Symphonic Services Division, AFM

Report to the 2007 ICSOM Conference

The objective of the Symphonic Services Division (SSD) is to increase the bargaining power of the AFM’s symphonic members. The SSD has worked to achieve that goal by maintaining and enhancing a pattern of strong negotiated settlements, through internal organizing and mediation, by gathering and distributing information, and through involvement at the industry level. The activities of the SSD over the past twelve months have seen the AFM and the symphonic Player Conferences make major strides in these areas.

Support for local collective bargaining

SSD negotiators were on site for twenty-four (24) orchestra negotiations for contracts expiring in 2006. Twenty-five (25) negotiations have been assigned to SSD negotiators for contracts expiring in 2007. Settlements were consistently excellent in 2006 and the trend appears to be continuing in a positive direction. There were no strikes during the 2006-07 season. The only work stoppage was with the Atlanta Ballet, where the musicians have been replaced with taped music.

The SSD supported other negotiations by meeting with Locals and orchestra committees, facilitating communication through meetings and conference calls, publishing the annual Wage Charts, maintaining a database of CBAs and other comparative information, administering the Symphony Opera Orchestra Strike Fund, retaining legal counsel for advice and support, providing assistance with orchestra financial analysis, and responding to dozens of requests for information and advice every month.

National Agreements

New World Symphony

Talks have begun for a successor agreement to the AFM’s “Fence” agreement with the New World Symphony. Proposals were developed and the first formal negotiation meeting was held in New York on March 1st, led by Patricia Polach for the AFM. The parties are still far apart on key issues. The AFM has contacted the NWS with a view to setting fall dates for continued discussions. The current agreement expires on January 31, 2008.

Electronic media

Symphonic electronic media issues continued to be major focus for the department during the 2006-07 season.

Recording.

Work continues on report forms and supplementary materials for the new Symphony Opera Ballet Live Recording Agreement that was concluded in 2006. The new agreement has generated a significant level of activity. However, terms for audits and music preparation are still to be determined. Also, problems have surfaced in connection with the patch session rate and management’s right to recoup direct costs. A grievance has been filed in connection with the patch rate issue.

The SSD spent a considerable amount of time working with a number of orchestras that have negotiated recording agreements that are not in compliance with AFM agreements. After consultation with the ICSOM Media Committee, all of these deals have been given conditional approval by the IEB, based on evidence that compensation to musicians under these local agreements will probably be, in sum, as good or better than if done under AFM agreements.

AV and Internet

The joint union-management National Oversight Committee has had regular quarterly meetings throughout the 2006-07 season. At the May 2007 meeting the managers’ committee proposed that the parties commence negotiations for a successor AV agreement (SOBAV). The current agreement expires on January 31, 2008. The managers indicated that they will once again retain attorney Marty Oppenheimer to negotiate on their behalf. The parties are still in the process of setting meeting dates.

It has been made clear to the managers that the AFM reserves the right to request a broader agenda in order to deal with the expired Internet Agreement (SOBIA) and to keep the door open to the possibility of radio discussions. (The NOC for SOBAV and for the SOBIA are the same.)

Steve Lester (Chicago Symphony) has resigned from the NOC. Cathy Payne (San Francisco Symphony) has been appointed.

Radio

The AFM’s agreement with National Public Radio will expire in January 2008. This negotiation is expected to be quite different from previous ones due to the fact that NPR has transferred its two flagship classical programs to Minnesota Public Radio. MPR is signatory to the NPR agreement. However, preliminary meetings and discussions suggest that they may challenge the AFM’s position that MPR is the employer when producing and broadcasting orchestral music.

It is also important to note that commercial stations and satellite broadcasters are producing and distributing classical orchestral content to both commercial and public radio stations. The AFM’s agreement with NPR/MPR does not cover any of that work. Orchestras are increasingly entering into local agreements that fall below the AFM’s promulgated commercial rate of 5% of the minimum weekly fee. The SSD, along with the Chair of the ICSOM Media Committee, created and distributed a document intended to stimulate internal discussion about whether to pursue a national radio agreement with a multi-employer group. No conclusion has been reached.

Contract administration and legislative issues

The SSD handled hundreds of inquiries from members and local officers regarding language interpretation and grievance handling. The department was instrumental in resolving an internal dispute and negotiating a severance settlement for a principal player in an ICSOM orchestra.

The SSD Contract Administrator also provides support for AFM lobbying efforts on issues that affect symphonic musicians. In the past year the SSD assisted in bringing about improvements in the Delta Airlines policy regarding travel with musical instruments. The AFM was also successful in thwarting a bid to restrict travel with bows made of pernambuco wood.

