davis also acts as artistic director for multiple groups across the country. When he’s not working, he mentors young musicians in the Artist in Residency (AIR) program at the Strathmore Institute in Bethesda, Maryland. The program teaches them about the business, including self-promotion, contracts, and booking agents.

Davis says it’s a way to give back. “[My mentors] could have easily said, ‘Don’t bother me; go learn somewhere else.’ But they sat down and showed me stuff,” he says, “and that inspires me to do the same thing for young musicians who are in the place I was some 55 years ago.”

To Davis, it means a great deal to the pass down the legacy of the music as well. Last year, he was asked to write and produce a play about the history of the blues to be shown to all fifth graders from Montgomery County School District in Maryland. “It’s important to learn the history of American music, and the blues is definitely underrated and under-taught, especially in elementary schools,” he says. “[Black musicians] have always been under-credited with the musical contributions we have made to this country. Almost every form of American music has some roots in blues, which was born out of slavery,” says Davis.

The history of blues and its roots in slavery are not overlooked when Davis talks about his decades-long mission to promote racial harmony, which has brought him face to face with white supremacists. It all began following a gig at an all-white country bar. A man came up to Davis and said that this was the first time he’d ever heard a black man play like Jerry Lee Lewis.

“He invited me to his table to have a drink,” Davis says, who explained to the man that the roots of Lewis’s music were black musicians. “The man said it was the first time he ever sat down and had a drink with a black man. I was naïve, so I kept asking why. He told me, ‘I’m a member of the Ku Klux Klan,’ and when I started laughing, he produced his membership card.”

This encounter sparked Davis to seek the answer to a question that had been on his mind since childhood: How could you hate me, without even knowing me? Davis figured the best way to answer that was to get face-to-face with Klansmen and ask. He has spent around 30 years studying the Klan, attending rallies, and setting up surprise meetings with Klan leaders who were unaware of his skin color.

Not every interaction was as amiable as sharing a drink. He calls to mind an incident at a courthouse where a group of Klansmen and women assaulted him before law enforcement intervened. Eventually he published the book Klan-Destine Relationships about his experiences.

However, Davis was welcomed by many Klansmen, in part through his music. He even played piano at a Klan funeral for Frank Ancona, former Imperial Wizard of the Traditionalist Knights of the Ku Klux Klan, whom he considered a friend. Davis says that 200 Klansmen have given up their robes after talking to him.

Though Davis is an in-demand lecturer on race relations, he has also faced backlash from those who believe his methods are “politically incorrect.” “People will criticize me and call me a sellout. It’s not that I support [racist] ideology. I support people’s right to speak their mind. I’m willing to sit down and listen to them and talk,” Davis says.

He believes dialogue is essential to improving modern race relations; there is no other choice. “If you and I agree racism is bad, then we don’t accomplish anything by talking to each other. We have to go out and find those that disagree with us,” he says.

For Davis, all his efforts on stage and off come down to the pursuit of harmony. “It is my job as a band leader to bring harmony among the voices on my stage,” he says. “When I step off the bandstand, I maintain that concept. I want to bring harmony among the people in the society that I want to live in.”

 

How do you connect with your community? Is there a cause that you support? Tell us about it. Please write to International Musician managing editor at: cyurco@sfm.org

When It Comes to Freelancing, Know Your Worth

Freelancing

by Michael Manley, Director Organizing and Education Division

 

Everyone loves to get the call, text, email, or Facebook message offering them work—especially when gigs are scarce and times are lean. Employers know you love to make music, and the best employers value and fairly reward this. The worst, however, will exploit your passion for their own gain. Before you decide to take the job, ask yourself two questions: “What should this job pay?” and “What am I worth?” Then, follow the money.

In building a freelance career, sometimes the job you say “no” to can be just as crucial as the one that you say “yes” to. Of course, a union contract is the best guarantee that the job is paying appropriate wages and contains appropriate benefits. While it would be ideal if every musician only worked union jobs, currently that is not the reality. But it is not hard to spot those jobs that should be union and that is where musicians need to ask the right questions and say “no” when appropriate. Here are a few key points to look for and some factors to consider before taking a job.

