Tag Archives: union

On Labor Day Workers Demonstrated for Minimum Wage Raise

During Labor Day, the Fight for $15 movement organized protests in 300 cities across the US. In Chicago, hundreds of fast food workers, hospital employees, and airport workers advocated for higher wages and better benefits through a series of walkouts and marches. Members of the Service Employees International Union (SEIU) demonstrated with supporters of the national Fight for $15 movement. Illinois Republican Governor Bruce Rauner recently vetoed a bill that would have raised the minimum wage to $15 an hour by 2022, arguing that it would negatively affect businesses and reduce jobs.

Fast food workers in Boston went on strike Labor Day to highlight their demand for a $15 minimum wage. In Massachusetts, the $15 minimum applies to home care workers and select companies that have chosen to offer it. A planned November 2018 ballot proposal would incrementally raise the minimum from $11 to $15 by 2022.

The $15 minimum wage has been implemented in New York City, California, Seattle, Washington, D.C., and Minneapolis.

Paul Nowell

Paul Nowell: From Jazz to Hip-Hop, L.A.’s Trombone Evangelist

Paul NowellOne of the first gigs Paul Nowell landed just out of Berklee College in 2007 was a world tour with the Glenn Miller Orchestra. The repertory was straight out of the swing era and he remembers that some of the sheet music was in Miller’s own handwriting. He says, “I thought, ‘Wow, this should be in a museum. Why am I on the bandstand reading this on a gig?’”

Nowell discovered the trombone in the fourth grade when his family moved to Cleveland, Ohio. “The band director told my parents my arms weren’t going to reach it. I didn’t care. When I found out the trombone could do the plunger sounds from Peanuts—the adult character voices—I thought, oh, that’s cool.”

By 17, he was making forays into the jazz scene, leading ensembles around downtown Cleveland. It was at one of those gigs that he met Ron Ellington Shy, the nephew of Duke Ellington—an unexpected opportunity that fortified his decision to make music a career. Two days later, Nowell was at Shy’s house working on music. He says, “I saw a lot of gold records! As a kid that was quite something to experience. He told me about playing with one of  my trombone idols, J. J. Johnson.” J. J. used to tell him that when you improvise, be aware of creating little melodies in your solo, rhythm first, then melody. If people can’t sing along you will lose them.

In the summer of 2008, right before he played the pit in the Broadway hit Memphis—which at the time was in a pre-Broadway run at the La Jolla Playhouse—he joined the union. He says he knew it was the right thing to do and it’s served him well. It’s about establishing lifelong relationships, Nowell says. “A lot of the people I went to school with are union members and we get the opportunity to work together now in the real world. It’s cool to see those relationships continue to develop.”

Now living in Los Angeles, 34-year-old Nowell of Local 47 (Los Angeles, CA), bills himself as “Paul the Trombonist” and is a much sought-out session player for big bands. He leads a three-piece horn section, directs his own jazz combo, and does solo gigs as a DJ trombonist. For the latter, he explains, “It’s me, keyboards, looping devices, and my trombone. I’ll cover pop tunes, some of the old standards. An older audience is exposed to new stuff and a younger audience gets to hear the classics for the first time. It’s like cross-pollinating so everyone can learn something new.”

Nowell has played with 10-time Grammy winning trumpeter and Local 47 member Arturo Sandoval (with whom he created a series of online videos) and considers his Berklee professor, the virtuosic Phil Wilson, a member of Local 9-535 (Boston, MA), his mentor. He says, “Phil saw what I was doing after I graduated and he came to LA to work with me to do a video series. It was an important moment; it opened a lot of doors because he’s so respected.”

Nowell promotes his instrument with rhapsodic fervor. “I’m like the Johnny Appleseed of the trombone,” he laughs, “I want people to know about this instrument, its history, and what it’s capable of.” Now his career is four-fold: educator, producer, freelancer, and Internet personality.

“If I’m playing in a great ensemble and everyone is in the zone—reading and blending, it’s fun. There’s another feeling when you’re playing in a small jazz group and you’re letting improvisation take over and it’s going great places and you’re free,” he says. “Then when I go and play in nightclubs and I’ve got all these people dancing, who might have never heard the trombone. They’re surprised by the music, that the trombone can have that affect. It’s very satisfying.”

Whether it’s presenting an Internet program, teaching a master class, or playing a music festival, Nowell immerses himself in knowledge of his instrument. For his video series on the history of jazz trombone, he transcribed 12-bar blues from 56 of the most influential trombonists up to the bebop era, breaking down each musician’s performance so the audience could hear the different styles.

