Ray called the meeting to order at 2:03 pm PDT.
Ray talked about his determination to negotiate streaming residuals for TV and film as well as for our sound agreements. We are still the only creative professionals who work on that product who don't get what we deserve from the employers re streaming residuals. So we are going forward with a very aggressive campaign to fix this. We're visiting with the late-night bands in NY and LA. Introduced member of negotiating team; music-prep specialist named Jason Poss(?).
Never attended AFM Convention before. I'm here to speak for you for 2,000 of my colleagues who work in TV productions in North America. They're facing a shift with potentially disastrous effects. Streaming has the potential to be a bounty for us and for our pension fund. But if we do not achieve fair contracts, musicians who do this work could see their income drop as much as 50%, even though doing the same work. Not because the work is going away. In addition, we should looking at a loss of millions of pension contributions.
If this comes to pass, catastrophic to those who work in film and TV. In spite of this, a movement has begun that gives me great faith in my fellow musicians. I am part of a group of musicians who are transforming how they think of themselves. We've started banking together to determine what we can do to fight for a better contract.
Talked about background to campaign. Described campaign; set up meetings with every show in town to find out what they needed. Did a survey too. That formed a framework where musician needs were driving the negotiation. AFM and Local 47 provided us with organizing support and training, but didn't just tell us what needed to be done. This was the formation of the Contract Action Team. Musicians are increasingly of the understanding that they are the union.
Next week we will take our first action. 100 of us will deliver a petition to the producers' offices signed by a super-majority of our people; first time in decades that we have spoken with a united voice directly to our employers. This is only the beginning. This is going to be a very tough struggle. We're going up against the biggest media companies; those that dominate the media we see every day. These companies are in your locals. We don't know where this campaign will lead, but we need to show that we're fighting for our future.
Standing ovation; nice speech.
Eddie Bayens Law Committee: Resolution No. 1 (Local musician exclusivity in Pamphlet B contract). A natural interaction between traveling musicians and local musicians. Committee listened to interest to all parties all involved, but there are legal problems. Other issues around definition of "self-contained." We would submit substitute resolution No. 1 (AFM will be guided by the principle the the Agreement included a requirement that Local Musicians will be used in any ci.ty where there exists sufficient Local Musicians.)
Discussion: Smolik St. Louis; opposed to substitute. Pamphlet B would have to be opened up, and originally was for traveling agreement, except it has to fit with local CBAs. Lawsuits who did not want a traveling theater contract. Rule 61 became Rule 24 became Pamphlet B. (not sure I understood her point). To open up any portion that concerns Rule 24, very risky to do. Could have a chilling effect on local theater musicians nationally. Travelers are actually laid off in cities with Rule 24 language.
Local 6-55 Miami; grammatical point. Noted by chair.
Local 802; concerned about one aspect; so broad that it might affect the core traveling group.
Ray; amendment needed. Pamphlet B does not apply in 802
802: but shows under Pamphlet B often put together in 802
Koss: what does "sufficient" mean?
Eddie: sufficient number of people of quality.
369: amendment: add "and that such Local musicians shall be retained in compliance with and for not less than Local scales and conditions." Seconded.
Discussion of amendment
369: we recently had a situation in Vegas, Pamphlet B production of Chicago hosted at Venetian. Contractor paid non-union rates. We couldn't address. Like to end that practice.
Bruce Schulz Tulsa; is amendment germane to subject matter?
Ray; will let debate continue
Pinto Boston: against the amendment. Understand spirit of it, but need to get local musicians hired first.
369: regarding original text, states in negotiations of Pamphlet B. Expires in 2020. Doesn't help local musicians employed if they're employed at scab wages?
Ray: exercise my right to talk to you about amendment. Pamphlet B bargaining with Broadway League. We bargain in Rule 24 the allocation of the score in those jurisdictions covered. Sometimes shows always pick up local musicians because they're only carrying a core group. Local musicians not engaged by touring producer; engaged under terms they'll accept from contractor. In Vegas situation, producer decided to four-wall the hall and present 2 weeks of Chicago. Tour brings in basic traveling musicians and picked up local musicians to complete the show. Unfortunately there was no CBA at the hotel, and the hotel was not the employer. I could not convince the employer to do the right thing, and somehow they located a non-union contractor who brought people in to work it. No provision of Pamphlet B that required compliance with Local scales. Wanted to strike the employer, but in 2001 under previous administration at the Broadway League negotiations we agreed to no strike no lockout clause. So we couldn't. That provision has to get bargained out for us to have the leverage we need.
