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"All performers on musical instruments of any kind and vocalists, dancers and support crew or other individuals who render musical services of any kind, are classed as professional musicians and are eligible for membership, subject to AFM laws and jurisdiction," according to Article 11, Section 1(a) of the AFM Bylaws.
But membership in the AFM is more than a plain vanilla deal. There are currently four recognized categories of AFM membership that are designed to meet the needs of professional musicians at various stages of their careers. All Locals are required to have a Regular Member category. Youth Membership, Life Membership and Inactive Life Membership are available at each Local's option. Locals are not required to establish Life, Inactive Life or Youth categories.
Regular Membership:
A regular member has all the rights of membership in the AFM and is subject to all Federation and Local rules, regulations and bylaws.
Youth Membership:
Musicians 20 years or younger may join a Local with a Youth Member category and remain in that category until their 21st birthday. Youth members have all the rights and obligations of Regular Members, but are exempt from paying Local or Federation initiation fees. A musician may hold a Youth Membership in only one Local.
Life Membership:
Life Members are entitled to reduced dues. The minimum Federation requirement (according to the AFM Bylaws) for attaining Life Membership is 35 consecutive years in the Federation. The minimum Federation age for attaining Life Membership is 65. However, Locals may set higher standards in terms of age and/or years of consecutive membership in either the Federation or Local. (Locals are not required to adopt this category.) Life Members have all the rights and responsibilities of Regular Members.
Inactive Life Membership:
Life Members may opt to become Inactive Life Members in order to take advantage of further reductions in dues, if their Local has adopted such a category. Members opting for Inactive Life status have all the rights and privileges of active members except that they waive their right to vote or hold office. They may also be limited in the amount of professional musical activity in which they may participate, depending on the standards set by their individual Local. (Locals are not required to adopt this category)
Players' Conferences:
Article 27, Section 4 of the AFM Bylaws gives the International Executive Board (IEB) the authority to grant official status in the AFM to conferences composed of representatives of member-musicians in specialized fields. Once granted official status, these Players' Conferences are permitted to submit Resolutions to the AFM Convention and to send three nonvoting Delegates to the Convention elected by their Conference. These Delegates have the right to voice on the Convention floor, but do not have the right to vote.
Players' Conferences Council (PCC):
Article 27, Section 5 of the AFM Bylaws provides for the formation of a council composed of one elected representative from each of the Players' Conferences. The purpose of this council is to exchange information and ideas on appropriate subjects regarding the good and welfare of the AFM, its Locals and members. Article 27, Section 5(a) provides for a meeting in non-Convention years of the LCC and PCC, which may meet jointly or separately with the IEB.
Locals' Conferences:
Article 27, Section 4 of the AFM Bylaws gives the IEB the authority to grant official status in the AFM to conferences composed of representatives from the Locals in one or more states or provinces. Once granted official status, these Locals' Conferences are permitted to submit Resolutions to the AFM Convention.
Locals' Conferences Council (LCC):
Article 27, Section 5 of the AFM Bylaws provides for the formation of a council composed of one elected representative from each of the Locals' Conferences. The purpose of this council is to exchange information and ideas on appropriate subjects regarding the good and welfare of the AFM, its Locals and members. Article 27. Section 5(a) provides for a meeting in non-Convention years of the LCC and PCC, which may meet jointly or separately with the IEB.
ICSOM:
The International Conference of Symphony and Opera Musicians; a recognized AFM Players' Conference.
OCSM/OMOSC:
The Organization of Canadian Symphony Musicians/L'Organization des Musiciens d'Orchestres Symphoniques du Canada; a recognized AFM Players' Conference.
RMA:
The Recording Musicians Association; a recognized AFM Players' Conference.
ROPA:
The Regional Orchestra Players Association; a recognized AFM Players' Conference.
TMA:
The Theater Musicians Association; a recognized AFM Players' Conference.
Traveling Engagement:
The AFM defines a traveling engagement as an engagement in which any member performs outside the jurisdiction of his/her home Local," according to Article 15, Section 1 of the AFM Bylaws.
Breach of Contract:
When a contract obligation is not performed, the party who failed to perform as agreed has broken or breached the contract. The other party is given certain legal remedies to address the breach.
B Report Form, AKA B Form, B Reporting Form, or Form B:
The form that identifies the musicians and documents the hours that each musician worked on a specific recording session. Each type of recording session (phono, film, jingles, TV, etc.) has its own form. Example: The B-4 Report Form covers work done on phonograph records.
The B Report Form must be filed by the leader, contractor or producer at the Local where the work takes place, so that the AFM can insure that musicians receive their payments for the work in a timely fashion.
Signatory:
A record label, production company, producer; or other employer or company that signs an AFM collective bargaining agreement covering a particular area of the music industry. Signatories agree to provide the musicians they employ with the wages, benefits and working conditions in the AFM agreement
Non-Signatory:
A record label, production company, producer; or other employer that isn't "signed" to an AFM agreement covering a particular area of the music industry. Without a signatory, the company hiring you is under no legal obligation to pay you union rates or provide union benefits.
Joining
a New Local
(IM Jan/98)
Article 11, Section 11 of the AFM Bylaws allows a Local to confer membership on musicians who belong to or reside in another Local. This way, musicians who want to join another Local can continue to hold membership in their "home" Local jurisdiction.
If you want to join an additional Local, the procedure is simple. You just apply for membership in the new Local(s), following the required procedures for obtaining membership there-with one important exception. Regular or Life members in good standing in an AFM Local are exempt from paying additional Federation Initiation Fees to the new Local(s). This bylaw provision is designed to lessen the cost of multiple membership.
FMA Note: Search for a Local here.
Leaving a Local
If you're joining a new Local and don't want to retain membership in your previous Local (formerly known as transferring membership), it's extremely important that you follow a simple, two step procedure. Otherwise, you risk losing membership benefits and incurring additional fees.
