Tag Archives: union

Union Plus Programs and Department of Professional Employees

August 7, 2017 Jay Blumenthal

Union Plus

Unions are all about improving the quality of life for hardworking men and women. The contractual gains enjoyed by bargaining unit members have a direct correlation to the solidarity within the unit. We are strongest and able to achieve maximum results in bargaining when we act together as one. Simply put, collective action translates into better contracts.

There are many ancillary benefits that come from being a union member. One such benefit is access to Union Plus. In 1986 the AFL-CIO founded a nonprofit organization called Union Privilege. The Union Plus programs harness the collective buying power of 13 million union members and their families offering a variety of exclusive consumer benefit programs. Credit card, mortgage, auto insurance, life insurance, and accidental death and dismemberment insurance are just a few of the programs offered by Union Plus. Participating in some of the programs bring additional benefits such as strike, mortgage, and hospital assistance, as well as credit counseling with a free budget analysis, savings on prescription drugs, and discounts on movie tickets, car rentals, gifts, and flowers.

A little known benefit is the Union Plus Scholarship Program. Since the program’s inception in 1991, more than 2,800 union families have benefitted from the $4.2 million awarded to students who want to begin or continue their post-secondary education. This year I am pleased to announce that we have an AFM recipient from Local 105 (Spokane, WA). Kristin Joham will be receiving a $1,000 scholarship. She was one of 160 recipients. Congratulations to Kristin!

Next year’s scholarship application deadline is 12:00 pm (Eastern Time), January 31, 2018. More information about Union Plus scholarships and other Union Plus programs can be found on the UnionPlus.org website.

Department for Professional Employees

In 1977 the AFL-CIO formed the Department for Professional Employees (DPE) to meet the growing needs of professionals who are unionized. The DPE has 23 national union affiliates who represent more than
4 million professional, technical, and highly skilled workers. Musicians, actors, engineers, teachers, nurses, psychologists, and computer scientists are among those represented. DPE meetings provide a forum “to discuss matters of common concern and coordinate efforts to address them.”

Under the DPE umbrella is the Arts, Entertainment and Media Industries (AEMI). Entertainment unions that are AEMI affiliates meet regularly in New York City where we discuss issues that impact the entertainment industry such as federal funding for the arts (NEA, NEH, CPB), visas for artists entering the US and/or Canada, legislation that impacts Internet usage, and airline policies for musical instrument carry-on. These issues are important to musicians and AEMI enables the arts and entertainment unions to speak to the federal government with one clear and consistent voice.

Recently, I attended the DPE General Board and Quadrennial Election meeting in Washington, DC. I feel honored and privileged to have been elected one of the nine general vice presidents who serve on the DPE Executive Committee. I look forward to representing the AFM on the DPE Executive Committee and bringing our issues and concerns to that forum.

The Joys of Being a Musician’s Contractor

August 1, 2017 IM

by Juliet Haffner, member of Local 802 (New York City)

“Julie, you have to hear this,” said Recording Engineer Gary Chester, calling me into the recording booth. He played back the freshly recorded track. It was the finale scene from Cradle Will Rock, the motion picture written and directed by Tim Robbins. I listened to the track: David Robbins’ incredible composition, masterfully orchestrated by David Campbell of Locals 47 (Los Angeles, CA) and 802 (New York City), and played by the fantastic AFM musicians that I contracted. It sounded fabulous. Hearing this exuberant and joyful track was the payoff for months of work coordinating the musicians for the film.

This post-production session was the culmination of a 10-month project that included three months of filming with 28 sidelining sessions, prerecording, on-camera recording, and post-production. All of the work was filed under the AFM Motion Picture Agreement. As contractor, I was responsible for the musicians’ weekly payroll during the entire project. In addition to basic scale, on-camera musician payroll included wardrobe fittings, wardrobe removal allowance, makeup, travel time to sets, meal penalty allowance (the company must provide a meal break after six hours of shooting or pay a penalty), and additional scale for live on-set recording.

Through the years, the AFM has negotiated all of these provisions. It was tedious work to keep track of every little detail, but I was grateful that I had a contract to follow, and that the musicians were compensated fairly. In addition to the film score, there was a soundtrack CD for which I filed a whole separate contract with musicians under the Sound Recording Agreement.

