July 04, 2009

Does the AFM need a Secretary-Treasurer?

The cases filed by AFM S/T Sam Folio against Marc Sazer and Andy Malloy end with a whimper, it seems:

To:      AFM International Executive Board
From:    Sam Folio
Date:    June 17, 2009

Gentlemen:

This will serve as formal notice that I desire to withdraw without prejudice the charges I levied against Marc Sazer, Case #11, 2007 and Andrew Mallow, Case #12, 2007.

Fraternally and sincerely,

Sam Folio
International Secretary-Treasurer
AFM


I don’t have enough information even to speculate about what's behind this. It’s been suggested to me that the rest of the IEB forced Sam to back down on these charges, which could be true. It’s also been suggested to me that the relationship between Sam and Tom has gone south, and that an electoral challenge to Sam is in the works for the 2009 Convention. Neither would surprise me.

Continue reading "Does the AFM need a Secretary-Treasurer?" »

June 30, 2009

Cohen to FMCS

This seems both good news and well-deserved:

WASHINGTON, DC – Today, President Barack Obama announced his intent to nominate the following individuals for key administration posts: Peggy E. Gustafson, Inspector General, Small Business Administration and George H. Cohen, Federal Mediation and Conciliation Service, Director.

President Obama said, "At this important time for our nation, I am grateful that these dedicated and skilled individuals have chosen to join our team and serve their country. I look forward to working with them in the coming months and years."

George H. Cohen, Nominee for Federal Mediation and Conciliation Service, Director

George Cohen has had an extensive and distinguished career as a labor lawyer, negotiator, and mediator. During the period 1966-2005 he was a senior partner at Bredhoff & Kaiser, a Washington, D.C. law firm with a national practice, specializing in representing private and public sector labor organizations in collective bargaining involving a wide variety of industries and government entities. Prior to entering into private practice, Mr. Cohen served as an appellate court attorney with the National Labor Relations Board. He is a graduate of Cornell University and its Law School and earned a LLM degree from Georgetown Law. In the past three years he has been engaged in a solo practice as a mediator. He is a member of the prestigious Mediation Panel of the U.S. Circuit Court of Appeals for the D.C. Circuit and has successfully mediated numerous complex, high profile disputes. From the mid 1970's thru 2005, Mr. Cohen was an Adjunct Professor at Georgetown Law School where he taught the Art of Collective Bargaining and other labor courses.

I had the pleasure of working with George on a number of AFM-related issues, and got to watch him negotiate on occasion as well. Any praise from me would be superfluous. Suffice to say that George is a great, great labor lawyer. The AFM was lucky to have him as General Counsel for many years, and the FMCS will be lucky to have him as Director.

June 27, 2009

Why unions? Part the Nth

An amazing re-creation (with actual audio and some video at the end) of unionized workers at work. The overlaying text is from the cockpit voice recorder; the rest is from ATC tapes.

Were these guys so good because they were unionized? It's not quite that simple. The FAA sets training and qualification requirements for both pilots and controllers. But certainly the fact that unionization helped pilots, in particular, bargain for good salaries, benefits and job protections helped workers build experience, and attract highly qualified applicants into the workforce in particular. An clearly experience was the key here (although, if the Hudson hadn't been below, this would not have ended happily).

Listen to just how damn cool they all sound.

June 26, 2009

Your dues dollars at work

It is entirely possible that I'm now being too petty. Maybe a statement like this really does advance the interests of the AFM. But given the number of press releases and other statements on this subject that must be clogging up the InterToobs right about now (Google was nearly brought down yesterday by people tracking this story), I can't imagine anyone paying attention to this one:

FOR IMMEDIATE RELEASE                                  
June 26, 2009                                                                         

CONTACT:  Carmen Group
Nicole Korkolis
202-316-1094
korkolisn@carmengroup.com
 
STATEMENT OF AMERICAN FEDERATION OF MUSICIANS OF THE UNITED STATES AND CANADA PRESIDENT THOMAS F. LEE ON DEATH OF MICHAEL JACKSON
 
New York, NY – “The American Federation of Musicians of the United States and Canada (AFM) is deeply saddened by the sudden death of Michael Jackson. A musician, singer, composer, dancer, choreographer and businessman, Mr. Jackson was much more than a performer.  He was a revolutionary, a visionary, who changed the face of music forever and influenced musicians and our industry for more than forty years.
 
Our thoughts and prayers go out to the family and friends of Mr. Jackson.”

It's worth noting that Michael Jackson was not a member of the AFM, although apparently he had been long ago. Obviously there was no need for him to be; he was able to command above-scale wages without the AFM's help. But he wasn't a member.