The procedure is easy. First, you must join the new Local. Then, when that's been completed you should immediately seek to resign in good standing from your first Local. By doing so, there will be no break in membership and you can realize the cost savings in joining the new Local (the waiver of initiation Fees for Regular or Life members in good standing) discussed above.
Too often members sever all communication with the original Local without going through the formality of resigning. Without this closure, the original Local, unaware of the circumstances, maintains you on its active roster until you must be terminated from membership ("suspension" followed by "expulsion" as stipulated in Local and Federation bylaws).
Once you lapse into either "suspended" or "expelled" status it becomes more difficult for you to resign in good standing. It may lead to added costs to clear your account. And it will cut you off from certain benefits such as receiving the International Musician. If you are suspended or expelled in any Local, you will not receive your IM, even if you're in good standing in another Local. More importantly, it jeopardizes your membership in the new Local since a member suspended or expelled in any Local cannot be carried as a member in good standing in another Local.
Where You Must Join
One final point must be stressed. Article 11, Section 2(a) of the AFM Bylaws specifically requires that members must maintain membership in the Local of residency if members "reside in that jurisdiction and are engaged in performing musical services in that jurisdiction."
FMA Note: Search for a Local here.
Membership
Makes the Difference
(IM Dec/97)
A multi-faceted, multi-employer; multimedia, multi-million dollar industry like the music business is no place for one musician to be standing alone.
Alone, you have to bear all the costs of promotion and contract
enforcement.
Alone, you have no access to experienced musicians who can support
you and guide you.
Alone, you have to be responsible for negotiating with hard-nosed
business people or high-powered attorneys.
Alone, you have to figure out how to get a work permit to perform
across the US/Canadian border.
Alone, you have no one to call when you get stiffed by a club
owner.
Alone, you have limited resources.
Alone, you have fewer chances to thrive in your profession.
Alone, you're vulnerable.
As a member you're part of a member-driven organization that represents musicians working in virtually every type of musical employment, from weddings to recording dates, circuses to symphonic concerts, whether they're at the local, national or international level.
As a member; you have access to proven support services, including organizing, collective bargaining, job referrals, contract enforcement, franchised booking agents, pension funds, protection for your recordings and much more.
This issue of the International Musician offers you a review of some of the most fundamental benefits of membership. There's an "Owner’s Guide" for club and casual musicians, a review of the value of collective bargaining agreements for theater musicians, an essay on how collective action has led to collective success for symphonic musicians, tips on making the most of Local referral services, advice on being a more successful side musician—and more.
So when it comes to getting the most from your profession—membership makes the difference!
A
Union Owner’s Guide for Club and Casual Musicians
(IM DEC/97)
Live employment—particularly club work, casuals and other single or short-term engagements—still offers professional musicians more job opportunities than any other area of the music business. There are still more places for musicians to perform club and casual work than there are symphony halls, recording studios or theaters.
More significantly, almost every professional musician will do some form of casual or club work during his or her career. For many, it's the only type of work you do and a good portion of you will have profitable careers working clubs and casuals.
But the truth is, club and casual work doesn't really conform to most people's idea of "employment." Working for a different employer from day-to-day, gig-to-gig, sometimes acting as the leader, sometimes serving as a sidemusician, sometimes being part of a self-contained co-op band defies the conventions of virtually every other form of work.
Unfortunately, there are too many musicians who think that doing club, casual, and other types of live freelance work defies the conventions of union representation.
Smart musicians know better!
For its entire 100+ year history, the AFM has adapted the union-and traditional union practices—to meet the unique needs of musicians who make all or part of their living working in clubs and on casual engagements. Between the Federation and its Locals, the union provides many different forms of service and representation to casual and club musicians.
You can find out about many of them in this issue of the International Musician, but to get you started, here's a run down of some of the more important types of representation and services that come with your paid membership.
Scale Wage
All Locals maintain scales for various kinds of live, freelance work that's not covered by a collective bargaining agreement. Establishing scales for various types of work (also known as "standard-setting") is as old as the labor movement and is recognized as an effective way for musicians to exercise their collective influence over the market.
Scales are essentially the “minimum wages" for certain types of work for both leaders and sidemusicians. Musicians themselves establish scales, based on what the market will bear, by participating in Local meetings that deal will amending scales. As in other professions that have standards for fees, scales serve as base wages that musicians can negotiate up from depending on their skill and marketability.
FMA Note: Also see the Article "Why Should I Care About Scales?"
Contracts
AFM contracts are the bedrock of your professional life. They are the tool that provides most major Federation and Local services. That's why, when it comes to your contracts you should always:
Make sure you file the contract in the Local where the engagement takes place.
Make sure the contract contains language outlining how disputes between you and the purchaser will be settled. Standard AFM contracts, L-1s, L-2s, T-1s, T-2s, for use in the US and CA1’s for use in Canada, take care of this for you; AFM contracts either have arbitration provisions or allow the union to proceed directly to collection agencies or court to settle claims.
Make sure the contract contains language protecting you from any unauthorized recording of your live performance. Again, standard AFM contracts take care of this for you by including what's commonly referred to as the "Alligator Clause," which says:
"No performance or rehearsal shall be recorded, reproduced or transmitted from the place of employment, by any means whatsoever, in the absence of a specific written agreement with or approved in writing by the American Federation of Musicians relating to and permitting such recording, reproduction or transmission. This prohibition shall not be subject to any procedure of arbitration and the American Federation of Musicians may enforce this prohibition in any court of competent jurisdiction."
Make sure you get a 50 percent non-refundable deposit before the engagement takes place.
Make sure you and the purchaser both sign the contract.
Make sure that you use US contract forms when performing in the US and Canadian contract forms when performing in Canada.
Contract Enforcement
When you have a claim against a purchaser in your home Local and the contract you filed has language for settling the dispute, your Local either arbitrates the dispute or goes to court or a collection agency for you.
When you’re out on the road, working a traveling engagement and you get stiffed, it’s the Federation that represents you.