Cradle Will Rock featured songs by Marc Blitzstein, as well as David Robbins’ original score. I needed musicians who could play diverse musical styles. My friend Paquito D’Rivera was in town and played on the Latin conga march scene. We also needed a Kurt Weill type band sound (complete with banjo and accordion), plus strings that could play ballads, classical, gypsy, as well as swing. When Tim Robbins thanked me for putting together such a great band, I was pleased that I had accomplished my goal of fulfilling the musical requests of the composer and arranger.

My other goal as contractor on this project, and every project I’ve booked musicians for, including numerous recording sessions such as Aerosmith’s Nine Lives and films such as Bringing Out the Dead, was to never hear the question “Where’s my money?” As a violist, when I work for employers, I assume that they have taken care of the payroll details. When I’m responsible for those details, I can’t take a chance of being liable for the money, if there is a problem. Someone, somewhere has to sign something. That is why the AFM exists, to enforce agreements that protect musicians.

In addition to side musicians, composers, orchestrators, and arrangers benefit from AFM agreements. As a contractor, I submit their bills (not including the composer’s artistic fee) with the musicians’ contract so they don’t get lost on someone’s desk.

The cost of musicians is just a tiny fraction of a film’s budget. Still, sometimes I have to come up with creative ways to make sure musicians get paid. For the David Mamet film The Winslow Boy, the producer asked me to be the signatory. I told her that I couldn’t be responsible for future payments. I suggested that her production company be responsible for the session payments and the distributor take care of the Film Secondary Markets Fund payments. She agreed. The musicians’ pay was handled by a payroll company. There are numerous options that make it easy for producers to file AFM agreements, even if they are not signatory.

When Elmer Bernstein uttered, “I have never done a session with so many first takes” from the podium in an offhand way, or David Mamet said, “The music is magnificent,” I felt a sense of joy and pride for the musicians that I hired. But the best part was getting them paid fairly for their work on AFM contracts. And, those films continue to pay musicians through the Film Secondary Markets Fund.

Member Profiles

After Years on the Road, Joe Ely Takes a Literary Turn

July 28, 2017 IM

Writer, musician, and longtime Local 433 (Austin, TX) musician Joe Ely says the solidarity and protections of the AFM are important to him. He’s been inducted into the Texas Songwriters Hall of Fame, was named 2016 Texas State Musician, and most recently was inducted into the Texas Institute of Letters.

Joe Ely of Local 433 (Austin, TX) was recently inducted into the Texas Institute of Letters, which he says came as a shock, something he never saw coming. But it’s storytelling, after all, and no one tells a story like Ely. He’s been writing songs since he was a kid growing up in Amarillo, and later, in Lubbock. Ely says, “I was always listening to things, background noise, the wind blowing a branch against a screen window.”

Ely has kept journals for years and often sketches to have a visual. He recalls Tom T. Hall once telling him, “Some people can travel all around the world and not see a single thing, others can travel around the block and see the whole world.” “That made me continue to keep writing down observations and eventually building them into a form,” says Ely. The University of Texas eventually published some of the journals as raw material titled Bonfire of Roadmaps.

As a songwriter turned novelist, it was difficult for Ely not to keep the words to a minimum. “Instead of a line in a song, it’d have to be three pages in a book. It was the first thing I had to overcome,” he says. Like Larry McMurtry and Cormac McCarthy—of whom Ely is a fan—he draws on the landscape to deliver the emotional depth of his characters. In his autobiographical novel, Reverb (2014), he writes of Lubbock in the 1950s and 1960s. It’s a gritty world, but Ely digs into the story of young working-class men, usually in trouble, driving barren roads, living with the threat of going to war.

It’s easy to imagine the narrative running through his life. Ely left home at 16, went to Fort Worth and joined a band. From there, he went to Houston and Los Angeles. “My daddy died a few years before that and I was not doing good in school. I just didn’t see any future in Lubbock. I was playing in bands. I was kind of the sole breadwinner in the family. I’d play till midnight or one in the morning and try to go to school the next day. After school, I washed dishes at an old fried chicken place. I didn’t see an end,” he says.

In the mid-1960s Ely would periodically return to Texas to appear before the draft board, which at the time, he remembers, was drafting about 50,000 kids a month. “I’d always come back and regroup and go somewhere else, from one coast to the other,” he says. In New York City, he ended up joining a theater troupe and going to Europe. “That’s how I started traveling and collecting songs, during that era.”

