Issue: Counsel's Columns
Update (January 13, 2022): On January 13, 2022, the Supreme Court voted 6-3 to prevent implementation of the ETS, overruling the Sixth Circuit. The Biden administration has subsequently withdrawn the rule. Previous Update (December 17, 2021): On December 17, 2021, the Sixth Circuit Court of Appeals voted 2-1 to lift the Fifth Circuit’s stay of the OSHA Emergency Temporary Standard (ETS), … [Read more...]
Issue: Counsel's Columns
2020, our annus horribilis, actually ended with some good news: coronavirus vaccines have been approved, appear to be safe and effective, and are being distributed. A burning question among employees everywhere, including musicians, is whether their employers can mandate vaccination as a condition of coming to work. News articles have been published answering that question in the affirmative. The … [Read more...]
Issue: August 2020
ICSOM musicians are beginning to return to their halls to make music. While that is a welcome development in many ways, any return to work at this point must be accompanied by a comprehensive safety plan. Such plans are challenging to create, given the many unanswered questions about COVID-19 and the risks it poses in our unique workplaces. Nonetheless, in several ICSOM orchestras, safety plans … [Read more...]
Issue: Counsel's Columns
Symphony orchestra musicians in the United States are increasingly consumed with a single, burning question: When and how can we come back to work? Surprisingly, it appears that in some orchestras, musicians have already been returning and performing to at least some degree—for example, in small ensembles for streaming concerts at the hall—while others seem to be moving ahead with plans to … [Read more...]
Issue: Counsel's Columns
[Note: much of this article previously appeared in a message to ICSOM delegates on Delegate-L on March 10, and in the author’s blog post on March 12. Some of the material has been updated to reflect recent developments.] The COVID-19 pandemic has now severely impacted our orchestras. All ICSOM orchestras have cancelled performances and tours, for varying periods of time, sometimes voluntarily and … [Read more...]
Issue: Counsel's Columns
We often hear the phrase “elections have consequences.” True enough, but sometimes those consequences fly under the radar. One example is the change in the makeup of the National Labor Relations Board (NLRB) that occurs when a new presidential administration takes over. That has never been so apparent as it is right now. The NLRB is the federal agency charged with enforcing the National Labor … [Read more...]
Issue: Counsel's Columns
Contract disputes between orchestra managements and musicians are nearly always resolved pursuant to the grievance and arbitration process. I am not aware of any ICSOM orchestra’s collective bargaining agreement (CBA) that does not contain a grievance and arbitration clause. Nonetheless, the process strikes many musicians as mysterious. One of the questions I hear most frequently is who, exactly, … [Read more...]
Issue: Counsel's Columns
Last August at the ICSOM conference in Cincinnati, I gave a presentation regarding preparing for bargaining (“Bookends of Bargaining, Part 1”). Of the topics I covered, orchestra surveys sparked the most feedback. Many delegates have asked if they could share that part of the presentation with their colleagues, so I would like to expand upon that here as orchestras start preparing for next year’s … [Read more...]
Issue: Counsel's Columns
In December 2017, President Trump signed a massive tax-reform bill into law. The bill was portrayed as providing big tax cuts, and indeed, it cuts tax rates and makes other changes that will result in lower tax bills for many Americans, and (particularly) for American corporations. But for ICSOM musicians? Not so much. In fact, for many of you, the bill will result in a higher tax burden—in some … [Read more...]
Issue: Counsel's Columns
By now, most members of ICSOM orchestras who are participants in the American Federation of Musicians and Employers’ Pension Fund (AFM-EPF) are aware of the possibility that their expected pension benefit might be reduced. In this article, I discuss the legal framework under which such a reduction could take place: the Multiemployer Pension Reform Act (MPRA), enacted in 2014. MPRA is an … [Read more...]