As a traveling musician with a claim against a purchaser, the Federation will pursue the claim on your behalf and in certain circumstances provide cash advances to each member/musician on the gig equal to the actual scale amount on the contract up to a maximum of $100.
To take advantage of this Traveling Claims Program you have to:
Be an AFM member.
Have a signed contract on file with the Local where the engagement takes place or with the Federation.
Agree to authorize the AFM to retain a collection agency or sue on your behalf (depending on the circumstances)
Agree to return the cash advance in the event of a recovery of the claim.
Agree to have administrative costs deducted from any recovery of the claim.
The AFM takes it from there.
Local Referral Programs
Every AFM Local is required to actively participate in a referral service or Local-sponsored booking agency as a means of expanding members’ work opportunities. Several Locals also participate in regional referral programs to extend the AFM's reach even further into the marketplace. These referral services and booking agencies can be a valuable source of job leads for members—provided that you actively participate in your Local's program. To make the most of this valuable member service see the article "Referrals: How the AFM Can Get You More Work” on page 14.
Conflicts of Interest
Since one of the AFM's goals is to assist all members in pursuing employment opportunities, the AFM Bylaws outline a policy that is designed to prevent conflicts of interest surrounding Local referral and booking activities. According to Article 26, Section 17 of the AFM Bylaws:
"Section 17(a). Elected Officers, elected business agents, appointed employees or committee members of a Local who book, contract, or engage AFM members to perform musical services shall not:
“(1.) Use their position, or any information received in their official capacity, including referrals, contracts or engagement reports received by or filed with the Union, to solicit or obtain business for the performance of musical service from anyone from which they would personally benefit; or
"(2.) Participate in the establishment of wage or price scales, or minimums, established by the Local for Local members engaged in the same music industry field as they; or
"(3.) Participate in the negotiation, ratification, or administration of cbas [collective bargaining agreements] with employers of Local members engaged in the same music industry field as they; or
"(4.) Participate in the hearing of, or deliberation upon, any claims filed against any member, or purchaser of the services of any member, engaged in the same music industry field as they; or
"(5.) Participate in the hearing of, or deliberation upon, any charge against any member that arises from an engagement in which they were involved in any way.
"SECTION 17(b). All elected Officers, elected business agents, appointed employees and committee members shall comply with all Federation and Local Bylaws, rules and regulations pertaining to the duties and responsibilities of people who book, contract, or engage AFM members to perform musical services.
"SECTION 17(c). A charge of alleged violation of any provision of this rule and regulation shall be filed with the International Secretary-Treasurer and shall be tried by the IEB [International Executive Board], an IEB subcommittee appointed by the International President, or a referee appointed by the International President.
"SECTION 17(d). A member found guilty of a violation of any provision of this rule and regulation may be punished by a fine of not less than $10 nor more than $1,000; by expulsion; or by removal from office or position and/or disqualification from serving as an Officer or in a position with a Local in the future; all in the IEB’s sole discretion.
“SECTION 17(e). It is not the intent of this policy to deprive elected Officers, elected business agents, appointed employees or committee members who are predominantly engaged in the music industry as sidemusicians, and who only sporadically or minimally engage, book or contract for Local members, of the opportunity to perform the functions outlined in the policy or to deprive the Local of their services in performing the functions outlined in this policy
"In interpreting this policy, the IEB will be guided by the declaration in the foregoing paragraph."
Working with Booking Agents
Since they are an important component of the music industry, acting as brokers between purchasers and musicians, the AFM franchises booking agents under US and Canadian agreements. These agreements set forth the following limits on commissions:
15 percent on all engagements whose duration is two or more consecutive days per week.
20 percent on single miscellaneous engagements.
5 percent additional commission for each engagement performed when there is a "Personal Management Agreement" between the agent and the members that has been filed with and approved by the AFM President's Office.
AFM-franchised booking agents must also be in compliance with all state and local laws. To insure fair dealing, the US and Canadian AFM Booking Agent Agreements contain provisions for resolving disputes.
FMA Note: Search for AFM Booking Agents here.
Claims Against Members
AFM and Local Bylaws set the rules for professional, ethical, business dealings between AFM members. If you have a claim against a Local member, the claim must be processed through your Local. To process a claim you must:
Write a claim letter or fill out a claim form.
A hearing will be held by the Local's Executive or Trial Board. You and the other member(s) will be asked to appear and testify.
The Local Board will make a judgment that must be honored by the members involved, unless either party appeals the decision.
Appeals are heard either by the International Executive Board or the Vice President from Canada (depending on whether or not you are a member of a Canadian Local)
The Federation’s decision is final and binding and will be enforced through your Local.
Visas
As an international union representing professional musicians in both the US and Canada, the AFM works with the governments of both countries to cut through much of the red-tape usually associated with obtaining work visas in both the US and Canada. The AFM's Canadian Office handles this important service for members on both sides of the border. For more information, see the Article "Crossing the US/Canadian Border" on page 7.
FMA Note: Also see the Article "Five Things Every Musician Should Know about Working Across the Border"
Work Dues Escrow Accounts
If you play a lot of traveling engagements, the AFM has an escrow account program that simplifies paying work dues by placing the record-keeping connected with paying work dues into the AFM's hands. All AFM members may open an escrow account simply by submitting a signed certificate authorizing payment on behalf of a group's leader and/or sidemusician(s) and making an initial deposit of $200. As charges or billings for engagements are received, work dues are deducted from the musicians' escrow account. The AFM provides members with a periodic statement of how the money has been applied. There is no fee for this service. For more information on the program call the AFM Treasurer's Office at 212-869-1330 ext. 263.
The Bandstand Record Agreement
Since club and casual work is often a springboard for recording, particularly for self-contained local and regional touring groups, the AFM has developed a number of ways to protect those home-grown CDs.