In the summer of 1971, back in Lubbock, Ely teamed up with friends Butch Hancock and Jimmie Dale Gilmore to form the country-folk group, The Flatlanders. The band toured extensively, headlining small shows and opening for bigger acts. Among these, remarkably, was the punk rock group The Clash. (In fact, Joe Strummer was supposed to record with Ely’s band, but died before it happened—one of Ely’s greatest disappointments.)

Such offbeat arrangements are not unusual for Ely, who once made a record with German opera conductor Eberhard Schoener. Ely says, “He had the first Moog synthesizer, which he bought from John Lennon—who hated it. We worked with that synthesizer and two acoustic guitars and did an experimental piece. A couple of years later, I bought an Apple computer and started working on songs as an experiment. He kind of inspired me.”

Ely has always been something of an artistic maverick, seamlessly moving between country music and rock and roll. In the 1970s and 1980s, especially, he championed the progressive country scene in Austin. “At a young age, I discovered Woodie Guthrie, who lived in Amarillo for a good part of his life. In my teenage years and early 20s, I just happened to run across some of the songwriters who would influence me for the rest of my life,” he says.

Ely has played with mandolinist Chris Thile of Local 257 (Nashville, TN) on A Prairie Home Companion and with Bruce Springsteen of Locals 47 (Los Angeles, CA) and 399 (Asbury Park, NJ), James McMurtry, The Chieftains, Tom Petty of Local 47, and John Mellencamp. With Guy Clarke, Lyle Lovett of Local 257, and John Hiatt he formed a group that played 40-50 shows a year for about 20 years. “We’d go all over the states, a different city every day. We’d all sit on stage together in a guitar pull, where one person does a song and passes it on to the next.”

On his albums, Ely likes to incorporate cover songs, especially ones he feels have not gotten their due. When he was working on Letter to Laredo, he was just about finished with the record when he went to Europe for a few gigs. “I was in a bar in Norway and heard a song on the jukebox about a guy who crossed over into the US with a fighting rooster and went up and down the coast of Texas and California trying to win enough money to buy back the land that Pancho Villa stole from his family,” he says, explaining that the song eventually made its way onto the album.

A member of the AFM since 1972—when the first Flatlanders’ record came out in Nashville—Ely says the union is an important part of being able to make a living, especially as a traveling musician. That solidarity informs his work. The Flatlanders song, “Borderless Love,” (2009) about the fence on the US-Mexico border, is even more relevant amid today’s political tumult so the band has reintroduced it to live sets.

“I think you take from what’s been and give to what will be,” says Ely, who now lives in Austin and works with a number of young musicians there. Just after the 2015 release of the more literary and deeply personal Panhandle Rambler, he was inducted into the Texas Songwriters Hall of Fame and was named the 2016 Texas State Musician, an honor previously bestowed on Willie Nelson of Local 433 and Lyle Lovett.

Along with 25 albums to his credit, the 70-year-old Ely has about five books of poetry written, which he hopes to compile into a single collection. He’s led symposiums for Texas Tech University; he recently conducted a solo acoustic tour in the Midwest; and for the next couple of months, he will tour Texas and California. “I like to mix it up. Playing with a band full time can be restrictive. You’re always herding people. I prefer to go out, me and the guitar and a bag of stories.”

Executive Board Members, Officer Columns

Light Summer Reading: A Real-Life Fairytale

July 24, 2017 IM

by Tina Morrison, AFM International Executive Board Member and Vice President of Local 105 (Spokane, WA)

Once upon a time there was a musicians’ local of the AFM. They didn’t really know much about the ways of the nonmusician or “civilian” world. The local did its best to assist member musicians. They were generally happy in their musician world, talking about music and instruments, telling and listening to stories about their lives and gigs, and solving problems in the symphonic workplace. But they weren’t satisfied. Musicians were still struggling to find work and they could tell the civilians were being deprived of the amazing art form that had been developed and passed along through generations.

The local knew they would have to do something different. They sent one of their officers out into the world to meet with civilians and start communicating through different, nonmusical means. The local wasn’t sure where they were going but knew it was the right path.

The officer ventured out slowly, testing the grounds and becoming braver. With the encouragement of another member musician, she joined a local service organization where she was one of only two musicians. She observed their meetings and learned to communicate with them. She told them the stories of musicians and the members of the organization became interested in supporting the musicians.

