ICSOM Resolution #1 Regarding OSP Language

WHEREAS, It is AFM policy to provide the best possible representational services to its members; and

WHEREAS, One of the programs used to implement that policy for symphonic members is the Orchestra Service Program (OSP); and

WHEREAS, The current Orchestra Service Program by-law provides only one method of insuring that Symphonic members receive the best possible representational services; and

WHEREAS, It would be beneficial to members, locals and the AFM that there be other suitable programs; therefore, be it

RESOLVED, That Article 5, Section 38(b) of the by-laws of the American Federation of Musicians be amended as follows:

ARTICLE 5, SECTION 38(b)
In the event that a Local does not or cannot provide the services set forth above in a satisfactory manner, or upon the request of the Local or the members of an orchestra for reasonable cause, the International President (after consultation with the Local and the members involved) shall have the authority to take any of the following actions:

1. Appoint a representative who shall work to resolve any issues that may exist between the Local and the Orchestra members; such representative shall act at the direction of the President, who shall consult with the International Executive Board (IEB) and the appropriate Player Conference on these matters;
2. Implement Article 5, Section 30, of the American Federation of Musicians by-laws;

   SECTION 30. Notwithstanding any other provision of these Bylaws and upon good cause shown, the IEB shall have the authority to assign collective bargaining rights from one Local to another. Such assignment shall be done in accordance with applicable labor law and with a procedure established by the IEB. Such procedure shall include:

   1. Consultation with the current signatory Local;
   2. Approval of the Local to which the collective bargaining responsibilities are being assigned;
   3. Approval of the affected bargaining unit by secret ballot majority vote;
   4. Agreement of the signatory employer if required by law or contract.
3. Place the orchestra in an Orchestra Service Program (OSP) established and maintained under IEB supervision. The OSP shall provide those services and such other assistance as the IEB may deem necessary in the situation at a cost to the Local of 2% of the scale wages received by the orchestra members under the CBA. If the Local Work Dues payable by the members of an orchestra placed in OSP are less than 2%, the Local Work Dues rate payable by the members working under that orchestra’s CBA shall be automatically increased to 2%.

ICSOM Resolution #2 Regarding Contractors on Union Boards

WHEREAS, There are many Locals in which the Officers also work as Contractors, Personnel Managers, or Booking Agents, creating a clear, inherent conflict of interest that has a chilling effect on a member’s ability to receive fair and impartial representation; therefore, be it

RESOLVED, That Article 5, Section 43 of the Bylaws be amended, as follows:

No Local Officer shall (1) serve in the position of Personnel Manager or Contractor for an employer/engager of musicians in the Local’s jurisdiction[. No Local Officer, except in Canada, shall serve in the position of a contractor of musicians in the musical theater field.]; (2) work in any position where s/he receives any remuneration from contracting or booking musical units (other than a regularly organized one of which s/he is a leader or member) in the Local’s jurisdiction, except in his/her capacity as a Local officer administering an employment referral or booking program on behalf of the Local.