Did this press release really serve the interests of the membership? It was a nice gesture. But even nice gestures cost money.

(added later) On the other hand, Michael Jackson made some AFM members a lot of money.Those who benefited from distributions from the PRM-SPF (as it used to be known) received much of their distributions from the sales of Michael Jackson's records, at least for a few years - or so I remember hearing, back in the day. No doubt even I benefited, as I got some SPF checks back when his records were selling millions of copies.

I still question whether sending out a press release about his death made any sense. But a big "thank you" would have been in order. Sadly, it's very hard to time those so they're not either too late or too early to mean anything to the thankee.

June 25, 2009

Rick Blanc's response

...is worth highlighting:

A response to Antony's post of a couple days ago:

We live in contentious times -- for many reasons, ideological, circumstantial, political -- add yours. Not that contentious times are unusual historically but in the US we have enjoyed a period of unprecedented peace and prosperity for several decades. This has produced a situation in which people have taken a lot for granted, have had the luxury of holding and developing fantasy ideologies without consequence, and have become uneducated. At the same time we have a "ME" generation mentality in which narcissism and individual ambition seem to run unconstrained.

Continue reading "Rick Blanc's response" »

June 24, 2009

Cock-a-doodle-three

One more email blast from 1501:

Dear Local Officer,

I writing to send you an alert from the Department for Professional Employees of the AFL-CIO (DPE).  The alert, which you can find below, identifies the newly elected officers of the DPE.  Needless to say, the AFM is honored to have a representative elected as Chairman.  And I am honored to be that representative for all of you and your members.

Continue reading "Cock-a-doodle-three" »

June 23, 2009

A history lesson in honor of Rick Blanc

Rick Blanc writes:

National Socialism was not a misnomer. It was socialism combined - or conflated if you prefer - with fascism. Socialism is a leftist ideology. It's popular to call people on the right "Nazis" but it shows ignorance of the facts. National Socialism was a leftist phenomena which was informed strategically by Lenin, Stalin and the Soviets, and like other leftist movements, deadly. I'm on the right. I'm not embarrassed about it and I don't use euphemisms to describe my thinking. Conservatives fundamentally value liberty which obviously has nothing to do with National Socialism.

German history has been an interest of mine for a long time, so I’d like to take time out from discussing the AFM to deal with what Rick writes.

There are many good books in English on modern German history and the Nazi movement. It’s safe to say that not a single reputable historian of the period that I’ve read, or even heard about, regards Nazism as anything but a movement of the Right.

Continue reading "A history lesson in honor of Rick Blanc" »

June 18, 2009

The other lawsuit

Perhaps because it was filed after the Parmeter lawsuit, the one filed by Rafael Rishik, Keith Green, and Stephen Erdody against the AFM has received less attention. This is a mistake, as its potential financial impact on the Federation is quite large - especially if the AFM loses and the same logic is applied to work dues charged on payments from the film fund as well as the Sound Recording Special Payments Fund.

Continue reading "The other lawsuit" »

June 17, 2009

The handmaiden’s lament

I’ve spent the weeks since I last wrote about the lawsuit in a whirl of activity – some union-related, the rest of a musical nature. So reading Tom’s email blast to local officers felt like taking a trip back in time – and not the fun kind where I’d get to meet Bismarck or Mozart, or find out whether Richard III really had his nephews offed (I don’t think he did, but it was a long time ago and the records are very scanty.)

Continue reading "The handmaiden’s lament" »

The Empire keeps digging

The joys of being a local officer include receiving combative emails from the AFM President:

From the Office of the AFM President (June 17, 2009)

Dear Local Officer,

As AFM President, I have long maintained that open communication on matters pertaining to musicians and the AFM is absolutely necessary for the health and success of our labor union.  That is why, after a careful reading of Local 8 (Milwaukee, WI) President Robert Levine’s two posts in his blog about the work dues case (Parmeter v. AFM), I am taking this opportunity to clarify the issues that he brought up in those posts.  For your convenience, I have attached the blog-posts and Judge Margaret Morrow's order granting the Federation's motion for summary judgment in Parmeter v. AFM.

Continue reading "The Empire keeps digging" »

June 12, 2009

Something afoot in 802

I'm not enough of an 802-ologist to be able to decipher this, but it seems like it means something:

On June 10th a wide cross-section of members from all musical arenas voted for positive change for the musicians of Local 802. Nearly 400 members turned out to consider two bylaw amendment resolutions and charges against the 802 Executive Board. Both resolutions were adopted and a motion to dismiss the charges against the Board was defeated.