“What I’ve noticed about the people I look up to is that they’re still students. They have that drive, that thirst to learn; they constantly want to get better. In the case of Arturo Sandoval, he’s like a kid when it comes to his excitement about music. It’s infectious. He gets excited about playing, learning new techniques, and studying. He’s still inspired, has that energy. It’s an important trait if you want to do this in your life.”

On his YouTube program, Bone Masters, Nowell plays host to famous trombonists he grew up listening to. You get a lesson in articulation from Local 47 member Dick Nash, different slide techniques with Alan Kaplan of Locals 7 and 47, and a languid duet with Bill Watrous. “I have an entire wall of every trombone player I ever heard,” Nowell says. “I’d study the earliest trombone players, the contemporary trombonists, and transcribe all of them, hundreds of players, from swing to bebop. I think it’s important to know where we came from in order to gain a new perspective and find your own voice.”

Nowell likes a full-bodied trombone sound, influenced by the tones of J. J. Johnson and Clifford Brown. He says, “I don’t like to overplay. I like to use space that people can latch onto so they can sing along to the melodies.”

Good lines are a priority for him. He says, “Chet Baker used to say, ‘If you have a good sound, everything you play will always sound good.’ So, for me, sound has been key in terms of what I want to convey on my instrument. And it supersedes any technical facility or trying to impress people. Phil Wilson, my mentor, always told me, ‘Paul, good lines impress. A good sound and good lines will resonate with the audience—none of that trickery. I remember I was in a lesson with him and I had learned a technique—doota lot dooo—and Phil said, ‘Knock that off.’”

He says, “It’s your trombone and the audience—just the trombone to get their attention. If you can do that with a single-line instrument, then when you get together with an ensemble, you’re going to be way stronger as a musician.”

Journey to the World is Nowell’s first record, a mix of electro soul, hip-hop, jazz, and melodic pop. He imagined it as an exploration of different galaxies. He says, “I wanted to keep the natural acoustic quality of the instrument without manipulation.” Having grown up in the electronic world, with hip-hop, dance music, and techno, he chose to fuse the sounds.

Earlier this summer, Nowell participated in the International Trombone Festival in Redlands, California, where he conducted clinics on improvisation, home recording studio setup, making videos, how music is organized, and solo playing.

Creating the Conditions for Sustainability in Recording

by Marc Ribot, Member of Local 802’s Artist Rights Caucus

Local 802 (New York City) guitarist Marc Ribot is an active member of the local’s Artist Rights Caucus.

The Artist Rights Caucus of Local 802 (New York City) congratulates AFM President Ray Hair and the AFM’s negotiating team on the impressive gains won in the Sound Recording Labor Agreement (SRLA). We share President Hair’s hope that these gains reflect a beginning of the end of the disastrous period in which our industry “reel[ed] from the erosion of traditional business models … in the context of revenues that have declined by nearly two-thirds in the last two decades.”

As President Hair’s column “Streaming Funds Pension, Residuals in New Label Deal” (March 2017, IM) made clear, these gains reflect both the solidarity of our membership, and the tough, skilled negotiations of the AFM’s representatives. They also reflect growth in the industry as a whole.

However, if this progress is to be sustainable, working musicians can’t afford to be spectators in the fight against Silicon Valley’s attacks on our rights and livelihoods. We need to understand how the mass infringement of copyright by online services continues to limit and threaten growth in our industry, and we need to continue the fight against this and other Silicon Valley attacks.

We need to understand that the 57% gain in the streaming market does not represent a 57% gain in overall industry revenue. Actual industry growth in 2016 was somewhere between 3.2% and 8%, according to the IFPI Global Music Report 2016 (ifpi.org/news/IFPI-GLOBAL-MUSIC-REPORT-2016). Although streaming revenue growth rates are up, the rate per spin continues to fall. So as streaming cannibalizes sales, it not only fails to make up the revenue from sales, but as reported on the website Digital Music News (www.digitalmusicnews.com/2017/05/16/spotify-audiam-low-rates/), it makes up a shrinking share of overall revenue. Also, we need to understand recent growth in the context of overall industry losses of more than 60% since 1999, as reported in an April 2015 Music Business Worldwide article (www.musicbusinessworldwide.com/global-record-industry-income-drops-below-15bn-for-first-time-in-history/).

New York City rank-and-file group Musicians’ Action demonstrates for Artists Rights outside hearings
on section 512 of the Digital Millennium Copyright Act being held by the US Copyright Office in the Thurgood Marshall Courthouse in Manhattan.