The Bandstand Agreement is the simplest AFM agreement available. Originally developed for ethnic bands who sold their albums directly from the bandstand, this agreement is now used by any small band or group (ranging from duos to eight piece orchestras) that jointly shares in the royalties from the sale or use of the recording. The Bandstand Agreement contains the name of the group, dates and locations of the recordings, as well as song titles and length of each song. Under the terms of this agreement sales are restricted to bandstand and other local sales outlets.
This agreement also protects the master tape in the event that a record company becomes interested in releasing it. If the company picks up the master for distribution the company is required to sign an agreement , file the applicable report form with the Local and pay the appropriate scales that cover the level of distribution the company plans to do. It also protects each individual musician’s interests in the tape should the group break up.
FMA Note: Check out a related article here.
How
to Get Back from the Brink of Breach...
Lew Mancini
(IM DEC/97)
From purely a business standpoint, providing musical services is no different than any other service-related transaction that takes place in our society. One side has a need, the other side has the product or service available to satisfy that need.
When it comes to musical services, someone—restaurant owner, club manager, event planner—wants to purchase entertainment. You, the musician, have such services to sell. Once you find each other, you decide on terms and conditions for providing those services. Then you reduce the deal to writing by signing a contract. Simple. Both parties now have a responsibility to fulfill their end of the bargain, no more, no less.
In a perfect world, every deal would follow this pattern—without argument or dispute. Your union wouldn't require the services of lawyers or collection agents to enforce contracts. There would be no claims process.
However, in the real world, we know it doesn't always work that way. You can do everything right, from making a contract to rendering the services as required, only to be told you won't be paid your contracted fee because "business was bad." Or you might be informed that your contract is canceled because "ticket sales are down."
Every deal has the potential to be broken. Contracts are breached—in whole or in part—very day. While it may ultimately be necessary for you to take formal action through your Local or the Federation to protect your rights, savvy business tactics can be helpful when faced with a potential contract default.
This article shares with you some of the basic techniques your union uses to resolve breach of contract claims. AFM members can also use them to head off a breach before it happens.
1. Stand firm. Make it clear to the purchaser that you have lived up to your end of the deal and expect nothing less in return.
2. Rebut the "bad business" excuse as the reason for being shorted (or cancelled) by reminding the purchaser that you are not part of a profit-sharing arrangement. If you were, you'd expect to get paid more than the contracted price whenever "business is good." Instead, you are a service provider, just like the beer company or caterer.
3. Know some contract basics in order to educate the purchaser. For example, a term contract, having a specific beginning and ending date, is noncancelable unless by mutual consent. An open-ended contract is subject to cancellation with two weeks notice, provided at the inception of the engagement.
4. Inform the purchaser that you have contract protection rights through the AFM, which may include arbitration or attorney/collection agency services.
5. Make the union the bad cop in this scenario, by simply saying, "I wish you wouldn't do this. Now I'm going to have to report this to the union. They're real pitbulls when it comes to this kind of thing and word will spread fast to those other musicians you expect to work here."
6. Be proactive and persuasive. Raise the purchaser's awareness of the hassle (and increased costs!) that he or she will face should the union be forced to take legal action on your behalf. Offer a reminder of how tenacious collection agencies can be in chasing unpaid debt. Mention the potential impact on credit rating and its spin-off effect on business relationships with other vendors and suppliers.
7. If all else fails, go immediately to your Local or the Federation (depending on the particular circumstances) to pursue your claim. Sometimes hearing from the union quickly makes a defaulting purchaser reconsider.
And What to Do if You Can't
Breaches happen. Sometimes no matter how persuasive you've been, a purchaser may refuse to pay you what you've earned without a fight. Even if it's a casual or club gig the AFM stands behind members' contracts. To make the most of this representation it helps to keep the basics in mind.
1. Make sure you have a signed contract and that it's filed with the Local where the job takes place prior to the engagement. If we don't have the contract on file, we can't act on it. (If it's a traveling engagement, the Federation will obtain a copy of the contract from the Local where you filed it.)
2. If it's a contract for a job in your own Local jurisdiction, know in advance how your Local deals with disputes. Some Locals prefer to arbitrate claims against purchasers directly (as outlined in an AFM L-1 contract) or send the dispute to an outside arbitrator for resolution (also an option in an L-1). Many other Locals will proceed directly to court on your behalf (as outlined in an AFM L-2 contract).
In addition, some Locals maintain contract guarantee or contract defense funds to provide you with some financial relief up front. Again, knowing how your Local will defend a breached contract is also important when you're attempting to talk a purchaser out of stiffing you.
3. If it's a contract for a traveling engagement, the AFM National Office (not your Local) will take over responsibility for defending your contract. If the breach of contract takes place on the road (in the US), you contact the AFM Secretary-Treasurer's Office at 212-869-1330 ext. 253 to report the incident and to be advised on how to proceed in filing the claim. If the breach takes place in Canada, you contact the office of the AFM Vice President from Canada at 416-391-161.
Recently the International Executive Board adopted a new policy for handling traveling claims in the US that provides up front cash advances, then uses collection agencies (when appropriate) to get members the money they are owed faster than through the legal system. In Canada, the existing traveling claims procedure remains in effect until further notice.
Assistant Secretary Lew Mancini oversees all traveling claims filed by AFM members.
Why
Should I Care About Scales?
(IM Mar/98)
Establishing scales—or minimum wage—is a long-standing method by which musicians exercise collective economic influence in the marketplace. In union terms, the practice is known as "standard setting," and has been proven for decades as an effective way for workers—including musicians—to keep wages up.
Unfortunately, many musicians resist or ignore the value of setting, maintaining and honoring scales. The naysayers generally fall into one of two camps: those who say that scales are too high and therefore hurt them, and those who say scales are too low, they never work that cheaply and therefore they don't have to pay any attention to what the Local's scales are.
In both cases, these pooh-poohers misunderstand the role of scales in promoting a healthy economic environment for musicians and as a result potentially undermine the marketplace for everyone.
