The AFM Observer

Thursday summary

I apologize for taking so long to finish this. I was hoping to do it on the flight home, but found I'd packed some of what I needed in my suitcase, and was both swamped and exhausted upon my return home.

**************************

 

Ray called the meeting to order at 9:07 AM, and described the agenda for the session.

The first order of business was the report of the Election Committee, although anyone who cared already knew the outcome (and the numbers were posted at the entrance to the meeting room).

Lovie Smith-Wright, Chair of the Diversity Committee, gave the committee’s report. The committee suggested that, in light of 2019 being both the year of the next Convention and the 100th anniversary of women gaining the right to vote in the US, the Convention should include a focus on womens' issues.

John O’Connor, chair of the Organizing Committee, prefaced his delivery of the Committee report with a rendition (with, I believe, Eve Goldberg and Tret Fure) of “Step by Step”:

Step by step the longest march can be won, can be won
Many stones can form an arch, singly none, singly none
And by union what we will can be accomplished still
Drops of water turn a mill, singly none singly none.

It was a lovely performance. He reported that the Committee had met twice for very good discussions on the current state of musician organizing. He said he’d been coming to AFM Conventions since 1993 and had never been more encouraged about the state of organizing within the AFM; that these were small blossoms to date, but that they were there to be nurtured. He described the biggest challenge as lack of resources, but that there was a commitment to organizing that didn’t exist even three years ago.

The committee made the following recommendations for the AFM to:

• undertake training for local officers and activists
• to organize, along with Locals, in support of our legislative efforts
• to use organizing principles and practices to achieve other legislative goals
• to increase research capacities to support organizing.

Ray thanked AFM IR Cass Acosta for attending during his continuing recovery from health issues. Cass received a standing ovation.

The Chair of the PR committee (whose name I never did catch) delivered the committee’s report. The committee suggested the substitution of the word “communications” for “PR” in general. They also recommended expanding the use of the word “professional” as a description of AFM members, as well as enhancing public awareness of the AFM by more participation in national events and trade shows. He said we have, in the stars of the music business, some of the most popular and fascinating celebrities on the planet to help us. The committee also recommended updating the PR strategy guide and toolkit for Local officers.

He described Locals as akin to franchisees of the AFM, and talked about how McDonalds’ franchisees don’t buy the billboards or the TV commercials to “convince our children that what they sell is actually food”; perhaps the second-best line of the entire Convention.

Ray brought to the dais AFM General Counsel Jeff Freund. Freund told the Convention that he was retiring as AFM General Counsel. He talked at length about how the AFM is not just a client for Bredhoff & Kaiser, but really a calling, and that the AFM was deep in the DNA of the firm and vice versa. He said he was brought to the firm in 1987 by Henry Kaiser as a trial lawyer to fight the many charges brought against the AFM by the NLRB.

He talked about the importance of the Lancaster Symphony case for the future of musicians as employees and organized workers, and how it needed the resources of a national union to fight a case like that. He received a very long standing ovation from the delegates.

A delegate rose on a point of personal privilege to point out that the Westgate was being picketed that morning by the Carpenters Local 1977 over the use of migrant workers with substandard wages and working conditions.

Gary Sirone, Chair of the International Musician committee, made his report with a balloon in hand and a tinsel crown on his head. “Happy 100th Convention!” He said that, in 2013, the IM Committee recommended that the IM increase its web presence and exposure at music conferences and trade shows. He said that most of that had been done. The staff has been able to collect data from visitors to the IM website and increase web ad revenue. The website now pays for itself with ad revenue. Meanwhile, paper copies of the IM continue to be important. The committee recommended that there should be clear goals for the IM.

Sam Folio said this was going to be Gary’s last convention as IM Committee chair, and presented him with a plaque.

Ray said there were a couple of delegates with birthdays today. One was Vice-President from Canada Emeritus Dave Jandrisch, The other was Deacon John Moore, long-time delegate from New Orleans, who turned 75 today after a lifetime of working with legendary musicians. Ray said he’d influenced everyone in the room, even if they didn’t know it, and asked him to come to the dais.

Deacon John Moore described it as a very emotional moment for him, as his birthday coincided with the day the first person of color (John Acosta) was sworn in as a member of the IEB. Ray asked him to sing, and he did: a stunning a cappella rendition of Sam Cooke’s It’s been a long time coming:

I was born by the river
In a little tent
And just like the river
I've been running ever since

It's been a long, long time coming
But I know a change gonna come
Oh, yes it will

It's been too hard living
But I'm afraid to die
I don't know what's up there beyond the sky

I go to the movie and I go downtown but
somebody keep telling me don't hang around

It's been a long, long time coming
But I know a change gonna come
Oh yes it will

Then I go to my brother
I say brother help me please
But he winds up knocking me
Back down on my knees

There's been times that I thought
I couldn't last for long
But now I think I'm able to carry on
It's been a long, long time coming
But I know a change is gonna come
Oh, yes it will.

Ray was in tears by the end, and I’m sure he wasn’t the only one. It was a truly great moment; one of the best of all the great moments I’ve seen over ten AFM Conventions.

Bruce Fife invited four delegates to the dais to thank them for 25 years of AFM Convention attendance.

Alphonso Pollard made the TEMPO Achievement Awards to Dave Pomeroy of Local 257 (Nashville), Pat Hollenbeck of Local 9-535 (Boston), Ed Malaga of Local 161-710 (Washington DC), and David Schoenbrun of Local 6 (San Francisco).

Ray and Tammy Kirk did a little morning talk-show host act while introducing the TEMPO sweepstakes drawing. The winner of the prize, a Yamaha electronic piano donated by Sam Folio, was Don Warner from Kansas City. Ray invited him to New York to pick it up and take advantage of all the work the AFM has done on the issue of instruments as carry-on baggage.