For growth to be sustainable, and for it to come close to offsetting the revenue lost from the dramatic decline in CD sales and legal downloads, we need to end the mass infringement of copyright taking place on YouTube and pirate sites. Until the “safe harbors” that protect online corporations profiting from mass infringement are restricted, there is no way that the streaming market can ever hope to reach its potential. Indeed, it is highly questionable whether Spotify, which has yet to post a profit, and which may soon face major challenges from songwriters and publishers, can even survive.

Musicians and creators have a tremendous stake in ensuring that online services are viable for users, distributors, and creators. We can gladly support user access to music in many different formats—including streaming—so long as our copyrights are respected and we are adequately compensated. But we will never be adequately compensated through streaming services unless all services compete on a fair and equal footing.

Right now, this is not the case. Fully licensed and legal services like Spotify, Deezer, and Apple must compete against platforms that reap ad-based profit from mass infringement (e.g., YouTube) or provide access to pirate sites (e.g., torrent sites via Google search), while hiding behind the safe harbor clauses of the Digital Millennium Copyright Act (DMCA). This unfair competition prevents the development of a true market for online music, depresses licensing revenue, slows conversion to the paid (premium) tiers of streaming services, and ultimately, takes money out of the pockets of musicians and the companies that hire musicians.  

In order to sustain the gains won in recent contract negotiations, the AFM must address these impediments. It can do so by focusing its political resources on the legislative goals outlined in the AFM and music community response to the US Copyright Offices (USCO) inquiry on Section 512 of the DMCA, mobilizing resources and membership in support of these goals, and urging the other unions and organizational signers of the music community USCO response to do the same.

The members of the Artist Rights Caucus of Local 802 understand that the futures of our livelihoods, industry, and art form are at stake. We believe that together, through our union, we can reinstate fair market conditions in our industry, and sustain the progress made in this contract into the next one and beyond. Questions or feedback for the Artist Rights Caucus can be sent to: artistrightscaucus@gmail.com.

Highlights of EMSD Special Focus Issue

Electronic Media Services Divisionby Patrick Varriale, Director AFM Electronic Media Services Division and Assistant to the President

Welcome to the 2017 Electronic Media Services Division (EMSD) focus issue of the International Musician. The EMSD is the division of the AFM responsible for servicing recording musicians (with the exception of symphonic electronic media, which is administered by the Symphonic Services Division). We are confident that this issue has articles relevant to all readers.

In this issue EMSD Contract Administrator Maria Warner Dowrich reports on the one-year extension of the Commercial Announcements Agreement; Mary Beth Blakey provides an updated list of EMSD staff dedicated to providing the utmost in service to musicians whose livelihoods are impacted by the EMSD; and Matt Allen speaks to the various soundtrack album provisions of the Basic Theatrical Motion Picture and Television Film Labor Agreements. Administrative Assistant Cecelia Gray tells readers about her role juggling a huge volume of jingle new use projects. My article below explains the EMSD’s role in the AFM’s new Officer Training Program, which is available to locals prior to regional conferences. My other article is about the importance of filing live performance contracts and how potential electronic media payments are impacted.

In this issue, you will also find informative articles from Recording Musicians Association (RMA) President Marc Sazer, Contractor Juliet Haffner, and Local 802 (New York City) member Marc Ribot on behalf of the Artist Rights Caucus. I thank them for their contributions to this issue.

Last, but certainly not least, I am especially glad to have Local 47 (Los Angeles, CA) member Carl Verheyen as the cover story for this issue. As you will read, he has had a long and successful recording career. I cannot tell you how pleased I am to have Verheyen associated with this issue.

As this issue goes to press, the West Coast Office is relocating to Burbank (from Hollywood). It is operating out of a temporary space while the new office is being prepared for opening in mid-September. Special thanks to the staff in that office for their attention to this issue during this time of inconvenience and for their sincere dedication throughout the year.

I also want to recognize the personnel in the EMSD New York Office. Over the past year, they have taken on a greater workload and I cannot thank them enough for their “day in and day out” tireless effort to the cause.

I would also like to take this opportunity to thank in-house AFM Counsel Jennifer Garner and Russ Naymark for their invaluable assistance in negotiations of our major agreements, resolving long outstanding claims, and lending their expertise to the many special agreements that this office is involved with to cover the recording work of our great musicians.

I hope you enjoy these articles. Please let us know if you any questions. We are always glad to be of assistance.

AFM Commercial Announcements Agreement Extended One Year

by Maria Warner-Dowrich, Contractor Administrator, AFM Electronic Media Services Division

I am sure many of you are aware that, in June, the AFM and representatives of the commercial announcements industry’s Joint Policy Committee (JPC) agreed to extend the term of the international Commercial Announcements Agreement for a one-year period, subject to the AFM’s ratification procedure.