Those who say the scale porridge is "too high" help drag the marketplace down for themselves and everyone else by undercutting their fellow musicians and instigating a buyer's market where the purchaser or employer benefits from a musician-created dog-eat-dog environment in which musicians are willing to sell themselves at below market value.
Those who say that the porridge is "too low" miss the point that scales are designed as minimums so that more skilled or marketable musicians will have a foundation from which they can negotiate up. Without a commonly recognized baseline, it's easier for purchasers or employers to take advantage of musicians by fostering cutthroat competition—which makes it harder for more skilled musicians to hold out for the price their talents truly merit.
The real problem with scales arises when musicians who are out playing the gigs don't bother to be involved in the practice of setting scales.
Scales are an accurate reflection of what the market will bear—but only if working musicians actively participate in setting and maintaining scales.
In every Local, setting scales is a democratic process that is open to rank-and-file members. If members take the time to participate, then they will have one more tool to help them profit from their skills as professional musicians—a tool that generates the kind of meaningful economic solidarity enjoyed by other groups of professionals, such as doctors, lawyers and even plumbers.
"Why
do I have to pay work dues?" is one of the most frequently
asked questions of union members,
(IM DEC/97)
As any professional musician knows, the music business is extremely volatile. Today's part-time musician may get full-time work tomorrow, and vice versa.
Acknowledging this reality, the members of the American Federation of Musicians (either by direct vote or through their elected Federation Convention Delegates) have chosen to develop a two tiered dues structure that shares the responsibility for funding their union as equitably as possible among full-time and part-time musicians.
The first level of dues includes initiation fees for new members and regular periodic dues, which are paid by all members. Regular periodic dues (which include the Federation's per capita share) are based on what type of membership you hold —regular membership, life membership or (in some cases) inactive life membership. Periodic dues are set at relatively low levels so that union membership can be affordable for both full-time and part-time members.
At the Federation level, per capita dues find the base level of services and operating expenses that are common to all musicians, whether they work full-time or part-time.
However, the cost of operating a union that must provide specialized services and representation for musicians in such workplaces as symphony orchestras, recording studios or theater pits cannot be covered by periodic dues alone, unless those dues were significantly higher than they are now.
That's why work dues were developed—to fund these more specialized services. At the Federation level, work dues fund (in large part) the Symphonic Services Division, Electronic Media Services Division, and Travel/Touring/Booking Division.
Work dues are only paid when musicians are actually employed and are receiving a higher level of union representation. Federation work dues are only paid when musicians are employed in an area of the music business that falls under a Federation collective bargaining agreement or in a symphony orchestra that meets certain guidelines regarding size, length of season, etc. (as outlined in the AFM Bylaws). Casual and club musicians are not required to pay any work dues to the Federation, but may be required to pay work dues to their Local.
All work dues—Federation and Local—are based on scale. This means that even if musicians are employed at over scale wages, their responsibility to their union is based on minimum uniform earnings, as outlined by the union's collective bargaining agreements or price lists.
In essence, work dues payments are required from those musicians who have a greater ability to pay to provide for the greater level of representation and service that is demanded by their employment, while regular periodic dues allow musicians to retain their union membership during periods when they are working less or not at all.
Referrals:
How the AFM Can Help You Get More Work
(IM DEC/97)
For casual and club musicians the pursuit of employment is an endless cycle. Hustling up work on your own can make your head spin and unless you're dealing with an AFM-franchised booking agent there's always the possibility you'll get hung out to dry.
So where can musicians turn to get some real help in hooking up with purchasers? The answer is as close as your Local. That's right, your AFM Local.
The Partnership
Every AFM Local is required to actively participate in a referral service or Local-sponsored booking agency. These referral services or Local-sponsored booking agencies exist exclusively to assist members in their pursuit of casual and club employment.
If you're not already benefiting from your Local's referral service there's no better time than the present to get yourself and your band involved. Of course, you'll get the most out of this important members-only benefit if you build a partnership between your band and the Local that begins with job referrals and runs through contract enforcement, if necessary.
That partnership begins when you give your Local an accurate description of your band's style, the types of gigs you're looking for, and your price ranges for various types of work with this information, the Local will know which potential purchasers to refer to you. But that's only the first step.
The Promo
While your Local needs an accurate description of your style and the type of work you do, that information only scratches the surface of consumer interest. According to Wilmington, DE Local 21 Secretary-Treasurer Kim Reighley, "Musicians need to keep their promo packs on file at the union office-and keep them current."
By overseeing a regional referral program that covers Locals in Delaware and Pennsylvania, Reighley has developed insight into what purchasers want when they call a referral service to find a band or musician. "It's tremendously helpful to have demo tapes and promo packs at the Local," she says.
"Consumers want one-stop shopping. That's why it's also important that musicians have the most professional looking PR materials that include picture, song list and information about the band's experience and past history."
While many Locals promote their referral services through the yellow pages, attendance at bridal fairs, direct marketing to event planners and newspaper ads, others are taking promotion beyond these traditional realms. Paul Sharpe, President of Local 279, London, Ontario, reminds members that "The AFM is in the process of joining that vast new world known as cyberspace and many Locals are already involved. If your Local is involved in any electronic publishing or is promoting your talent on their World Wide Web site, ask them what format they prefer for receiving information."
The Business
Of course, even if your promo pack is on file, your Local can't refer you if it can't find you. Be accessible. Keep the lines of communication open by always updating your phone number and address with the Local, because communication is your referral lifeline.
Staying in touch with potential purchasers is also vital. Referrals from the Local are meaningless if you don't pursue them promptly "One thing that's very important for bands is that if they get a message on their machine, they need to make sure to return it in a 24 hour period," says Reighley. When making that call back also be polite and professional-purchasers want to work with people they like and can depend on.
If you end up getting the job, Reighley urges you to always use a union-approved (L-l, L-2 or T-2) contract to formalize the deal. "While we can't guarantee that every job will go right, many Locals maintain contract guarantee funds that will pay union scale wages if something happens." she says. The union also pursues contract defaults through collection agencies, the courts or arbitration.