Candace Lammers, TEMPO Committee chair, reported that TEMPO had raised over $7,000 at the Convention.

Tom Baskerville of Local 30-73 rose on a point of personal privilege to thank the Convention for the remarkable acts of generosity shown to his local at the 2013 Convention. He said they had enabled the Local to keep its doors open during the SPCO and Minnesota Orchestra lockouts. He also thanked the members of those orchestras for supporting a significant increase in work dues, needed to return the Local to financial health.

Eddie Bayens, Law Committee chair, presented Resolution A, which enabled the IEB to act between Conventions and to correct any non-substantive errors in legislation that had been passed at the Convention. At least I hope that’s all it did, as it passed without objection. (In fairness, similar resolutions have been passed at the conclusion of all previous Conventions I’ve attended.)

Ray thanked Ken Shirk for all his work in putting together the Convention, and Ken received a standing ovation. Ken thanked the many staff who had worked on the Convention planning, including Diane DePiro, Nadine Sylvester, and Barbara Owens. He also thanked Pat Variale.

Ray suggested that the Convention award Jeff Freund the title of AFM General Counsel Emeritus, to which there was no objection.

Joe Carfagno moved to give Sam Folio the title of AFM International Secretary-Treasurer Emeritus, to which there was no objection. Sam received a standing ovation.

Ray gave an impromptu closing address. He thanked the staff and the IEB for helping him “survive the past 6 years.” He then said he wanted to say some “personal and positive things” about two fellow officers. He praised retiring Executive Officer Vince Trombetta, who he described as having “50,000 hours of experience” in recording in film, TV, jingles and everything else. He said that Vince would continue as a trustee of the Pension Fund.

Vince received a standing ovation.

Ray then talked about Sam Folio. He described meeting Sam at the AFM Convention in 1983 in Phoenix, at which Sam was elected to the IEB when he was a member of the so-called “West Virginia Mafia” (which included former AFM Secretary-Treasurer Kelly Castleberry and former Executive Officer Tom Bailey). He said he and Sam became close friends and walked many picket lines together. He described how, when his father died, Sam unexpectedly showed up at the service in the Methodist Church in Meridian, Mississippi, saying “you know I can’t let you do this by yourself.” He said Sam was one of the best friends he’d ever had and that he’d miss him.

Sam Folio then spoke. He said that one thing he learned from working with B.F. Skinner (the legendary psychology researcher) was about teachable moments, and this was one. He described getting a text from his granddaughter, telling him she hoped he wouldn’t win so that he could go home.

He said that one thing he wanted to make sure the union did not lose sight of was that we were nothing if we did not work for social change as well as for justice and fair treatment for musicians, and in particular that the AFM could do better in the area of disability issues. He spoke directly to the needs of blind musicians to get the same opportunities as everyone else.

He thanked his staff: Nadine Sylvester, Michelle Ledgister, and others. He talked about the need to increase the infrastructure and staff of the LA office in order to collect an additional $40 million for our members. He thanked all of the IM staff and editors, and said he saw members reading it (pointing out that symphony musicians always start at the back, with the help-wanted ads.)

He said he prepared three envelopes to give to Jay in the event Jay got into trouble. In the first envelope was a note that said “blame everything on your predecessor.” Sam said that would work for three years. In the second envelope was a note that said “re-organize.” That’s good for another four years. In the third envelope was a note that said “prepare three envelopes.”

Sam received a standing ovation.

Ray invited both departing and returning officers to speak. After that, the oath of office was administered to the elected officers by President Emeritus Mark Tully Massagli.

The convention was adjourned at 12:13 PM.

Election numbers

Total number of eligible votes        648

Secretary/Treasurer

Jay Blumenthal         430  (elected)
Sam Folio                    212

International Executive Officer

John Acosta        520 (elected)
Dave Pomeroy    515 (elected)
Tina Morrison    500 (elected)
Tino Gagliardi    496 (elected)
Joe Parente         409 (elected)


Carla Lehmeier-Tatum    290
George Troia Jr.                205
Joe Boettger                         89

Wednesday summary

The Convention was called to order at 9:05 AM.

Ray Hair introduced FMCS director Alison Beck, who made a very good presentation on the work of the FMCS, the changes they’re making, and the importance to them, and other unionized industries, of their work in the symphonic field.

Substitute Resolution No. 22 (French language services in Quebec) was reported favorably by Joint Law and Finance, and was adopted unanimously.

Recommendation No. 6 (FIF arrears housecleaning) was reported favorably by the Finance Committee and was adopted.

Recommendation No. 9 (EMSD Fee late payment) was reported favorably by Joint Law and Finance, and was adopted.

The Finance Committee recommended that Resolutions No. 5 and 6 be referred to the IEB, and the delegates did so.

Substitute Resolution No. 7 (Strategic Plan) was reported favorably by the Finance Committee and was adopted.

The Finance Committee reported unfavorably on Resolution No. 10 (Organizing study and campaign). It was defeated with no debate.

There was a 20-minute break at 10:40 AM.

John Leite gave the report of the Small Locals Committee.

The report of the Organization & Legislation Committee on Resolution No. 12 (Regional conference attendance) was unfavorable, and it was defeated.

The Organization & Legislation Committee suggested referring Resolution No. 16 (traveling engagements) to the IEB, and the delegates voted to do that.

The Organization & Legislation Committee suggested referring Resolution No. 21 (Distributing conference documents online) to the IEB, as the concept was already being implemented. The delegates voted to do so.

Tammy Kirk gave the report of the Good & Welfare Committee.

The Good & Welfare Committee recommend referring Resolution No. 1 (Officer training) to the IEB, with the suggesting that the IEB conduct a survey of local officers be made first on the issues raised. The delegates duly voted to refer.