As the officer gained more knowledge of this strange world, she was introduced to the local arts community. She started attending and then volunteering for their events. She told them the stories of the musicians, the difficulties they faced, including a city ordinance that made it more expensive to have live music and dancing, which was influencing potential venues to choose other forms of entertainment.

She made friends and eventually was appointed by the mayor to serve on the arts council. She learned from the arts commissioners that politicians could make decisions that would help the musicians, so she volunteered to chair the legislative and lobbying committee.

Political figures were people on TV or in the newspaper but, nervously, she decided to treat them like people and quickly discovered they were flesh and blood just like musicians. One of her friends on the arts commission decided to become a politician, ran for a city council position, and was elected!

This friend quickly became very busy learning a new job and performing a new role in the community. A few years went by, but he never forgot the musicians and the problem created by a particular city ordinance. He stayed in touch with the local officer and eventually the time was right for them to go to work to change the ordinance. The local officer introduced him to the new generation of officers. They worked together rewriting the ordinance and the city council voted for their changes, supporting musicians in a way they never would have thought of themselves. The End … beginning!

Have an enjoyable summer and please be involved with your local and your community. Without the encouragement, support, and expertise of the musicians of the local, none of the above would have come true

Legislative Update

Renewed Focus on Arts, Health Care, and Performance Rights

July 18, 2017 Alfonso Pollard

NEA and CPB Funding

In a May 31 communique, AFL-CIO President Richard Trumka released an analysis of the White House’s FY 2018 federal budget. Within the Document entitled, Budget of the US Government: A New Foundation for American Greatness, the White House made several recommendations that cut short the ability of the US Government to invest in arts and culture. Under the section “Other Programs and Agencies Eliminated,” they list the Corporation for Public Broadcasting, the National Endowment for the Arts, and the National Endowment for the Humanities.

The White House’s March 18 budget release was merely an outline of the budget, which allowed AFM members to organize a Save the NEA campaign, an email campaign to Members of Congress expressing AFM members’ discontent over White House budget cuts to the arts. This successful mobilization program allowed AFM members, family, and friends to send approximately 4,301 emails to members of Congress encouraging them to make adjustments in the congressional appropriations process to recognize the intrinsic value of arts funding. In particular, such funding promotes a vibrant economy that, in turn, generates and contributes significant tax dollars designed to reinvest in local communities. For every dollar contributed by the NEA, the agency generates eight dollars to the community’s financial well-being.

Our work continues with the letter writing campaign in support of the tireless efforts of the House Arts Caucus led by Representative Louise Slaughter (D-NY) and Leonard Lance (R-NJ), along with the Department for Professional Employees of the AFL-CIO, the Congressional Arts Group, and myriad other individual artists and arts organizations across the country. If you have not written a letter to Congress on this vitally important issue, please visit the AFM website (www.afm.org/2017/02/nea) for information.

Health Care

Republicans are looking to complete the repeal and replacement of the Affordable Care Act (ACA), or Obamacare. The new legislation, which passed the House May 4 by a vote of 217 to 213 (with 20 Republicans and all Democrats voting against it), is now under consideration in the Senate. The House bill suffered through interparty squabbling as various Republican caucuses disagreed with certain provisions. There were fears that, if passed, the poorly crafted bill could lead to a Democratic takeover of the House of Representatives.

Among principal concerns from Republicans was the belief that the bill should include provisions for coverage for people with pre-existing conditions, as well as those with employer-based health insurance. After a month of wrangling, the bill was yanked from the floor, with both moderates and conservatives threatening not to vote for the bill until these issues were worked out.

In the House, the Budget Office (CBO) score was not released until after the bill was passed. It showed that more than 23 million Americans could lose their health care benefits by 2026—more people than if Obamacare remained intact.

After House passage, the bill moved to the Senate where Senators agreed to disagree with the content of the bill and decided to totally rewrite it. As the House moved as quickly as it could to put a bill in place, the Senate worked behind closed doors with 13 Republican Senators drafting a revised bill. There was major concern over the bill being drafted without a CBO score analyzing its costs. The Senate decided to delay releasing its bill until all the pieces are in place. Democrats protested because the bill will apparently not be the subject of committee hearings or debate on the floor. Democrats also complain the bill may cause unnecessary spikes in premiums for low-income families, older Americans, and those with pre-existing conditions.

As of this writing, the Senate is looking to release its bill by June 19, aiming for a full vote in the chamber just prior to the July 4th holiday recess. Many senators are hoping for a revised CBO score before they vote for the bill.