Continue reading "Something afoot in 802" »

May 25, 2009

The AFM and union democracy - Part I

Rick  Blanc has been making some substantive comments lately:

If the RMA wants to make a case about lack of democracy it will have to be much more specific. I have my bias obviously but I would be interested in seeing a comprehensive case articulated, including detailed and realistic solutions. I think it would be in the RMA's interests to do so also. It has to be more than "the AFM is violating its own Bylaws." Clearly as the court held, the AFM has latitude and discretion in interpreting its own Bylaws. Precedent and established practice are also important. Specifically where are the alleged violations?

And earlier, he wrote:

So is it possible that what is going on represents a sort of Balkanization of the AFM?

Democracy as it has evolved in Western civilization requires three things: respect for the will of the majority, respect for the rights of the minority, and respect for the rule of law. But every democracy is different, and minority rights in particular need to mean different things in different groups.

Continue reading "The AFM and union democracy - Part I" »

May 22, 2009

FarePlay's response

Rafael Rishik of FarePlay, which is the fund that underwrote the lawsuit that was dismissed yesterday, sent out an email response to the ruling as well:

Judge Margaret M. Morrow has found for the AFM in the " Promulgated Agreement Workdues Case".  Judge Morrow gave great deference to the AFM's own interpretation of its  bylaws. The Judge also noted that there " is a well established federal policy of avoiding unnecessary interference in the internal affairs of unions." An appeal will probably be filed.
 
At its core this case is about democracy. Union members should have the right to ratify agreements under which they work. It's a right  guaranteed to us in the Dissolution Agreement of 1961, and AFM Bylaws. The Judge's decision does not negate our rights as union members.
 
To the contrary, it encourages us to move forward and strive for a union that embraces democracy and truly represents the diverse needs of its membership. This is a goal that will take time, but it's a goal worth fighting for.
                  

May 21, 2009

Cock-a-doodle-doo

The AFM sent out an email blast today announcing that their request for summary judgment on the lawsuit over work dues on promulgated agreements was granted. Of course, President Lee overstated his victory:

We are gratified that Judge Morrow saw the case exactly as the Federation did.  It was a baseless case from the beginning, and the plaintiffs knew it - or at least they should have. 

That’s not really what the court’s opinion said.

As both parties recognized, case law sets a high bar for judicial interference with internal union governance. The court’s opinion states that

…Consequently, the Ninth Circuit has joined its sister circuits in holding that “absent bad faith or special circumstances, an interpretation of a union constitution by union officials, as well as interpretations of the union’s rules and regulations, should not be disturbed by the court...

In sum, given the division of labor between the international and its locals, the rationale for the creation of a new work dues structure in 1991, and AFM’s consistent interpretation and enforcement of Article 9 § 32 over the course of nearly two decades,  the court concludes that its reading of the Bylaw is not patently unreasonable.

"Not patently unreasonable" is a long way from the court agreeing that the case was “baseless from the beginning.” In fact, the court simply ruled that the AFM was not so obviously in the wrong as to overcome long-settled legal precedents that unions were entitled to great deference in how they interpreted their own bylaws. That’s definitely a legal victory for the AFM. It’s a long way from vindication of the way the AFM handled this issue.

The court also took a pass on the issue of whether the AFM is acting according to its bylaws in promulgating agreements without submitting them to ratification:

…the court need not evaluate or decide whether the manner in which AFM- promulgated agreements are drafted and offered to employers satisfies the union’s obligations as its members’ collective  bargaining agent… Because it is not at issue in this lawsuit, the court need not address the reasonableness of AFM’s interpretation of the ratification provision in Article 5 § 33.

Tom’s email went on to lay out the consequences of being on the losing end of a battle with the AFM:

But while the Federation was vindicated, as we always knew it would be, our defense of the case was extremely costly and will inevitably result in a decrease in Federation resources for the recording musician community ...we will, of course, keep you advised on the progress of this second case and of any other efforts to undermine the financial structure of the Federation.

I wonder why it won’t result in a “decrease in Federation resources” for all AFM musicians? Is there an intent to target reductions specifically at the recording community? If so, why? What about all that new money now coming in as a result of the dismissal of the lawsuit? This sounds like "this cost us a lot of money and we're now going to take it out of the recording musicians' hides."

It’s also revealing that Tom frames the lawsuit as an "effort to undermine the financial structure of the Federation” and not as an attempt to get the AFM to follow its bylaws. But, on the subject of following the bylaws, there was an interesting nugget buried in one of the footnotes about the ratification issue. In a deposition of President Lee, the following was asked and answered:

[Q:] What distinguishes whether an AFM agreement  is subject to ratification or not?