The Good & Welfare Committee reported Resolution No. 2 (Convention delegate recognition) favorably with amendments. There was a further amendment to add “60 years” to the dates recognized, which passed, as did the amended Resolution.

Resolution No. 8 (Sound recording and recording for film and television) was withdrawn by the proponents without objection.

The Good & Welfare Committee Resolution reported unfavorably on No. 11 (disabled members’dues).

There was a motion made from the floor to refer to the IEB. After debate, the motion to refer was carried (with some opposition from those who wanted to vote on the original motion).

Recommendation No. 2 (Player conference delegate selection clarification) report of Measures and Benefits Committee favorable.

Gail Kruvand reported that the Measures & Benefits Committee reported favorably on an amended version of Resolution No. 20 (Extras and subs in orchestras).

There was much debate, and many delegates spoke in favor. There were two amendments that were in the process of being proposed when Gail Kruvand, chair of M&B, suggested to the Convention that the matter be referred back to committee and taken up again after lunch. The Convention voted to do that.

The Convention adjourned at 12:41 PM and reconvened at 3:00 PM

Gail Kruvand, chair of Measures & Benefits, reported that the Committee had listened to testimony over the lunch break and had decided to leave its favorable report on amended Resolution No. 20 unchanged. The proponent of one amendment asked to withdraw it, which was granted without opposition. Stephanie Tretick from the Pittsburgh local moved to amend the Resolution to delete the word “benefits.” After debate, the amendment failed. Amended Resolution No. 20 then passed unanimously.

Ray introduced new SSD negotiator Jane Owens.

General Counsel Jeff Freund discussed the issue of campaign materials on delegates’ tables. He discussed the AFM’s long history of open debate and distribution of campaign literature and said that there had been some action perhaps inconsistent with that (referring apparently to reports that a piece of literature from Sam Folio had been removed from delegates’ tables; he said that there would be a recess and any delegates who wish to distribute literature may do so.

Ray called a 15-minute break at 3:58.

After the break, the Convention went into the balloting process for the election of officers.

Election results

Team Unity won in a sweep. Numbers are not yet available, but the counting did not appear to go on for an unusually long time, which suggests that most of the races were not close.

Wednesday morning election predictions

There is no polling in the AFM, so I can’t play Nate Silver and dazzle my reader (assuming there is one) with statistics. But I think predicting the results of this Convention’s election is pretty easy.

For one thing, three of the four top offices were decided by acclamation after there was only one candidate nominated for each. For another, only one of the three challengers for IEB (in this case "challenger" being defined as non-incumbent or non-“Team Unity” candidate) comes close to the traditional standards for IEB electability; that would be George Troia.

Regarding the election for Secretary-Treasurer, many delegates like Sam Folio and appreciate his decades of service to the AFM. But I think they’ll vote for Jay Blumenthal anyway. Ray’s administration is generally perceived as a great success to date; being on Ray’s slate will carry Jay over whatever hurdles are posed by the delegates’ warm feelings towards Sam.

The same is true of the IEB slate members. Of the three non-slate candidates running for IEB, I expect George Troia will get the most votes.

Of course I could be wrong about any of this. But this year, of all the years I’ve been predicting AFM elections, I’d be shocked if I was.

Tuesday roundup

After having taken copious notes throughout the day, I find myself too tired to clean them up and post them. So I’ll do a very quick summary of the day’s business for those impatient to know the real news.

The day began with the Memorial Service required by the Bylaws to be held on the second day of every Convention.

The Secretary of FIM, Benoit Machuel, spoke.

Paul Frank, AFM director of Organizing & Education, made a presentation that focused on the Fair Trade Music campaign in Seattle. He called Motter Forman, president of the Seattle Local, to the dais to speak on the subject. In turn, she introduced Nate Omdal, a young Seattle club musician who’s been very active in the campaign, to talk about it, which he did in a truly inspiring manner. Both Motter and Nate received a standing ovation from the delegates.

Substitute Recommendation No. 4 (Officers as Fiduciaries) was adopted by the Convention. Substitute Recommendation No. 3 (regarding contract ratification), which incorporated the two Resolutions regarding electronic voting as well, was adopted.

Resolution No. 19 (Social issue discourse by AFM) was withdrawn by the proponent after the report from the Law Committee was unfavorable.

Resolution No. 18 (Convention delegate entitlement) was withdrawn by the proponents after they discovered that some of the data on which they'd based the resolution was apparently flawed. They said they hoped to pursue the issue at a future Convention.

Recommendation No. 1 (no changes in AFM dues) received a favorable report from the Finance Committee. Finance chair Brad Eggen gave a detailed explanation as to why the Committee report was favorable. Recommendation No. 1 was adopted unanimously by the Convention, with essentially no discussion.

In the afternoon, the Diversity Committee presented two awards to young musicians.

Paul Frank introduced Stewart Williams, president of the Dallas-Ft. Worth local, who talked about the Fort Worth Symphony negotiations and their public campaign to defeat management’s attempts to force concessions on the orchestra.

Recommendation No. 5 (Per capita, FIF, FWD reporting) was adopted unanimously after a favorable report from the Finance Committee. Recommendation No. 7 (Maximum work dues housecleaning correction) was also adopted after a favorable report from the Finance Committee.

The Finance Committee report on Resolution No. 3 (O&E fund accounting) was unfavorable, and it was defeated on a voice vote after no debate.

Resolution No. 9 (Salary and expenses itemizing) was withdrawn by the proponent.

Resolution No. 13 (on-geographic local conference affiliation) was withdrawn by the proponent.

Resolution No. 4 (Recording contracts and RMA role) was defeated on what sounded like a unanimous voice vote after an unfavorable report from the Law Committee.