This extension follows the term of the June 5, 2014 through June 4, 2017 agreement, where the AFM negotiated significant wage, pension fund, and health and welfare increases, revamped provisions pertaining to commercial announcements made for the Internet and commercial announcements made for traditional uses that are “moved over” to the Internet, and agreed to terms for creating a provision for commercial announcements made for all media uses (television, radio, foreign use, nonbroadcast use, and Internet) for a one-year period.

Given the success of those negotiations, it was decided that there was no immediate need for “across the table” negotiations. However, the one-year extension, which became effective June 5 and will run through June 4, 2018, includes a 2% increase in base wages. Use and reuse payments will continue to be calculated at the same percentage as in the 2014-2017 agreement.

The agreement has been ratified by an overwhelming margin of all eligible musicians whose votes were returned and counted by secret ballot. The ratification process was administered by the American Arbitration Association and was observed by Administrative Assistant in the Electronic Media Services Division Cecelia Gray and me.

Brief outline of the new basic session wages:

  • Side musician one-hour session rate: $129.75
  • Leader, contractor, single musician: $259.50
  • Music preparation rates increased by 2%
  • Copyists receive either the side musician rate or page rates, whichever is higher
  • Arrangers and orchestrators receive the leader rate or page rates, whichever is higher
  • Sideline musician eight-hour minimum: $219.30
  • Leader and orchestra manager: $438.60
  • Pension fund contribution: 16.5% of scale wages
  • Health and welfare: $26, plus 6% of scale wages         

A copy of the new Commercial Announcements Agreement wage summary can be found on AFM.org. Click “Our Musicians,” then “Recording & Digital Media.” Scroll down to Recording and Digital Media Resources and you will see a list of agreements to choose from.

We have notified the “me too” signatories to the 2014-2017 agreement of the one-year extension and we are distributing letters of acceptance so they can memorialize the terms of the extension.

If you have any questions please contact me at the New York Office (phone: 917-229-0233 or email: mwarner-dowrich@afm.org).

Gift Expands Philadelphia’s Organ Repertoire

A $5 million gift from the Wyncote Foundation will allow The Philadelphia Orchestra to increase and expand programming for the Fred J. Cooper Memorial Organ, the world’s largest mechanical action concert hall pipe organ. The five-year initiative, “The Fred J. Cooper Memorial Organ Experience,” will feature the organ more extensively in programming and build new repertoire for the instrument. The musicians of The Philadelphia Orchestra are members of Local 77 (Philadelphia, PA).

Boston Conservatory Faculty Join Berklee Union

In June, the Berklee College of Music voluntarily recognized the Berklee Faculty Union as the bargaining representative for the 200-plus full-time and part-time faculty of the Boston Conservatory at Berklee. The move follows the 2016 merger of the Berklee College of Music and Boston Conservatory. The conservatory faculty join their 600-plus sisters and brothers on the Berklee faculty, who have been represented by the Berklee Faculty Union since 1986.

Locals Conference Council

LCC-PCC: Where the Conferences Converge!

by Jonathan Ferrone, AFM Assistant Secretary

In the years when there is no AFM Convention, the Federation hosts the Locals Conference Council (LCC) and Players’ Conference Council (PCC). Taking place at the same venue and at the same time of year as the 100th Convention last year, the LCC-PCC affords delegates from both councils the opportunity to exchange information and ideas on appropriate subjects regarding the good and welfare of the AFM, its locals, and its members. In short, it allows these diverse constituencies the opportunity to hold the AFM accountable.

Since I was a local officer at this time in 2016 and I was never a conference delegate, this was my first LCC-PCC. Represented in the 2017 LCC-PCC were the Professional Musicians of California, Canadian, Eastern, Illinois State, Mid America, Mid-States, New England, New Jersey State, New York State, Southern, Professional Musicians of Texas, and Western locals conferences, as well as the five players’ conferences: International Conference of Symphony and Opera Musicians (ICSOM), Organization of Canadian Symphony Musicians (OCSM), Regional Orchestra Players Association (ROPA), Recording Musicians Association (RMA), and Theater Musicians Association (TMA). The delegates of the conferences are typically officers of the conference, who are elected in conformity with the bylaws of their conferences. 

Players’ Conference leadership at the LCC-PCC (L to R): ICSOM Chair Meredith Snow, OCSM President Robert Fraser, RMA President Marc Sazer,  TMA Vice President Paul Castillo, and ROPA President John Michael Smith.

In attendance from the AFM were executive officers and senior staff, as well as international representatives (IRs). Spread out across the US and Canada, with each servicing the locals in their respective territories, the IRs are often the first line of communication between the AFM and its members. 