[A:] Without having the bi-laws [sic] in front of me which I can actually read[,] it is almost universally understood that if you have an identifiable bargaining unit then that agreement could be subject to ratification.  If you don’t have an identifiable bargaining  agreement then you can’t identify individuals that would be appropriate to ratify that agreement  and so the IEB would ratify the agreement.”

AFM members have been working under promulgated videogame agreements for several years now. The AFM knows exactly who’s done that work (or could easily find out from Locals and the AFM-EPF). Don’t we have “an identifiable bargaining agreement” with “individuals that would be appropriate to ratify that agreement” by now? How does the IEB justify its failure to submit the new Videogame Agreement to the ratification process required by AFM bylaws?

Tom Lee and the art of negotiating

sockpuppet88 once again gives the game away:

They've kept that website active for a reason - I assume at a minimum, as a threat against the AFM and a reminder that the recording musicians have already put together their own competing organization that they can "activate" if the the AFM does not bow to their demands. Talk about negotiating at gunpoint!...

My point here is that the continued presence of the PMG represents the INTENTIONS of what certain group(s) of recording musicians are considering - namely, they've created their own guild to do what the AFM does now. And let's not forget respected composer Lennie Moore's statement in the International Musician:

"I have had exploratory discussions with PMG leaders Marc Sazer and Phil Ayling"

There’s something vaguely surreal about sp88 citing the IM as a reliable source on the PMG. Even if sp88 wasn’t Tom Lee, and didn’t have everything to do with how that article came out, the IM is not run by people who are trying to report the news objectively. To use the IM as an authority for information on the PMG is, at best, disingenuous.

For the record, Phil Ayling is not a “leader” of the PMG. Let’s call what the IM quoted, and what sp88 then cited, by its proper name. It’s a lie.

But that’s aside from the point I’m trying to make. Sp88 thinks that the PMG is an attempt to force the AFM to “negotiate at gunpoint.” I’m not fond of the phrase, because it implies that putting pressure on one’s negotiating partner is either illegal or immoral. But I had always assumed that part of the purpose of forming the PMG was to raise the possibility of a decertification. Obviously a decert would be possible even in the absence of something like the PMG, but it would be easier if the recording musicians had a ready-made alternative to the AFM should they vote to decertify.

So let’s assume that the purpose of the PMG was to put pressure on the AFM in their ongoing “negotiations.” and that the AFM felt that pressure. What’s wrong with that?

The functional definition of “negotiation” is that it’s a transaction between two or more parties who are trying to make a deal that is better than not making a deal. The key word is “better.” When negotiating to buy a car, “better” means that one party gets the car they want, and the other party gets cash, rather than both walk away with nothing.

Often, though, “better” means the avoidance of a great deal of pain. When my orchestra negotiated for a new labor agreement, “better” for the musicians meant “better than trying to win a strike in the worst economic climate in 50 years.” For our management, “better” meant “better than continued uncertainty about the opening of the new music director’s first season.” For both sides, “better” meant “better than risking the organization’s continued existence.”

Both sides were “negotiating at gunpoint.” Both sides could inflict a great deal of pain on the other side. That wasn’t because either side were bad people, or intended to punish the other side, or wanted to do anything but reach a deal. Both sides were “negotiating at gunpoint” because it’s human nature not to negotiate in the absence of pressure, or at least the possibility of pressure.

Because both sides could hurt the other side, and were composed of intelligent and rational people, both sides made significant concessions in order to reach a deal. That’s the way the world works. One might even say that it’s supposed to work that way.

It’s extremely telling that sockpuppet88 is so upset about that. It’s even more telling that he can’t figure out what’s obvious to pretty much everyone else, which is that the RMA tried negotiating with Tom without any real pressure for years, and it didn’t work.

The record is becoming very clear that Tom began to shut the RMA (as well as the other player conferences) out of their legitimate, and traditional, governance role as soon as he got elected in 2001 (with RMA’s support, I might add.) And then he got very upset that RMA complained about it. Now he’s furious that the recording musicians have brought something other than complaints to the negotiations.

I’m trying to imagine the reaction of my management in Milwaukee had the union complained that we were having to “negotiate at gunpoint” if they didn’t promise, at the beginning of negotiations, not to lock us out, or impose their final offer, if negotiations broke down. I think they would have looked at me with great concern and asked if I needed to take some sick leave in order to get better. I wouldn’t have blamed them. Essentially, we would have been asking them to promise, in advance, to give us whatever we wanted. In what universe is that a “negotiation”?

Tom complains about having to “negotiate at gunpoint.” His real complaint is having to negotiate at all.