The Law Committee recommended that Resolution No. 17 (Orchestras in residence work dues) be referred to the IEB, which the Convention did on a unanimous voice vote.

Kim Roberts Hedgepeth, head of the Film Secondary Markets Fund, reported on the work of that fund.

Ray called Nathan Kahn to the dais to present him with an AFM Lifetime Achievement Award (perhaps the first one; I don't recall that being a thing). Nathan received a long standing ovation from the delegates.

The Chair of the Election Committee laid out the rules for nominations. Nominations were then held.

Ray Hair was the only candidate nominated for AFM International President, and thus elected by acclamation.

Bruce Fife was the only candidate nominated for AFM International Vice-President, and thus elected by acclamation.

Alan Willaert was the only candidate nominated for AFM Vice-President for Canada, and thus elected by acclamation.

Jay Blumenthal and Sam Folio were nominated for AFM International Secretary-Treasurer.

George Troia, Dave Pomeroy, Joe Boettger, Tina Morrison, Joe Parente, Tino Gagliardi, John Acosta, and Carla Lehmeier-Tatum were nominated for AFM International Executive Officer.

Lovie Smith-Wright was nominated for AFL-CIO Convention delegate.

The Convention was adjourned at 4:14 PM.

Thoughts on the Westgate

In many ways, the Westgate Las Vegas is as close as the AFM could come to holding the Convention at the Riviera without actually un-imploding it. One delegate remarked that the bathroom outside the coffee shop might well have been the outside Kady's at the Riviera, disassembled and moved to the Westgate.

The Westgate started life as the International in 1969, which, in terms of hotels on the Strip, makes it nearly contemporaneous with the Riv (ie, ancient history), and the decor of the gaming and convention areas is very similar. Overall, it feels very much like a Riviera that’s been consistently well-maintained; in particular, the HVAC systems do a remarkably good job with cigarette smoke and the accompanying odor. (By contrast, my “non-smoking” room at the Riviera in 2013 stank so badly of smoke that I left and found a room at another hotel. The first thing the cab driver said to me, when it was clear I was leaving the Riviera for another hotel, was “Riviera is DUMP.”)

The hotel rooms, on the other hand, are a definite upgrade from those at the Riv, even in its glory days, although so are the room rates. One downside of the Westgate, relative to the Riviera, is the absence of anything at all nearby. (I would have written “within walking distance,” but in the current near-record Vegas temperatures, only mad dogs Englishmen are seen walking this week.) There were some nearby dining options at the Riv, including the ever-favorite Pepper Mill classic coffee shop next door, for those who wanted out of the hotel; not so true at the Westgate. For those that do want to venture out, however, the Las Vegas Monorail has a stop right by the back door. It only goes to other casinos' back doors, but at least it does so in air-conditioned comfort.

So far, the only unpleasant experience I’ve had here was at check-in; waiting in line for 40 minutes at midnight on Sunday to check in was not a good way to end a long day. It would be nice if that could be fixed by 2019.

It’s funny watching everyone (self included) trying to figure their way around the hotel. The Riviera felt so familiar to so many delegates that it really was like home, even though it was objectively a very confusing layout, having grown like topsy and seemingly without much thought over the decades. No doubt the Westgate will come to feel equally familiar if the AFM comes back in future years, which seems probable at this point. It is definitely more logically laid out than was the Riv.

Some of the reasons to hold AFM conventions in Las Vegas no longer apply. The group rate the AFM got for the Westgate is not markedly cheaper than what could be found in a number of major cities (which was not the case at the Riviera), and flight options to all major venues have increased greatly since the AFM made Vegas its quasi-permanent convention venue. The relationship that the AFM has with the Westgate, and the staff’s experience setting up the Convention here, will undoubtedly play a major part in the AFM’s thinking about 2019, as those considerations should.

I’d be happy to come back to the Westgate, based on my experience here so far. But I wouldn’t mind not coming to Vegas in the summer either.

Monday morning Convention session

AFM Convention Monday morning

I missed the first 15 minutes; I walked in on the video of the Riviera implosion that Ray had taken from his balcony last week.

A rough transcription of Ray Hair’s address to the Convention:

In 1896 delegates met in Indianapolis to build the union of their dreams. A difficult and dangerous time for unions; unions reeling under pressure from employers. The Haymarket Riot left 11 people dead. Lockouts, riots, soldiers escorting scab workers. Enormous power struggle; “every worker should have the right to deal directly with their employer.” Worker “freedom”. It was against this background that musicians traveled great distances to meet in Indianapolis. They believed musicians deserved respect and dignity; they believed in fairness and they believed we are stronger together. Today, 120 years and 100 conventions later, that common purpose still stands.

Talked about what “this marvelous team” has been doing since last convention. 2013 convention was like no other convention in the past. Talked about 1999 convention. The unity thing we brought back in 2010 was a great thing; talked about donations to Local 30-73 to support Minnesota Orchestra and SPCO lockout; we raised over $60K for the Local.

We came together to recapitalize the union. At each convention since 1983, there has been a tug of war over finances. Work dues on contracts, travel musicians, huge per cap increases, MPTF engagements, dues on film and sound special payments funds, which ignited an existential crisis.

None of them resolved the AFM’s problems until 2013. This team took that challenge head-on. Barely any cash left when we took office; cut everything except what we needed to keep the lights on. Downsized offices, moved West Coast office into Local 47, invited MPTF back into 1501 as a paying tenant.

Looked at our industry agreements; most were open, expiring, or extended without improvements. huge undertaking to deal with. It seemed that previous administration had no real interest in keeping them current; and employers were happy with that. Negotiations are expensive; legal fees and travel costs. 