So I want to politely speak against the amendment, because it doesn't solve the problem.
369: on the assurance that we will really attack this problem, I ask to withdraw the amendment (no objection).
Local 72-147: grammatical correction of correction.
Ray: we've sent off to the appropriate folks at Oxford to look at this.
Couture Boston: in favor of resolution. AFM needs to honor its locals as the foundation of its existence. (Medical emergency; debate suspended. 911 called). Recess at 2:57 pm.
Reconvened at 3:25 after delegate with medical emergency was carted off by EMS. That was the first medical emergency during a session I've seen in 11 conventions, which, given the demographic of the delegate population, is rather surprising.
Couture Boston: Institutional imbalance favoring traveling musicians in Pamphlet B. Rule 24 only affects locals with grandfathered CBAs. Any venues opened or organized in the last 27 years aren't protected by Rule 24. We have to find a way to get our local theater musicians working again on national touring shows. They need that work to survive and prosper. We ask for your support in future negotiations, as well as with measure.
Pinto Boston: suports for resolution for similar reason
Hollenbach Boston: we support this. Really tough on local players; hard to explain to member why the AFM has a rule that prohibits them from working in their own local.
TMA: figured I should weigh in. Tough one for me personally, as my theater work is local. I see the benefits of this personally, as president of TMA I can't get behind this; pits locals against travelers.
Ray: on this resolution. "will be guided by the principle." Might be part of the crux of the matter. Those who have been at Pamphlet B negotiations under my leadership know that we engaged an employer who'd been getting away with murder for a long time. We had to catch up and catch up because of what had been let go for years and we did. We had local officers and player reps come to our caucuses. We came together to put the most heat we could on the employers. This is a worthy principle to be guided by. We don't want to bring harm to this agreement. I don't want to oppose this resolution.
Local 400: I was about to say what you just said. We trust in you in these negotiations. But do bring a case of your salve to push across the table (laughter).
Substitute Resolution No. 1 adopted on voice vote.
Ray talked about medical emergency. So thankful that we had the nurse available and that it wasn't worse. Not as bad as it looked.
Eddie Bayens: thanked for the privilege of serving as chair of law committee for past 15 years. Thanked Jeff Freund and Ken Shirk, and especially members of Law Committee. Discussions are always respectful.
Brad Eggen Finance chair: presented substitute resolution No. 9 (Standardized Electronic Media Administration) (replaces requirement that Locals be compensated for administering EM payments with requirement for President and S/T to commence a study on the subject in consultation with RMA and major recording locals). Discussed committee discussion.
802: Acknowledge the chair and committee for their thoughtful consideration of this issue. Some background, as it doesn't affect all locals. In our recording department, the profit/loss numbers are problematic. We need to update our process. This substitute will go a long way to do that. While we get there, though, our local will still face the financial pressures of doing this work. We are in favor of substitute, but ask that IEB take into consideration that we come up with some mechanism that our local and others don't have to bear the financial loss.
Ray: you or any other local officer who wants to consult with the IEB can request to appear and express yourself on any item of concern.
Sazer RMA: want to commend the proponents and the chair for conducting a terrific hearing on this. I'd like to offer a friendly amendment. It appears that the sole purpose of the study is to decrease expenses. After, "Federation" in Line 5, add "and maximize the effectiveness of the delivery of services to affected members."
Discussion of amendment. None. amendment adopted by voice vote.
149: support substitute resolution. Also need to think about organizing EM activity and to involved the Locals concerned.
Substitute Resolution No. 9 as amended passed by voice vote.
Ray updated delegates on medical emergency; delegate doing well at hospital.
Brad Eggen: Substitute Resolution No. 4 (To advocate for Canadian musicians traveling to the US) (requires AFM to prioritize for passage of ARTS Act of 2018 or BEATS act of 2016; to require a budget for advocacy in included in Canadian budget for lobbying Canadian government to equalize crossing costs, and that an ad hoc Border Crossing Committee of the IEB be established). Finance Committee recommends adoption of Substitute Resolution No. 4.
Discussion (run by Bruce Fife).
Schutzmann Ottawa: seems to me that 2 is highly unlikely to happen.
145: agree with Francine that Canadian government would absorb the cost, but could still help in this area.
547 Calgary: agree with both Dave and Francine, but we can only ask and see where it goes. My question is 3; are officers in question Canadian? (Eggen: not specified.) Offered amendment to make sure that local officers are Canadian. (jokes about commas); seconded.
discussion on amendment. none. adopted by voice vote.