The Unity
If you end up passing on a referral because you already have a job lined up that night, "Remember to help your fellow AFM members and your Local in its referral efforts," says Sharpe. "Should you be offered employment or become aware of a potential gig that you are unable to do, pass on the lead to your Local's referral department."
Reighley echoes that sentiment saying, "If a person calls and your group isn't available, you might refer other colleagues or call the Local back so that we complete the circle. The more we can keep customers satisfied, the more consumers will want to work with us and the more they will refer others to our Local referral services."
Networking
the AFM Way
(IM July/98)
One of the surest ways to make your phone ring is by making contacts with other working musicians, exchanging information about your professional interests, abilities and availability; and generally getting your name known around town. In the corporate world they call it "networking.” In the entertainment world they call it "schmoozing."
But whatever you call it, your AFM membership card provides you with two of the most valuable networking resources in the music industry—your Local membership directory and your Local's referral services. In his book, How to Be a Working Musician, A Practical Guide to Earning Money in the Music Business, composer, producer, studio musician and New York City Local 802 member Mike Levine says, "The union can also be helpful in helping you find work. Most Locals have a referral list you can get yourself on that can lead to getting called for gigs. In addition, the union is a good source for the names and numbers of other working musicians with whom you can network."
Circulating
Once you're in your Local's membership directory and on the referral list, don't just sit back and wait for the work to come to you. Take the next networking step by getting out and meeting other musicians in your area. One good place to start is at your Local union meetings. They're free, open to all members and are held at times that are convenient for working musicians.
Bring a few business cards. Show up early. Say hello to your Local Officers and ask them to introduce you to other members you don't know. Meetings where Local scales or Local contracts are the main topic of discussion can be particularly lively and will draw musicians who work in the part of the business that you're active in.
Presenting Yourself
Your mother was right. First impressions count. If you want to work then you need to project a professional image. Whenever you meet someone in the business whether it's a sidemusician, leader; contractor; Local Officer; or potential employer, be polite. As Sari Eckler Cooper, C.S.W. said in a recent article in Local 802's Allegro, 'It's important to be brief, cordial and, at times, creative in your communication. This will help ensure that you are well received now and stand out in that person's memory later on. The goal is to let someone get to know you, so that they will want to help you out. You want to show them the positive side of your personality."
In the same article, Eckler Cooper suggests that "In today's high-tech world, anything goes: letters, resumes, e-mail, faxes, web sites, in-person appearances. Use research and creativity to find out as much as possible about the person you are trying to reach, from others if at all possible.
"Then present yourself in a way that makes an impression, while being respectful of that person's time. When you're approaching someone you know nothing about, a letter of introduction and a resume, followed by a phone call, shows your interest and professionalism. Some spark that can catch the attention is useful—such as creating an ingenious business card, performance announcement or stationery, or wearing something unusual but appropriate for the occasion."
Networking at Work
Most of the best contacts are made on the job, where your skills are on display. Unfortunately, sometimes musicians become so focused on making it in one particular area of the business that they turn down job offers that they believe will distract them from their ultimate goal. That can be a fundamental mistake.
As Levine says in his book, "By getting out there and working in any way that you can in the music business, you may be sowing the seeds for future success. It's a progressive process that builds on itself, but it can't get started unless you get out there." So the next time you get a call about a wedding, an MPTF job or playing at a union rally, think twice before turning it down. You never know who you might meet.
Some of the most important people you can meet in the music business aren't leaders or contractors—but other musicians who play your instrument. If you're on good terms with your musical counterparts they can be a great source of work, by suggesting you as a sub when they're offered gigs they can't take.
Recommending Yourself
Once you get a gig, the best way to keep making a name for yourself is by being a professional. "In all your musical situations you should not only strive to perform at your highest level, but to meet all your responsibilities and commitments," Levine writes. "In this super-competitive environment, you can give yourself a big edge by being a reliable player who's easy to work with and can be counted on to show up on time, sober and prepared. This is especially true because music attracts many people who have a lot of creative energy but aren't necessarily very dependable. In music, just as in any other field, those who work the hardest and are the most dedicated stand the best chance of succeeding."
Five
Things Every Musician Should Know about Working Across the Border
(IM DEC/97)
Whether you're a Canadian working in the US or an American going into Canada for a gig, crossing the border presents certain opportunities and certain challenges. Fortunately, since the AFM is an international union, your membership provides you with some benefits that will help you meet the challenges of performing on the other side of the border.
(1) The AFM has reciprocal exchange agreements that can help you with your actual dealings with immigration in either country (For more information, see the story below.)
(2) The AFM provides members with standard contract forms that are easy to complete but provide comprehensive legal protection for your live single engagement, club, or touring dates. Canadian members working in the US should use US contract forms. US members performing in Canada should use the Canadian form contract. The reason is simple: US contracts conform to US law; Canadian contracts conform to Canadian law. This maximizes your protection. For more information, or to obtain a copy of the appropriate form, contact your Local.
(3) In case you get stiffed by a purchaser who defaults on your contract, you need to know the toll-free phone number for the AFM's Emergency Traveling Assistance programs. Emergency Traveling Assistance is designed specifically to help musicians who are faced with a contract default while on the road. Traveling members can call 1-800-ROAD-GIG for contract assistance (voice mail/pager only).
(4) As an AFM member you are part of an international family that has Local offices in every US state and Canadian province. These Locals can be a great source of help when you're performing in their jurisdictions. If you need to pick up a musician for the gig, or if you have any other work-related questions or problems while you're on the road, consider calling the AFM Local first. Every AFM Local is listed in the phone book and your membership card is the only calling card you need to plug into the local music scene.
(5) Finally, since you can't risk having anything happen to the tools of your trade while you're away from home base, the AFM's US and Canadian instrument insurance programs protect your gear anywhere in the world, 24 hours a day, seven days a week. In Canada this all-risk insurance is available through the Wellington Insurance Company plan through Clydesdale Insurance Brokerage, Ltd. Canadian members can find out more about it from their Local Officers. In the US, the plan is administered by Albert H. Wohlers & Co. US members may find out more by calling 1-800-323-2I06.