Then there was relocation; lease would expire in January 2016. We had nowhere to go. We paid off relocation fund (close to $4M in fund now); have improved Federation finances by over $5M. We have stabilized Federation finances (applause). We have whole new revenue model. For the first time since I’ve been coming to Conventions, IEB will not be asking delegates for more money. You trusted us with members’ money in 2013, and we did what we said we would.

By December 2014, we had negotiated a deal to purchase space near WTC. We had financing and required cash on hand. Had plans, including for tenants (MPTF and others). We were spending $760K annually for space; in new space, projected occupancy costs would stabilize at equal to or less than the cost of a new lease, which would always go up. Owning your own space is a no-brainer; only way to stabilize occupancy costs.

So why didn’t we do it? Problem was cash flow. During 14-month construction period, would still have to pay on current lease. We planned for that; deal was in budget. It was the deal I said we would do.

The problem was $650K of new revenue earmarked for relocation; it didn’t materialize; fell far short of expectations. It wasn’t clear we would have cash for that and for normal operations. We could have bet that it would have worked out; that was a risk we weren’t willing to take. We couldn’t rely on a level of new income that would cash flow the deal during the 2nd year; it looked like we’d be $1m upside down by now if we’d done it.

We negotiated a 3-year extension of current lease; continue to cash up. have done every year. Your money is still in the bank, waiting for deployment. We will start process again in 2017.

In 2013 we promised to hire a Canadian IR and we did. Another promise we made is that reps would be back in the field and they’ve done that. You’ll hear about organizing successes in Seattle and other places. We promised to add new staff and we did. We’re bringing in new assistant controller for finance, also responsible for MusicPays, our new payroll service. Talked about new communications director; she’s consumed with revitalizing afm.org. New site is modern and mobile-capable. Up now. We’re excited about it (Ray showed a video of National Symphony violist Jennifer Mondie playing the Bach G major Suite prelude and talking about the AFM). Ray described it as “one of the best testimonials I’ve ever seen.”

Ray talked about Lew Mancini; head of booking agent department when I came on. Mr. Federation. We were so fortunate to have Lew and Laura with us through the years. We really miss them. It was a shock when he told me that he’d be saying goodbye. Figured there was only one person in the house who could keep the show on the road in their absence; Ken Shirk (applause).

Talked about government relations department and Alphonso Pollard. Working on ivory issue, Fair Pay Fair Play Act (terrestrial radio performance rights) and backlog in Canadian member visa approvals. Also have made tons of progress on instruments on airlines issue.

Also promised in 2013 is that we would aggressively enforce our CBAs; an area we have long neglected. Why would employers respect the contracts if we didn’t enforce them? They all fit together, and need to be protected and respected, just like the union. Can’t just keep extending agreements. Can’t keep up with media trends if we stay away from bargaining table.

We don’t hide from negotiations like we used to; we look forward to them. A great opportunity to accomplish many things. If we organized to bargain and barging to organize, everything falls into place. Better agreements also mean more work dues and more pension payments. Hand in hand with successful negotiations comes enforcement.

Industry agreements date from first half of 20th century, when we ruled the entertainment business. What we said went. We had no need of the courts; we had our own justice system. We even arbitrated our own contracts; that’s how tough this union was. That’s why most of our contracts didn’t have grievance arbitration procedures. Employers used to bet that we wouldn’t go to courts to enforce; they lost that bet with this administration. Pension Fund board voted unanimously to sue the record companies and film companies to get lots of unpaid contributions. Talked about suing over off-shoring. Got a new signatory for the first time in years and years. A significant increase in covered employment. Studios in LA are busier than in years. We sued Sony Music. In the past we would assert claims and they’d sit there. They didn’t believe we’d make them pay. Our in-house counsel Jennifer Garner took them to court and we settled those claims and some of our movie claims. We’ve settled $1.4M in claims with Sony Music, most of which went to musicians.

All this makes for a stronger and more credible AFM.

Talked about membership levels. Talked about how everyone remembered the day they joined the union (except me for a moment; Ray thought I had raised my hand but I hadn’t; it was a bit of a shock to hear that callout from the dais!). Talked about the past history of AFM control of the music business and the ways that control was exerted. Evolved over decades and came to a screeching halt in 1978 when a settlement was reached with the NLRB that said that venues were no longer employers and musicians couldn’t be considered employees of the venue. Mentioned recent Lancaster Symphony victory; NLRB ruling that musicians were employees.

We were excluded from protections of federal labor law. All our agreements that considered venues as employers were in conflict with the law. I was on the road at the time, working under those excellent agreements. I’d read the bylaws before I’d go to bed. That settlement came about because there were hundreds of ULPs against the AFM. Jeff Freund had just been hired by Henry Kaiser and was assigned to defend those cases. Who filed these charges? Our own members; the band leaders, who were also side musicians on alternate nights. As band leaders, the union cost them money. They wanted to have their cake and eat it too. The employers bust the union from the inside. President Fuentealba settled with the NLRB. Who was really behind it? Hotel and restaurants and entertainment companies. That’s who was putting the money up; using our own members to bust us.

For those of us using those agreements, it was devastating. They urged musicians to leave the union; all kinds of games. Talked out doubt contracts; the agent became the purchaser. They kept the difference between wages to musicians and fees charged to purchasers that we used to get. The fact that we could play at all became part of our compensation. Freelance work became the Wild West. Musicians left the union in droves, following the orders of the bookers and the employers. They treated us as if we were slaves. Demanded huge commissions, threatened our future if we dared to exist. It hurt the union; the traveling musician financed the union, 250,000 members then. We were a standard-setting union; we didn’t bargain wages but imposed them in the freelance market. That’s where we have gotten lost.

Where employer/employee relationship was clarified (symphonic, theater, media), the AFM still ruled. But for freelancers, Locals fell back on MPTF for work for musicians. After 1978, MPTF might have been the glue that held the union together. It was money AFM bargaining from record companies to compensate for lack of performance rights in copyright act in 1909. Talked about the Petrillo strike.