Fair Play Fair Pay Act

The AFM’s work toward a legislative solution to a performance right on AM/FM radio continues. H.R. 1836, the Fair Play Fair Pay Act, which was introduced by Congressman Jerrold Nadler (D-NY) and Marsha Blackburn (R-TN), is a key piece of legislation being spearheaded by the musicFIRST Coalition. First, the bill levels the playing field by having AM/FM radio stations pay performance royalties for music they air. Secondly, it provides real protection for small, local stations (AM/FM stations with annual revenues below $1 million) to pay just $500 a year. Public, college, and other noncommercial stations would pay only $100 a year. Religious radio, talk radio, and those stations with incidental use of music would not pay royalties. The bill also contains language that provides copyright protections for pre-1972 artists who currently do not receive royalties for their works.

The coalition is currently working with House Judiciary Chair Robert Goodlatte (R-VA) and Ranking Member John Conyers (D-MI) to bring the parties together. Nadler, Blackburn, and the musicFIRST Coalition continue to build support of cosponsors for the package. Despite broadcaster efforts to stop the bill, and thanks to the work of an ambitious team of legislative representatives, the bill continues to build bipartisan co-sponsorship.

More importantly, through musicFIRST, the AFM is working to help build a comprehensive music package that includes Copyright Office Reform and HR 1914, the PROMOTE Act offered by Representative Darrell Issa (R-CA), which would provide the right to copyright owners to prohibit the use of sound recordings by broadcasters, unless permission is granted by the copyright owner.

Spokane Symphony Member Awarded Union Plus Scholarship

July 17, 2017 IM

AFM Local 105 (Spokane, WA) member Kristin Joham has been awarded a $1,000 Union Plus scholarship. Joham, who has been a member of the Spokane Symphony Orchestra and adjunct professor at Eastern Washington University since 2008, plans to study speech and hearing sciences. She completed Washington State University’s post-baccalaureate program in 2016. She plans to attend graduate school this fall and hopes to use her musical background and speech therapy training to create a multifaceted team approach for patients with neurogenic communication and motor speech disorders.

Joham holds bachelor’s and master’s degrees in music performance from Cincinnati College Conservatory of Music where she was in the Honors Scholars Program. She grew up in Berkeley Heights, New Jersey, where her grandparents were very active in the National Education Association. “I was born into a union household, and my opinion of the importance of public education and teachers’ rights is still strong in me today,” she says. “Now as an AFM member, I am constantly reminded of the need and power of a union to fight for workers’ rights.”

In its 26th year, the Union Plus Scholarship Program awarded $150,000 in scholarships to 106 students representing 31 unions, in 2017. Recipients included university, college, and trade or technical school students in 35 states. The program, offered through the Union Plus Education Foundation, awards its scholarships based on outstanding academic achievement, personal character, financial need, and commitment to the values of organized labor.

Visit unionplus.org/scholarship for details and to apply.

My Musical Roots in the AFM

July 17, 2017 IM

by Bennie Keys, AFM Diversity Committee Member and Vice President of Local 56 (Grand Rapids, MI)

I am happy to write this article on behalf of the AFM Diversity Committee. I have been an AFM member since 1989. I feel proud to be a member of this organization. I was exposed to unionism early in life. My father was a proud member for more than 50 years. This is why I am so passionate about being a member. He made it very clear that the union was the best thing to belong to as a working musician. He and his friends were served well by the union. As black people, it was one of the first organizations that helped minorities achieve equality in the workplace.

Even as a child in 1960s, I understood the difficult circumstances we faced as a family. He would always say to me, “You should get a union contract with anyone who hires you; even if your mother wants to hire you, make sure you have a contract for your protection.” These words have proved to be solid time after time when I hired bands.

Now, let’s get down to some important things for everyone to learn. I have been a local officer and board member for more than 20 years. So, I want give some insight to younger people and anyone who might benefit from this information. When I first ran for office, I was mentored by an older member who took me under his wing to help me have a stronger voice for musicians. He felt that I could represent everyone.

Let me make this perfectly clear, I see every member as important. It is my goal to represent them and to give them the best service the union can offer. I have had the opportunity to serve the minority community in the Ann Arbor local and as a Diversity Committee member. Working with the minority community, especially young people, and promoting progress in the music business is often complicated.