Essentially a weekend conference, the first day of the LCC-PCC started out with reports from AFM officers and department directors. AFM President Ray Hair spoke about the general status of the AFM since the convention, current and pending contract negotiations that he is involved with, and the long-term stability of the AFM going forward. AFM Vice President Bruce Fife discussed the recently initiated local officer training program, while Vice President from Canada Alan Willaert gave an update of AFM matters north of the border. AFM Secretary-Treasurer Jay Blumenthal presented a financial and statistical report, and talked about the International Musician Editorial Board. Following departmental reports, representatives of the AFM Employers’ Pension Fund gave a pension presentation.

In the afternoon, the delegates met as councils to formulate topics that they wished to discuss and questions that they wanted to ask. Each conference, of course, brought with it its own unique attributes and needs. As per the AFM Bylaws, the first order of business is to elect an LCC Chair. This year it was Local 7 (Orange County, CA) Secretary Tammy Noreyko, who is also secretary of the Western Conference. 

Locals Conference Council

(L to R) are AFM International Representatives Wally Malone (Western Territory), Cass Acosta (Southeast Territory), Allistair Elliott (All of Canada), and Gene Tournour (Northeast Territory).

On the second day, the LCC and PCC met with AFM officers and staff. Topics of discussion included touring and traveling issues, organizing and membership recruitment, suggestions and ideas for afm.org, and questions about the pension fund. Perhaps the most significant and possibly most overlooked detail about this event is that it is likely the only time these delegates and AFM representatives will all be together outside of a convention. I was struck by the level of knowledge and professionalism of the delegates, and by the smooth discourse between the AFM representatives and the delegates about their respective concerns.

In conclusion, this event was a very successful show of solidarity between several different constituencies within the AFM. I would like to thank all who helped to make this a meaningful event.  See you next year, delegates!    

building a strong union

Building a Strong Union

by John Acosta, AFM International Executive Board Member and Vice President of Local 47(Los Angeles, CA)

Recently in Los Angeles, the California State Labor Federation, along with state labor federations from Arizona, Nevada, Oregon, and Washington, held a conference to address what is deemed to be the inevitable implementation of national “right to work” legislation by the current US Congress. Several hundred union leaders gathered to discuss best practices for unions already facing right to work. Invaluable information was distributed to those in attendance.

While many locals in the Federation have already been faced with the challenges of right to work, we who are in states that are currently not right to work may be joining this not-so-prestigious club. Some of you reading this article might consider me to be an alarmist, and I hope to be wrong, but the labor movement in California is taking the approach of, not if, but when right to work becomes the law of the land.

Our one choice should be to organize. We as a movement cannot remain stagnant or paralyzed, and we must rethink how we can organize internally to strengthen our ranks; not only resisting the challenges of right to work, but positioning ourselves to fight back. In the current climate, unions cannot be defensive. We must take the offense in our thinking and approach. Some of the recommendations that have come out of the right to work labor conference emphasize member engagement, strengthening workplace structures, and engaging new members.

When a musician joins the union, their first interaction should be a positive one. Too many times musicians learn about our union because they are required to join under our agreements. If we can get out in front of this by creating and maintaining an outreach program in music schools, we may be able to make the first interaction a positive one.

Local unions should look at broadening outreach into the community, building alliances, and finding common ground with our community in areas of shared interest.

Our message is critical. We must remind our colleagues that our union is working people standing together; that real people, not just “union officials,” comprise our union. We need to do better in ensuring that the face of our members is the face of our union. In addition, we need to tell real stories. Let’s dig deep in the well of our experiences to demonstrate how our union has helped our members in tough times, and how, without our union, there would be no safety net for working musicians.

Unfortunately, all of our locals are too overburdened and under-resourced to be effective in all the ways I suggest. Our challenge is to find the means to accomplish our mission, despite this lack of resources. That’s why I believe the key is to get membership to take the lead in these critical internal and external efforts. Without direct member involvement, these goals are unreachable.

Unions Oppose Trump’s Pick to Head Government Personnel Office

A broad coalition of labor organizations, including the International Federation of Professional and Technical Engineers and AFL-CIO, have launched strong opposition to President Donald Trump’s pick to head the government’s personnel office. The 16 unions stated in a letter to the Senate Homeland Security and Government Affairs Committee that George Nesterczuk has a failing record in fostering a federal workplace “free of discrimination, nepotism, and political influence.” A former Republican Office of Personnel Management official, Nesterczuk helped develop the Defense Department’s National Security Personnel System (NSPS), which was a discriminatory system with disdain for due process worker protections and merit system principals—hallmarks of modern civil service. NSPS was repealed in 2009.