AFM’s high-water mark was 1976: 330K members. Talked about changes in how freelancers promote themselves in the social media age. Talked about streaming money; employers get most of the money. We can change that.

We’re 100% committed to rebuilding our locals. First we had to achieve positive financial results, which we have. We’re not going to leave MPTF behind.

Talked about the gig economy; musicians know more about it than anyone else; we’ve been doing it for 120 years. Today it’s media first and then gigs. Production and distribution have converged into new low-cost model. 5 billion videos are viewed every day on YouTube. It’s about online on-demand content. Dramatic innovation in digital has disrupted everyone, particularly union agreements. We have to negotiation progressive and relevant agreements to get new members.

New media is headed for the smart phone. There’s about to be a massive turn from TV sets to mobile devices. You can live-stream now on Facebook. That’s why new afm.org is mobile-compatible; we need to be ready for new media friendly musicians. Talked about SoundExchange and AFM-SAG-AFTRA fund capturing streaming revenue for musicians.

We’ve reinvented ourselves every time there was technological change since we started, and we did it through collective bargaining.  Talked about Taft-Hartley and testifying re changes to Congress in the 90s. A lot has happened since 1978, and we’re going back in there and make changes.

This is a seminal moment in our history. 70 years we made them pay on record sales; now it’s time to make them pay on streaming. Badly needed for MPTF, pension fund, residual funds. Looking ahead, we have the most important work we will ever do. We make the music but don’t see the money. We’re going to change that. When we do the right thing and act like a union, we will win. Employers will try to distract us; they want us thinking about our bills and not our union cards.

(standing ovation)

Ray then introduced IEB and AFM staff on podium. Ray introduced a video message from AFL-CIO President Richard Trumka (probably scripted by Ray, but nothing wrong with that.)

Ray introduced guest speaker David White of SAG-AFTRA.

Greetings from SAG-AFTRA members, who share the challenges you face.  We’re a supportive sister union; long history of working together. Talked about AFM-SAG-AFTRA Distribution Fund. We partner on SoundExchange, and work internationally together on issues like the Beijing Treaty. Talked about international collection organizations we work with. We work together on Fair Play Fair Pay; also designed to ensure that older artists get performers rights too and be fairly compensated. We should be thanking this group of musicians as a society, and instead have set up a system that allows them to die penniless. I want to thank Ray for the work that he does on this issue. Thanked John Acosta as well for his collaborative work.

Now is the time when unions like ours need to stand together against the market forces that strip your leverage to the bone. What is going on when the industry is making more and more money worldwide off our members work and yet per capita payments to us are getting less and less. Companies are making more and we’re making less. We’re trying to explain this in a way that facilities better bargaining and advocacy.

Globalization; no question that ability of companies to go overseas and work with talented artists unprotected by a viable union has an impact on our ability to use our leverage in North American to get good compensation and working conditions.

Lack of accountability of big parent companies, where all the money goes, for the work of small companies that we deal with. They squeeze the small companies; all the money goes up, and the smaller companies then cry poverty. These large companies that are making all kinds of money - the industry is growing, but we don’t sit at the table with them.

Niche audiences; “fragmenting audiences” Big companies well-position to find the smallest audiences and make money oft them. In the past, companies wanted aggregate audiences. Now it’s the opposite; now they’re looking for a audience of one. Familiar trend to musicians; think Pandora and Spotify. Think of the result that’s had on the ability of royalty artists to make a living. They exploit your work and pay you fractions of pennies for that. Your music becomes pervasive around the world. We all live off the music that you create and you get paid fractions of a penny. Pandora and Spotify are just one version of that phenomenon.

It’s all part of a trend; that the big companies can flourish but the money available to pay the creators gets smaller and smaller.

Fourth trend; entrepreneurial mind of our own members. We all use this technology for our purposes personally. Collectively we hate the technology, individually it helps us be seen and heard. That’s how people see themselves and will in the future; as performers and entrepreneurs both. We somehow have to be a counterweight to these emerging forces and still create space for that entrepreneurialism.

Task before us is complicated and difficult, but there are things we can do. I’m actually optimistic; first we have to be aggressive; we cannot lay low; can’t wait to see how it unfolds and lands on top of us. Fact that you’re leaning in in your negotiations; that you’re doing these lawsuits against the larger companies; that’s innovative in our industry, as well as risky. We’re great fans of Bredhoff; you’ve hired the best. We appreciate that you’re making strategic decisions to move the ball forward.

Second; we must present unity. SAG has had its internal disagreements, which tended to play out in the press. I hope you always position yourselves to present unity. Employers don’t need to be exposed to those battles. Have them in here as a family, but we present unity. The companies figured out how to do that; so can we.

Talked about SAG-AFTRA constituencies. You and they carry forth the tradition of culture internationally. SAG-AFTRA stands in partnership with you.

(standing ovation)

Ray did some further staff introductions. Introduced director of SoundExchange. Mike Huppy, who made a presentation on SoundExchange, sources of revenue, administration, and other issues.

Ray called a lunch break at 1:50 PM.

Mike Huppy from SoundExchange made a very interesting presentation, but by that point, the delegates had been sitting for two hours listening to people at the podium talk at them. I suspect that most of them didn’t take much away from the presentation; I know I didn’t. I’m hoping to get a copy of the PowerPoint presentation he used; it looked very good.

David White fared somewhat better. His talk was less technical and he is a wonderful speaker. He also had the good fortune to be earlier in the morning.

