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...]
Issue: Counsel's Columns
One of the most vexing challenges an orchestra committee faces is what to do when one musician levies an accusation of improper behavior against another. Often the accuser will claim he or she has been “harassed,” or that the alleged perpetrator is creating a “hostile work environment.” At last summer’s ICSOM conference, I gave a presentation regarding this issue, using a hypothetical scenario … [Read more...]
Issue: Counsel's Columns
“The business model is broken.” “We need a new business model.” “We must totally rethink our business model.” Those words should strike terror in the hearts of symphony orchestra musicians. When managers or board members start using that terminology on a regular basis, musicians should know their next CBA negotiation will be difficult. Cuts will almost certainly be on the table. But what … [Read more...]
Issue: Counsel's Columns
In April, the D.C. Circuit Court of Appeals issued a landmark ruling for professional symphonic musicians. In upholding the NLRB’s determination that the musicians of the Lancaster Symphony are employees—not independent contractors—the Court settled the question once and for all. Symphony musicians are entitled to all the rights and protections that accompany employee status. It is now crystal … [Read more...]
Issue: Counsel's Columns
Recently, the United Auto Workers (UAW) reached contract agreements with Ford, General Motors, and Fiat Chrysler. The essential details of these largely similar deals have been reported in the press. The UAW obtained wage increases of 3% to 4% annually through a combination of raises and bonuses, and there is now a pathway to elimination of the two-tier system in which employees hired after 2007 … [Read more...]