Internal Issues

The SSD continues to work with a small number of symphonic Locals and players’ associations that have problems with their internal relationships. The representation program that was put in place in St. Louis was a success and has now come to an end. A similar program has been put in place in a ROPA orchestra so that the parties involved can redirect their energies towards the significant external challenges that they are facing.

The New York office of the SSD became involved in two major issues in the province of Quebec. A francophone union nearly succeeded in raiding Local 406 in a bid to acquire bargaining rights for the Quebec City Orchestra. An emergency trip resulted in a delay of the vote. This gave the AFM and the EPW Fund time to put together a presentation that proved to be successful in retaining this important bargaining unit. In another incident, Local 406 was found to be seriously in arrears in the payment of symphonic work dues. The SSD was involved in researching that issue.

During the past year the SSD brought a serious problem to the attention of the player conferences. As a result a joint letter was sent to all locals and negotiating committees with collective bargaining agreements expiring in 2007, urging them to consider the serious ramifications of negotiating reductions in the complement of full-time musicians and/or reducing compensation for substitute and extra musicians. The letter is only a start. A concerted internal education campaign will take place in an ongoing effort to address this issue.

The SSD Director traveled to southern California for a three-day road trip in June 2007. The purpose of the trip was to visit symphonic bargaining units and alert them to the dangers of declaring Beck rights. That situation continues to unfold.

Education and Communication

The SSD planned and delivered a symphonic summit that took place at Local 7, Orange County in January of this year. Officers and musicians from around southern California served on panels and attended these meetings, which were led by SSD staff. More regional meetings will take place in the future.

SSD staff also delivered educational presentations for several music training programs including the New World Symphony and the Manhattan School of Music.

The program for on-site training in public relations that was launched in 2006 is now up and running. Several ICSOM orchestras have availed themselves of the co-funding that has been provided by the AFM. Feedback is positive and helpful as the AFM and the project consultant continue to fine-tune the program.

The SSD has continued its program of enhancing the public perception that orchestras are in a healthy industry. The SSD gathers and disseminates good news from the field through the “Orchestra News” section of the International Musician. Positive public communication was a theme in the August 2006 “SSD Special” issue of IM. In a bid to “walk the talk” the SSD has launched a new series in the IM.  Four times a year the IM will feature an orchestra where things are going well, in terms of relationships as well as in terms of artistic and financial performance. The August 2007 “SSD Special” issue features the Dayton Philharmonic Orchestra. It is hoped that an ICSOM orchestra will be the focus of the next feature which will appear towards the end of the year.

The SSD, along with the symphonic player conferences, has continued a dialog with the League of American Orchestras (formerly American Symphony Orchestra League) about how to portray the state of the orchestral field to the public and in the press. The issue has not been entirely resolved. However, it is clear that the LAO has heard the union’s concerns and has been responsive to those concerns. There has been a marked improvement in terms of press outcomes. The SSD will continue to work closely with the symphonic player conferences and the League in an attempt to reach consensus on key messages about the field that should be central to the communication policy of the League and the AFM.

The SSD Director is a member of the International Federation of Musicians (FIM) Planning Committee for the first international orchestra conference to be held in Berlin in April 2008. Plans are underway to ensure that the AFM is represented by a delegation that will include player conference representatives.

Industry level involvement

The SSD is committed to improving the health of symphonic employer organizations through a program of ongoing involvement at the industry level.

ASOL (LAO). The SSD Director was on the faculty for the January and June 2007 sessions of the Orchestra Leadership Academy. The Director also served on panels and attended managers’ meetings in connection with the League’s 2007 conference. Involvement with the Collaborative Data Project Task Force continues as well as regular meetings and phone calls with the LAO leadership on matters that arise from time to time.

Mellon Foundation. The SSD Director, along with player conference representatives and other industry leaders, attended the July 2007 meeting of the Elephant Task Force. The meeting was convened for the purpose of critiquing a second draft of a piece of independent research that has been funded by the Foundation. The SSD will work closely with the player conferences and, if possible, with LAO and the Foundation, to craft an appropriate response to the report once it is published. This is expected to take place later this year.

Orchestra Musician Forum. The OMF is funded by Paul Judy, formerly of the Symphony Orchestra Institute, and housed at the Eastman School of Music. Its flagship service for professional symphonic musicians, polyphonic.org, was launched in April of this year. SSD staff have provided content in the form of video interviews, articles, and blog participation.

SSD staff

In the fall of 2006, the Contract Administrator position became vacant. A search process resulted in the hiring of Steve Gelfand. Steve will be leaving the SSD to assume the position of Director of Travel and Touring. This leaves the SSD once again searching for a Contract Administrator. Former AFM employee Michael Manley has agreed to occupy the position on a temporary basis. Part of his duties will be to conduct the search for Steve’s replacement.

Recognition is due for the efforts of Nathan Kahn, Chris Durham, and Debbie Newmark. They all love their work and do it well.