I urge anyone who wants to help make a difference to go to local meetings and possibly run for office, if they feel inclined to do so. Then, you will be in a position to move the agenda forward for all of us. When I first began to serve on the local board, I had no idea what to do. At the time, people gave me a lot of opinions about the leadership. That made me overreact when getting my point across. This I found was not necessary. Everyone helped me and welcomed me with open arms. I have found that same love throughout the country.

I believe that the key to the union’s success, as AFM President Ray Hair often says, is unity. Members of the Diversity Committee are working toward solutions to improve and strengthen the bridge for all musicians to reach their potential in music, no matter the genre.

I want to thank Alfonso Pollard for sharing his column and Diversity Committee Chair Lovie Smith-Wright for this opportunity to share with all of you. In solidarity.

Officer Columns, President's Message

Pension Fund Avoids Critical and Declining Status Due to Higher Investment Returns and Increased Employer Contributions

July 5, 2017 IM

Note: AFM-EP Fund updates appearing in this column are not applicable to the AFM’s Canadian Pension Fund, known since August, 2010 as Musicians Pension Fund of Canada.

At its May 2017 Board of Trustees’ meeting, AFM-EP Fund actuaries advised that better than expected investment returns and increased employer contributions—most notably, $20 million in new contributions over the next three years from the Sound Recording and Motion Picture industries negotiated by the Federation—enabled the plan to avoid “critical and declining” status for at least another fiscal year.

Although the odds are that the Fund may become critical and declining at some point in the future, even as early as the next fiscal year (beginning April 1, 2018), that status will depend on investment returns, employer contributions, and other results during this fiscal year.

Busting the Myths

With the speed of today’s Internet, inaccurate information can be disseminated quickly. Here are a few myths I’ve seen, along with the facts.

Myth #1: The Fund is not critical and declining so we’re “safe.”

Though plan status has been certified critical each year since 2010, avoiding critical and declining status this year doesn’t mean the plan is healthy. High investment returns coupled with innovative increases in Federation-negotiated employer contributions kept the Fund out of critical and declining status this fiscal year. As recently as the plan year concluding March 31, 2016, employer contributions covered only 42% of benefit payments.

Increases in the percentage of employer contributions are essential to the health of the Fund. This cannot be accomplished if members opt to work off-contract without pension contributions for signatory employers, rather than insisting that Federation and locally-negotiated agreements with pension benefits be honored.

Myth #2: The Keep Our Pension Promises Act (KOPPA) proposed by Senator Bernie Sanders is good for participants.

Fund trustees would strongly support legislative changes that would help the Plan secure participants’ pensions without relying on benefit cuts. Unfortunately, KOPPA as currently drafted and sponsored by Senators Bernie Sanders (I-VT), Al Franken (D-MN), and Tammy Baldwin (D-WI) provides the Fund with no relief whatsoever.

Why not? Because a key provision in the bill disqualifies the plan from coverage. Relief provided by KOPPA pertains only to plans with a certain percentage of their funding problem attributable to employers who withdrew from the fund without paying their withdrawal liability. One example of this was the 2011 Philadelphia Orchestra bankruptcy. However, because the plan does not meet the bill’s required threshold percentage, KOPPA, if enacted, would fail to provide any relief.

KOPPA would also eliminate the plan’s ability to avoid insolvency (running out of money) by reducing benefits. While no one wants to see benefit reductions happen, that option is important as a last resort. Benefit reductions could allow the plan to continue paying higher benefits than if it became insolvent. As written, Congressional adoption of KOPPA, though highly unlikely in the current Congressional climate, would shorten the life of the plan.

Local 802 (New York City) President and Fund Trustee Tino Gagliardi and I met with senior staffers for Senators Sanders, Franken, and Baldwin in Washington, DC, June 6 to discuss what changes to their proposed KOPPA legislation would be needed to permit the plan to benefit from it. Unfortunately, none of those staffers believed that KOPPA would ever move through required congressional committee hearings where amendments could be made, let alone be adopted.

Myth #3: The plan lost 40% in investment returns when other plans lost 25%.

The Plan lost 29% in investment returns for the 12 months (fiscal year) ending March 31, 2009, not 40% as some have alleged. This misunderstanding was tracked back to the trustees’ December 2016 letter to participants that said plan assets declined by 40% over 18 months. Some have read this to mean the plan’s investment return was negative 40% over that period—but that was not the case.