What’s the gig? Separating for-profit from public service

We all know how it works: you get an offer, which includes the type of ensemble, genre, and repertoire, venue, and most importantly, what the pay and benefits are. Before deciding to accept or reject an offer, determine the context of the employment. Performing at a local church during the holiday season? With no tickets sold or meaningful profit being realized, this gig is really one of public service. You may or may not decide to take the work based on the pay offered, the people you are performing with, the repertoire, and the mission or cause being served by the concert.

But what if tickets are sold and the performance is in a large capacity venue? This is where you have to proceed with caution.

What is the job paying, and what should it pay?

How do you find out what a job should pay? Consult your AFM local’s website for scales, or give the local a call, if the scales are not published online. Union local scales may vary according to the type of engagement, type of music, and size of the venue. Remember:  local scales are minimums, not maximums—they should easily fit into the budgets of truly professional for-profit events and concert producers.

What is the size of the venue, and what are the ticket prices?

If the venue is more than 1,000 seats and tickets are being sold at top prices, a union contract should be a given and the absence of one is a huge red flag. If there is no union protection and the wages being offered for the job are lower than union scale, why?

Who is the artist/act?

If you are being asked to play for a band, artist, or act that is a “household name,” you should never work without a union contract. The act/artist can afford union rates. If the job is being offered as nonunion and at substandard wages, it means the money the artist is paying for back-up musicians is not trickling down to you. Where is it going?

Who are you working for?
Follow the money

Who called you for the job? Is it a trusted high-profile union contractor who has booked similar jobs in the past? If not, why? A common trend now: peers who act as contractors for a job, with these musicians being offered a bump in pay to make job offers to their colleagues. They act as proxy employers—but they are not really employers. Will you receive a 1099 for the work, or will you receive a W-2? Or worse, is someone going to try and pay you with PayPal or Venmo? And who is your peer working for? This is the hallmark of a sketchy gig—one where you have no protections or recourse if there are problems. And why is a section violin player being asked to contract your work anyway? Consider what would happen if you were underpaid or never got paid. Who would you go after for the money?

Remember, if you do not have the protections of a union agreement, then you do not have any protections at all.

What about the extras?

Are you being asked to drive more than an hour to do the job? If so, mileage should be paid or professional chartered transportation should be provided. If there is a soundcheck in the late afternoon and an evening concert, you should be provided a hot meal or appropriate meal per diem between calls. The absence of both of these is a red flag. In a major venue, it is likely that union stagehands, carpenters, and electricians are working for fair union wages and benefits. If the crew member plugging in the amp is receiving a union wage, why not you?

No one is impressed by
underpaid work

It’s great to play in a large venue with “stars.” We all love to post backstage photos with artists when we get to share the stage with them. But the people who matter to your career—the top-tier players and contractors—will know when a job is undermining the basic standards and conditions that they have worked hard to achieve and maintain in their own careers. They are not impressed when you work for substandard wages. And working for substandard wages does not lead to working for appropriate wages, nor does it lead to working with the influential first-call musicians with whom you hope to share the stage as your career develops.

The bottom line

We all love to make music, and saying “no” can be hard. Emerging professionals sometimes take nonunion work because it is all they feel they can get. But a truly nonprofit, nonunion church or community theater gig is a far cry from playing with a well-known artist in a huge arena. There is some work that absolutely should be “union”—make sure you know what it is. If you are being offered substandard wages and conditions, with no union protections, don’t be afraid to say “no,” warn your colleagues, and alert your union local. You and your career will be better for it in the long run.

What can you do about sketchy gigs? Organize them! Call the AFM Organizing and Education Division at (917)229-0267 or email Director Michael Manley at mmanley@afm.org. 

FIA Issues Declaration on Sexual Harassment

In October, the International Federation of Actors (FIA) Executive Committee approved a declaration on sexual harassment, discrimination, and retaliation in the entertainment and media industries. The declaration, authored and sponsored by SAG-AFTRA, recognizes the rights of all performers to a safe and harassment-free working environment and urges the industry to work in good faith with unions and performer organizations to develop a long-term strategy to achieve discrimination and harassment free workplaces.

“The scandal involving Harvey Weinstein revealed problems that were all to familiar to women—and men—in our industry. We know that sexism in our industry is real. We know that there are sexual harassers who use their power to intimidate. And we know that this needs to change. And as union leaders we are taking a stand—we seek nothing less than a major cultural shift,” says FIA President Ferne Downey.