180: question is what a reasonable budget for advocacy means. Eggen: we discussed whether there should be a figure and what it would be; determined with agreement of proponents was that it's sufficiently unknown that it couldn't be determined at this time.
Fortin 406: had a very good discussion last night about the substitute resolution. We have to do something about this situation. And we've never had a lobbyist in Ottawa. We might not get what we ask for, but not a reason not to lobby.
820 Newfoundland. On behalf of most of the working musicians of Atlantic Canada, this is one of the big things holding us back.
1000: we have members on both sides of the border. we have around 175-200 Canadian members; this is the most important issue to them. We appreciate the work that went into crafting this motion.
802: in support of this. we are an international musician and our power is in numbers.
Adopted by voice vote.
Eggen: Resolution No. 13 (Work Dues sharing for AFM touring work) Finance Committee believes that some has been disposed of already and committee reports the rest unfavorably (Resolution would distributed half of touring work dues to the Locals in which the work is done).
369: amendment to resolution: "or work dues equal to 2%" inserted in lines 11 and 12, or something like that (more comma jokes).
(checking out for a bit)
Lengthly discussion of resolution. Jay and Bred Eggen spoke against. Ray spoke about the AFM's "structural deficit" (acknowledging that he sounded like an orchestra manager and not liking it), and said we can't afford to reduce any sources of income. AFM needs other sources of income and they're tenuous. He asked the delegates to vote Resolution 13 down.
802: We are sympathetic to this proposal; want to discuss AFM's finances; proud of what the AFM has done in producing net income. AFM has large cash reserves, around $23.5 million now. $19.8 million net assets in 2018. We need to strike a proper balance.
Ray: those numbers are consolidated numbers, not a general fund number. Includes strike fund and other funds.
?: to wrap this up, what we heard at this convention is we had a $2 million profit. We're talking about 14% of that net profit.
Morrison IEB: I remember clearly coming into office in 2010 and having to lay off 24 staff in the first six months. We need more people at the AFM. I'd love to have my local get more money, but we're not there yet.
Cox 99: There's never enough money on the local level. That said, we're about to face one of the great challenges of our union in this time, which is the funding of the pension. The AFM is the only one that can do that work; they need a war chest to do that.
Amended Resolution 13 defeated on voice vote.
369: Request for division of the house; Ray ruled out of order. 369 challenged ruling of the chair. (Consultation on the dais) Ray put the question to the house
Zare 6: if we rule the chair wrong, do we revote the original vote.
Challenge defeated by voice vote.
Ray announced that original vote on Resolution 13 stood.
Bred Eggen: that concludes the business of the Finance Committee.
That was a bit of a clusterfuck. Resolution 12 was clearly going down, but the 369 Vegas folks seemed to think they'd been sandbagged anyway. Ray should probably not have handled the challenge and should have turned the gavel over to Bruce, but the challenge wasn't going anywhere regardless; I suspect most delegates just viewed it as an attempt to get another bite at the apple.
There was a ceremony to recognize those who had continuously attended conventions for 25 years; also those who had been members for 50 consecutive years. (Congratulations Michael Moore!)
Meredith Snow ICSOM introduced an emergency resolution about Baltimore. Approval of body to introduce ER. No debate; adopted by voice vote.
John Leite, chair Small Locals Committee. Local donates $100 to BSO musicians. Has been a member of the AFM for 64 continuous years. Offers ER whereas small locals can get freelance co-funding. Body approved submission of ER.
Koos Calgary: I sympathize but there is no limit on project and we only have $100K; can't support that.
105: having used this program, I can say I support the use of that fund; it'd great to make it easier to access. Maybe need new guidelines.
815: recognize what they're trying to accomplish, but where this impacts how funds will be disbursed, such a resolution should have gone to Finance. I suggest that this be referred to IEB. Move to refer to IEB.
Ray: IEB would love to look at this.
More discussion. Motion to refer adopted by voice vote.
389 Orlando pledges $1,000 to BSO musicians (half to local, half to musicians, personal donations as well)
More donations to BSO musicians and Baltimore local.
577: ER request. to require IEB to negotiated with motel chains for hotel discounts for traveling musicians. Body votes against submission of ER.
30-73: local donates $1,00o to BSO musicians and $500 to Baltimore local and $1,000 to ERF
(I didn't get all the donations: there were more than I recorded).
Ray: Reception tonight in 2935 from 7-10 tonight.
Ray called a 15-minute recess to prepare for elections. Recess began at 5:39 pm PDT. So this is the last post of the day until I get the results.
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