Crossing
the US/Canadian Border
(IM DEC/97)
The AFM Canadian Office processes requests for work permits for all AFM members crossing the US/Canadian border. The office may be reached at 416-391-5161 if you have any questions.
To The USA
The Canadian Office must receive applications for class P-2 permit approval 35 days prior to departure to ensure timely processing through the Immigration and Naturalization Service (INS). The process is as follows:
(1) Canadian members complete an initial application form, available from the Canadian Locals, which specifies:
- Legal Name and Current Address
- Date and Place of Birth
- Citizenship Status (Canadian or Landed Immigrant)
- Date(s) entering and leaving the US (Attach legible copies of contracts and/or tour itineraries.)
- US Entry either by land or by air. (The entry point is extremely important since the approval notices are forwarded to the port of entry.)
- AFM Affiliation/Local Number
(2) The AFM Canadian Office provides INS with all the additional documentation necessary in support of the petition, including a copy of the formal, INS-approved reciprocal exchange agreement between the US and Canadian AFM offices; a statement from the sponsoring organizations describing the exchange; evidence that the appropriate US labor organization (i.e. the AFM) was involved in negotiating the reciprocal exchange program, and the AFM's written advisory opinion.
(3) The US government imposes ma fee of $75 per application plus $10 per musician or support person on the P-2 application. The petitioning musicians must pay this fee in US funds (made payable to the US Immigration and Naturalization Service). A bank draft purchased in a Canadian bank is the most viable payment method. Checks in US funds drawn on a Canadian account tied to a US financial institution or drawn on a US institution are an acceptable alternative. This payment must be included with the other paperwork provided to the Canadian Office. Also include a separate cheque for $15 (Canadian) to cover administrative costs, made payable to AFM Canada.
(4) The INS processing center will forward class P-2 approvals to the port of entry into the United States, where a P-2 work permit will be issued by INS to each Canadian AFM member (and individual technical support personnel) performing under the approved Reciprocal Exchange agreement.
To Canada
US members working in Canada must follow a similar procedure and provide similar information to the Canadian Office to obtain a Temporary Employment Authorization (IMM-1102). The Canadian government requires an administrative fee of $150 for a single musician and $450 for groups of two up to 14 individuals traveling and entering Canada as one unit.
Triple-Card
Member Rebates
(IM Jan/98)
Effective January 1, 1998, members who belonged to three or more Locals throughout 1997 can petition the International Secretary-Treasurer for a "rebate equal to the per capita dues received by the Federation" for that member's membership in each AFM Local in excess of two. (Members pay their Federation per capita dues as a portion of their Local annual dues. The Local forwards the member's per capita dues to the Federation. Only the Federation's portion of the annual dues will be rebated.)
According to Article 8, Section 7(a) (ii) of the AFM Bylaws, the rebate is only available to members who held simultaneous memberships in three or more Locals for the full calendar year. No rebates are available to members who held membership in fewer than three Locals. The rebate will only be given for membership in the third Local (and each additional Local above three, if any). Members will not be given rebates for dual membership.
Under the new rebate program, membership in a base of two Locals must be established in order for a member to qualify for a rebate. The AFM Secretary-Treasurer's Office has determined that a musician's membership in his or her "home Local" and the subsequent Local of longest tenure shall be designated as the two base Locals. The Secretary-Treasurer's Office will then rebate the appropriate per capita dues for membership in the third Local and any other Local(s) beyond three to which a member belonged for the entire 1997 calendar year. The amount rebated will be determined by the amount of per capita dues the member paid for AFM membership in a third Local and any other Locals beyond three.
To petition for a Triple-Card Member Rebate, members should fill out the form below and return it to the AFM Secretary-Treasurer's Office together with copies of all their paid-up 1997 membership cards, receipts of cancelled checks for annual dues from all Locals, or a letter from each Local stating that the petitioner was a member in good standing of the Local for all of 1997.
No rebates will be issued until the AFM Secretary-Treasurer's Office verifies that petitioning members held continuous membership in three or more Locals for the full prior year of 1997.
No rebates will be issued until alter January 1,1998.
Hiring
the Pros
Chris Eboch
(IM Jan/98)
Maybe you like the "business" part of the "music business." Or maybe you don't. Either way it's likely that at some point in your career you'll become too busy making music to take care of all the other details yourself. Then it's time to hire professional advisors. But if you're trusting your livelihood to other people, they'd better be capable and honest. "Business" is part of your career, and you owe it to yourself to learn the basics so you can supervise those you hire.
When you're ready for a professional advisor—an accountant, lawyer; booking agent or personal manager—get references from friends, business associates or your AFM Local. Don't just get names; ask why each person is good. Then get an introduction or mention your mutual friend when you contact the professional.
You can also check trade publication stories for names. Performance magazine publishes a yearly talent guide. Check the library for reference books such as Billboard International Talent and Touring Directory, which lists booking agents and personal managers. The Recording Industry Source Book adds attorneys, and Yellow Pages of Rock! also has publicists. You can get a list of booking agents who have signed the AFM Booking Agents Agreement through the AFM's Travel/Touring/Booking Division at 212-869-1330 ext. 230.
Ideally you want to have several options to choose from. Interview each person, asking questions about how they would handle particular issues likely to arise. Ask about licenses and professional associations, their years in business, and their rates. If appropriate, get an estimate of the total fee for the service you want performed. For firms, find out which individuals will actually be working with you and meet them.
You should be able to reach your advisors easily and feel comfortable asking questions. The best people are honest, reliable and familiar with the industry. Personal managers and agents should be enthusiastic about your music and willing to give you the amount of support and counseling you need. You should feel comfortable with each other and have the same goals for your career. A close personal relationship is less important with a lawyer or accountant.