Myth #4: The Fund office received huge staff pay increases in 2009.

This misunderstanding was tracked back to the change in IRS reporting requirements for the compensation numbers shown on IRS Form 5500 Schedule C. The rules changed in 2009 to expand the definition of compensation to include, not just salary, but all payments made on behalf of staff—including, for example, health insurance and other benefit costs, travel reimbursements, and other expenses incurred while performing their jobs.

Fund Office staff cost increases have averaged only 2.16% a year from fiscal year 2009 to 2016. This modest increase, only slightly more than CPI, includes an increase in staff health care premiums over a period when premiums rose on average more than 25%.

What’s Next?

Because the Fund remained in critical status this year, benefit reductions to already earned benefits, which might be necessary if the Fund becomes critical and declining, will not be considered this year. Next year, the Fund will go through the same process—as it has every year in the past—to determine the plan’s status. Critical and declining status could be in the Fund’s future at some point and appropriate preparations will be made. Until then, the Fund will continue to monitor its progress, review its investments, collect employer contributions, and manage expenses.

The Federation, in each of its negotiations, will push hard for increases in employer contributions to increase the plan’s overall funding percentages and improve assets available for distribution.

I am committed to keeping you updated with the most current information about the Fund’s status. In addition, please visit the Fund website, www.afm-epf.org, register and log on for easy access to FAQ’s and updated information as it becomes available.

Officer Columns

Conference Gathers Eastern Locals for Informative Exchanges

June 30, 2017 IM

by Mary Plaine, Eastern Conference Secretary-Treasurer and Secretary-Treasurer of Local 40-543 (Baltimore, MD)

AFM staff and delegates of the Eastern Conference met in King of Prussia, Pennsylvania, April 22-23.

A historic meeting of Federation and local officers and delegates took place at the Valley Forge Casino Resort in King of Prussia, Pennsylvania, Saturday, April 22, when the Eastern Conference of Locals, comprised of locals from New England, New Jersey, New York, and the former Penn-Del-Mar-DC Conference, was called to order by Eastern Conference President Candace Lammers of Local 400 (Hartford-New Haven, CT). After a lot of work on the part of many people, it was gratifying to see 50 people sitting around the U-shaped table ready to attack a full agenda.

Following the opening business of the conference, the attendees heard presentations from AFM Secretary-Treasurer Jay Blumenthal, who spoke about the financial state of the Federation, and Department of Labor Investigator Nicolle Spallino, who spoke about locals and their need for financial safeguards, internal controls, and record-keeping.

AFM President Ray Hair brought the group up to date on several issues, including negotiations for Pamphlet B, the Sound Recording Labor Agreement (SLRA), and TV agreements. He spoke about changes in media consumption and the Federation’s new revenue streams to help underwrite the Special Payments Fund and the Music Performance Trust Fund (MPTF). Then, Hair was joined by employer and employee representatives for a discussion of the AFM-Employers’ Pension Fund.

AFM Legislative and Political Director Alfonso Pollard reviewed the many issues he has been wrestling in our nation’s capital: copyright and intellectual property legislation, instrument carry-on rules for domestic and international travel, national “right to work” legislation, and immigration.

Labor Attorney Harvey Mars closed Saturday’s business with the address, “The Impact of the Trump Administration Upon Labor in the Arts and What We Can Do About It.” Mars stressed three actions Federation musicians should take to keep themselves strong: fight for the NEA and other federally funded arts and cultural programs; fight for the right to be treated as employees and not independent contractors so that we can receive our full rights under Section 7 of the National Labor Relations Act; and fight to protect the right to organize and to protect union security—fight against right to work legislation. (See page 6 for a longer synopsis.)

On Sunday morning, the first speaker was MPTF Trustee Dan Beck, who updated the conference on the activities of his organization. Following Beck, two Federation employees, Symphonic Services Division (SSD) Director/Special Counsel Rochelle Skolnick and Touring/Theatre/Booking Division Director Michael Manley, gave presentations.

Skolnick described the personnel and operations of the SSD. She spoke about the SSD Resource Center in the For Members/Document Library section of the AFM website. She explained that serving as one of the AFM’s three in-house legal counsels allows for more efficiency as the AFM aggressively enforces its media agreements. She then reviewed recent legal actions.

Skolnick also spoke about the Federation’s new three-part approach to local officer training: webinars; two days of education held prior to the regional local conferences; and three-day intensive retreats to foster mentorships and peer-to-peer help. Well-trained local officers are more important than ever in strengthening the Federation and providing support to our members.