Ray has given better addresses to past Conventions. This one seemed a little disjointed and flat. Substantively, I found his focus on maintaining and growing MPTF interesting, as was his emphasis on getting streaming to pay musicians more. There was virtually no mention of the symphonic or theater worlds, but then those worlds have been more stable than they were prior to 2013, when he spent far more time on those topics.

There doesn’t appear to be a lot of energy in the room. I’ve felt this on occasion at past conventions as well, but in a more negative form. This convention doesn’t feel as if delegates are discouraged or angry; it feels more as if the delegates don't expect anything interesting to happen. They might well be right, and a lack of what has passed for “interesting” at past AFM Conventions would not be a bad thing, except for those of us who write about it.

Resolutions - the union’s id at work

Recommendations are generally very sober and careful affairs. Resolutions, on the other hand, can appear to be eruptions of the institutional unconscious mind. A typical convention’s crop will range from proposing small operational improvements to barely disguised expressions of rage at the way things are going. This year’s crop is no exception.

Resolution No. 1 proposes an officer training program “as a means of combating declining Federation membership.” Not a bad idea, but probably not a very effective one either, given the likely lack of Federation resources to do anything more in this issue. I suspect it will be popular and may pass in some form.

Resolution No. 2 proposes that “at each Convention the AFM shall recognize convention delegates who have attained 25, 35, 40, 45 or 50 years of membership in the AFM.” A nice idea, and likely to be adopted in some form.

Resolution No. 3 proposes a monthly report on how the new funds devoted to organizing authorized by the 2013 Convention were spent. I suspect the proponents aren’t very happy with where they think the money’s gone. One of the titled officers will probably give a defense of the organizing department from the podium and the resolution will either be defeated or withdrawn as a consequence.

Resolution No. 4 can best be summarized as an invitation for the RMA to go fuck itself. There will no doubt be a lively discussion over this invitation, after which the resolution will be defeated - possibly by a roll call vote. At least that’s how I’d play it if I were the RMA.

Resolution No. 5 (which was proposed by yours truly) directs the AFM to develop cloud-based membership maintenance software as an alternative to the various home-brewed schemes that most Locals use now. A similar resolution I proposed a convention or two ago failed; this one might not, depending on the frustration level of Local officers over paying for software development and their understanding of the virtues of cloud-based software.

Resolution No. 6 (also proposed by me) directs the AFM to develop cloud-based accounting software for use by Locals. We’ll see.

Resolution No. 7 calls for the development of a strategic plan for the AFM and the assignment of one full-time staffer and $150,000 towards that end. Interesting idea; probably won't pass.

Resolution No. 8 has to do with the role composers play in the creation of electronic media and the interaction of that dynamic with the AFM’s media agreements. I don’t fully understand this one, but there are plenty of folks at the Convention who will. It will be an interesting discussion, and I have no idea what the outcome will be.

Resolution No. 9 is a good example of the disguised rage I described above. It would require that “ In the AFM Annual Report all salaries and expenses shall be itemized.” As the salaries of the officers are set in the bylaws, this would require disclosure of all staff salaries - even though many (if not all) staff salaries of the US staffers are laid out in the LM-2 filed by the AFM with the Department of Labor. It may be that the real target are expenses, and there’s no question that there have been expense account abuses in the AFM’s past But there is already a mechanism for reviewing expenses at the IEB level - one which apparently the proponent does not trust. I doubt this is going anywhere.

Resolution No. 10 calls for a task force on organizing and a new recruiting drive. I suspect the IEB will explain that they’re already doing all that can be done with available resources. A lengthy discussion will ensue, at the end of which the resolution will fail.

Resolution No. 11 would excuse musicians unable to work due to illness from dues payments. As this is how the Lester Petrillo Fund is used in practice, and given the difficulty in ascertaining which members are truly unable to work due to illness, I can’t see this one going anywhere.

Resolution No. 12 pertains to attendance, and non-attendance, of Locals at meetings of the regional conferences. It would require Locals unable to attend such meetings to seek and receive a waiver from the IEB; in the absence of such waiver, the Locals would be fined for non-attendance, with the fines going to the host Local. I’m sure this is a real problem, if not a huge one, and some version of this may pass.

Resolution No. 13 would give Local 1000, currently the AFM’s only non-geographical Local, the ability to affiliate with a regional conference. It seems very commonsensical; I wonder if there will be any opposition, and why.

Resolution No. 14 would allow Locals to use online balloting for ratification of Local CBAs. It has a good deal of support, judging by the fact that multiple Locals and all of the Player Conferences are proponents. I’m sure it will pass in some form.

Resolution No. 15 appears to do the same thing for AFM national agreements. It too is likely to pass, albeit with some tweaks.

Resolution No. 16 has to do with traveling engagements. It is not clear to me what it is intended to achieve, but that is likely due to my ignorance of that field. The proponents are Local officers from the Boston and Hartford-New Haven locals.

Resolution No. 17 essentially calls for the Cleveland Local to pay the Miami Local a portion of the work dues paid by The Cleveland Orchestra for the weeks the orchestra is in residence in Miami. Not surprisingly, the proponent is the Miami Local. It’s not clear what the justification for this concept might be aside from the claim contained in the Resolution that “An orchestral residency has a much more significant impact on the local musical community than an orchestral tour.” I don’t think this will pass; Locals with large orchestras will be leary of additional restrictions on those orchestras traveling or doing residencies, not to mention paying other Locals for the privilege of having their orchestras travel.

Resolution No. 18 changes how the number of Convention delegates is computed based on Local membership. If I’m reading it correctly, it would make the number of delegates sent by a Local more closely reflect the Local’s membership; in particular, it would take some delegates from from small locals and give them to some big Locals. There will be much discussion on this; if the large Locals take it to a roll call vote, it will pass. The question is whether the larger Locals view this as a priority and worth the negative feelings created amongst the smaller Locals.

Resolution No. 19 would insert the following into the Bylaws:

The AFM as an organization or any AFM officer or employee when speaking on behalf of AFM or representing AFM, shall not publicly, verbally, in writing or through any other means, state a position on social issues that do not directly affect the position of professional musicians through improved wages, benefits and working conditions, including but not limited to, abortion, illegal immigration, gun rights and same sex marriage, so as not to create wedges that can be exploited by employers to divide the solidarity of our members on workplace issues that directly affect their position as professional musicians.

I wasn’t aware that AFM officers or staff were in the habit of speaking on behalf of the AFM about culture war issues. Unless the proponent can cite many egregious examples, I don’t think this is going anywhere. Oddly enough, I am rather sympathetic to the principle behind this Resolution; there are not many occasions calling for the AFM to get involved in the culture war. But I don’t see that such restrictive language is the way to put that principle into practice. I don’t think the Convention will think so either.

Resolution No. 20 has to do with the rights of subs and extras in symphony orchestras. It would add to the section of the Bylaws entitled “Policies of the AFM” the following language:

• i. negotiate, at a minimum, per-service wages for substitute and extra musicians that are at per-service parity with minimum scale wages for full-time musicians.
• ii. negotiate, at a minimum, pension and so-called “health & welfare” contributions for substitute and extra musicians that are at least as high a percentage of minimum wage as are required to be made for full-time musicians.
• iii. allow substitute and extra musicians to elect their own rank- and- le representatives to the contract negotiations that determine their compensation and working conditions.
• iv. allow substitute and extra musicians the right to ratify the collective bargaining agreements under which they work, or those provisions of those collective bargaining agreements that solely affect substitute and extra musicians, in accord with basic principles of union democracy.

The Resolution was put forward by my Local and by former ICSOM chairman Brad Buckley (currently a Local officer in Jacksonville). Needless to say, it has caused some controversy. The notion that subs and extras should have the same rights of representation and ratification as every other AFM member working under a CBA is apparently as strange to some orchestra musicians as the notion that full-time orchestra musicians ought to have those rights seemed to some Local officers in 1962, when ICSOM was formed largely over those issues.

No predictions on this one - at least not from me.

Resolution No. 21 calls for all Convention documents needed by delegates be put online prior to the Convention. Seems like a no-brainer to me; probably will seem that way to most of the delegates. The only question may be why this isn't being done already.

Resolution No. 22 calls for essentially all AFM documents and communications be in both English and French. It’s a nice idea; if it goes down, it'll be because of cost.

The Recommendations

The work of an AFM Convention is to elect officers and amend the bylaws. Most of the floor time (and, except for the Election Committee, all of the committee time) is spent on the latter. So it’s always worth paying attention to what’s being proposed.

Legislation comes in three flavors. The first is (are?) Recommendations; these are proposals made by the IEB. The second are Resolutions, which come from delegates, Locals,  Player Conferences and regional conferences. Both Recommendations and Resolutions have to be submitted well in advance and are published in the International Musician before the Convention. The third are emergency resolutions and recommendations, which are made at the Convention with the permission of the body.

I suspect that my most lasting contribution to the AFM will be the legislation I wrote a few conventions ago that required the IEB to submit a proposal for dues changes as its first Recommendation and required the Convention to deal with it as its first major item of business. Oddly enough, it was an idea that won general support very easily - due, I suspect, to the frustration that so many delegates had felt over the years with the complete absence of the IEB in the discussion of such issues at the Convention.

In most institutions it would be surprising that the elected leadership had nothing to say about the institution's revenue. In the AFM, no self-respecting candidate for office would ever have been caught dead saying in public what he/she thought dues ought to be; that was left to the unelected members of the Finance Committee, who of course weren’t running for office and weren't responsible for running the AFM. As a consequence, the process of setting dues was profoundly opaque and frustrating to all concerned - including, to my surprise, the members of the Finance Committee, as I discovered when I testified to them about my proposal.

The process is no longer opaque - the IEB is required by Bylaw to make a proposal for dues changes as Recommendation No. 1. The Finance Committee still considers it, and can propose changes before it goes to the Convention. I suspect that, this year, they won’t change a thing, as Recommendation No. 1 proposes no changes to the dues structure at all. I suspect that, as at the 2016 AFM Convention, the delegates will hear an extended discussion of the AFM’s finances, after which they will approve the IEB’s proposal. There is no hotter issue at an AFM Convention than a dues increase, and most delegates will be happy to avoid having to consider one.

Of the remaining eight Recommendations, six appear to be simple technical fixes to existing language in the Bylaws with little or no substantive impact on anyone. One of the two remaining, Recommendation No. 3, is a replacement of language governing ratification with new language, and it’s not clear to me if it’s a substantive change or simply a clean-up.

Recommendation No. 4 appears to be the sole IEB proposal for a substantive change to the bylaws; it establishes a fiduciary responsibility for Local officers. The core language is this:

It is the duty of each Local Officer to hold the Local’s money and property solely for the benefit of the Local and its members and to manage, invest, and expend the same in accordance with these Bylaws and the rules and policies adopted by the IEB, to refrain from dealing with the Local as an adverse party or in behalf of an adverse party in any matter connected with his or her duties and from holding or acquiring any pecuniary or personal interest which conflicts with the interests of such organization, and to account to the organization for any profit received by such Local Officer in whatever capacity in connection with transactions conducted by him or her on behalf of the Local.

I can imagine some questions being raised about the obligation to “refrain from dealing with the Local as an adverse party” if that could be construed as applying to other than financial matters, but I suspect the IEB meant the language to be about financial dealings and not policy matters.

There is usually a backstory to such substantive proposals, especially when they are of the “isn’t this already required?” variety. I’m sure the backstory here reflects badly on some local officers somewhere.