Manley’s presentation was “Freelance for Hire, Gig Organizing Strategies for Local Officers.” He addressed work not covered by collective bargaining agreements, such as single engagements of musicians hired to back up touring artists (Idina Menzel, for example) or productions such as The Legend of Zelda. Manley encouraged local officers to become familiar with contractors, venues, and peer unions in their jurisdictions, and to know what events are taking place in the venues.

Additional conference business included the adoption of new and revised bylaws and the election of officers. The current Eastern Conference Board is: President Matthew Cascioli, secretary of Local 45 (Allentown, PA); 1st Vice President Tom Olcott, financial vice president of Local 802 (New York City); 2nd Vice President Pat Hollenbeck, president of Local 9-535 (Boston, MA); 3rd Vice President Tony Scally, president of Local 16-248 (Newark/Paterson, NJ); 4th Vice President Michael Angelucci, president of Local 341 (Norristown, PA); and Secretary-Treasurer Mary Plaine, secretary-treasurer of Local 40-543 (Baltimore, MD).

Many thanks to all the people who helped bring the Eastern Conference to life, with a special thank you to Angelucci, who was the conference’s lifeline to the hotel.

Next year’s Eastern Conference is planned for April 14-15 and will again take place at the Valley Forge Casino Resort.

Health, Resources

When You Need It, a Safety Net with MusiCares

June 30, 2017 IM

For the growing number of music professionals without basic medical coverage—and with the Affordable Care Act (ACA) in flux—MusiCares is a much-needed resource, which works closely with a dedicated group of health care professionals through its medical network. Services and resources cover a wide range of financial, medical, and personal emergencies. Each case is treated with integrity and confidentiality. The network also addresses human service issues that directly impact the health and welfare of the music community.

Addiction and Recovery Services

The MusiCares MAP Fund provides financial and supportive assistance for music people in need of addiction recovery services. Inpatient treatment is the first step toward long-term sobriety, but the most challenging work comes when clients leave treatment and become entrenched in their daily lives. Now clean and sober, they must manage the triggers, temptations, and lifestyle. They are again faced with bandmates or friends who are still using, schedules that are erratic, and clubs and venues that are redolent of their former lifestyles and almost daily cues to use. To assist clients in recovery, MusiCares offers a variety of free recovery support groups in many states and cities, including Los Angeles, Nashville, Austin, New Orleans, New York City, and Seattle.

Emergency Financial Assistance

At the core of MusiCares is the Emergency Financial Assistance Program, which provides critical funds for music people struggling with financial, medical, or personal crises. This program offers financial assistance for medical expenses, addiction recovery treatment, psychotherapy, and critical illnesses. Support is also available for living expenses.

This program is available to music people who have experienced an unavoidable emergency. Eligibility consists of documented employment in the music industry for at least five years or credited contribution to six commercially released recordings or videos. Documentation can be provided in a variety of ways (liner notes, contracts, check stubs, brochures and flyers, newspaper articles, etc.). Each region has its own toll-free help line: (800)687-4227 (West Coast), (877)626-2748 (Central), and (877)303-6962 (Northeast).

MusiCares also has resources for individuals affected by natural disasters. The website has a list of resources for services, shelter, food, and other assistance. Musicians and other professionals in the music industry can qualify for housing, goods, instruments, equipment, or employment.

For more information and addiction help resources, call (800)687-4227 or visit the website at MusiCares.org.

Petty Honored as 2017 MusiCares Person
of the Year

Earlier this year, Local 47 (Los Angeles, CA) member Tom Petty was honored as the 2017 MusiCares Person of the Year. Petty was selected in recognition of his significant creative accomplishments, his career-long interest in defending artists’ rights, and the charitable work he has undertaken throughout his career, which has often focused on the homeless.

The three-time Grammy winner has been inducted into both the Songwriters Hall of Fame and Rock and Roll Hall of Fame. His approach to the music business and record making has earned him respect among his peers, as well as younger musicians coming up in the industry. He has a reputation as a musician who looks out for other musicians.

“I am so very pleased to be honored as the MusiCares Person of the Year. I have so much respect for this organization, which really does care about the people in our industry,” said Petty. “I myself know many people who MusiCares has aided in desperate situations. Again, let me say this is a true honor.”