Booking agents should be signatory to the AFM Booking Agents Agreement. Ask how other advisors feel about the union and be sure they're willing to provide union contracts for each job. Lawyers must be able to recognize any contract clauses that violate union regulations and must understand the union's role in representing you when you work under a collective bargaining agreement.
Advisors may represent many people in the business, so avoid conflicts of interest. A booking agent shouldn't represent another act just like yours, which would be up for the same jobs. Your lawyer shouldn't also represent your employer or your close competitors.
Be wary of people who give away private information about their other clients or who brag. If they're making impressive claims, what proof do they have? Just how closely and how recently did they work with the big names they're dropping? How will they get you that great deal? Ask what experience they have had in situations similar to yours—what was the outcome and how much did it cost?
Get references from other clients, then check the references. Contact clients who started with the professional when they were at your level of success, since megastars may be treated differently from newcomers.
Put it in Writing
Some people work on handshakes, but most want contracts for long-term associations. This protects you as well, if the contract is a good one. Take the contract home, read every word carefully, question anything you don't understand, and get the advice of a lawyer if needed.
Managers and agents will probably want agreements of three to five years. They will argue that it takes several years to build a band, and they deserve to cash in when you get there. But you also deserve your freedom if they're not doing their job. One option is to include a minimum earnings requirement—the manager can renew for up to five years if you earn certain minimums each year; otherwise you can get out.
When working with a firm, consider including a "key man" clause, which says that a specific individual must personally act as your advisor, and if that person dies or leaves, you can cancel the contract.
Avoid appointing anyone "attorney-in-fact" or giving a "general power of attorney," which means that the person can do anything on your behalf, including controlling your money. Instead, if circumstances warrant, grant a special power of attorney limited to a narrow specification.
Finally, it's your responsibility to insure that you're getting the service you want. Ignorance is only bliss until you find yourself broke and abandoned. It's dangerous to rely too heavily on anyone else, so check your advisors' work regularly. If they have nothing to hide, they shouldn't be offended if you ask nicely. Your contracts should include a clause allowing you to periodically have the advisors’ records professionally audited.
Talk about problems as they arise, and if you can't solve the problems, get out of the relationship as soon as your contract allows. Send a notification of termination by certified mail, return receipt requested, so you have proof that it was received. The AFM should receive a copy of the termination notice for booking agents.
Expanding
Rank-and-File Rights & Responsibilities
(IM August 1998)
Since the union's founding, the AFM Bylaws have defined the rights and responsibilities of rank-and-file members. Initially limited in scope, the Bylaws have been greatly expanded as the rank-and-file has sought and achieved greater involvement in the union's decision-making process. Much of this evolution can be attributed to the formation of the Players' Conferences (ICSOM, the International Conference of Symphony and Opera Musicians; OCSM, the Organization of Canadian Symphony Musicians; ROPA, the Regional Orchestra Players Association; RMA, the Recording Musicians Association; and TMA, the Theater Musicians Association), which represent musicians working within defined areas of the music business.
The formation of these Players' Conferences was born out of varying degrees of frustration, dissension, pride, and changing employment conditions that gave these musicians greater economic power. Through these Conferences, members challenged the AFM to become a more democratic union that directly engages the rank-and-file in the formulation of union policy. And Local and Federation Officers responded, submitting and supporting Bylaw changes that today guarantee rank-and-file decision-making at both the Federation and Local levels.
In the past ten years, for example, AFM Bylaws and policies have been amended to guarantee Delegates from the Players' Conferences the right to submit Convention Resolutions and to speak on the floor of the Convention. Prior to that, Players' Conferences' representatives were only observers.
Today, it's routine for a rank-and-file musician to serve on the negotiating committee for every Federation collective bargaining agreement. A rank-and-file member currently serves as a Trustee to the AFM-EP (Pension) Fund. And PCC representatives routinely appear before the International Executive Board to discuss the needs of their constituents.
The Bylaws now clearly define contract ratification procedures. And they require that Officers receive strike authorization through a secret ballot vote of the bargaining unit before calling a strike.
Bylaws regarding potential conflicts of interest have been considerably strengthened. Today, the AFM Bylaws place limits on the kinds of services that can be performed by Local Officers, employees and committee members who book, contract or engage AFM members to perform musical services. The Bylaws also limit the participation of contractors, personnel managers or other members who perform supervisory duties for an employer on negotiating committees or grievance and arbitration committees to prevent any potential chilling effect their presence may have on free and full discussion.
These changes and many more have expanded the rights of rank-and-file members. Inherent in their adoption is the expectation that the rank-and-file will accept the responsibilities that come with greater involvement in the policy-making process. To date, the AFM's history confirms that rank-and-file members and Officers alike have acted to foster the evolution of democratic practices in the union.
Musicians
on the Move!
(IM Sept/98)
The introduction to Musicians on the Move, the new booklet from the AFM's Organizing and Education Department, says it all:
"The modern day musician faces numerous obstacles to earning a living in the music business. Far too many musicians—from the famous to the weekend warrior—are not compensated fairly for their work and do not receive important fringe benefits even though the making of music is a multi-billion dollar global industry.
"Most of the music business is unorganized—that is, it's non-union. A majority of musicians working in clubs, theaters, small symphony orchestras, etc. receive substandard wages, little or no benefits, and lack any semblance of job security. It doesn't have to be this way. There are numerous examples of AFM members getting paid industry standard wages and benefits and enjoying the dignity and respect that they deserve because they are working under a union contract....
"AFM organizing efforts over the years have demonstrated that the job can be done.... Working under a union contract is the most important benefit of union membership and a sure-fire way to retain membership and build for the future.
"Organizing is the life blood of a labor organization. Now more than ever our union needs to be actively organizing on a national and local level in the musical workplace."
"The Organizing and Education Department is here to work with Local Officers and rank-and-file members to develop effective organizing strategies to secure more collective bargaining agreements for musicians," says Director Paul Frank. "That's why we've put together a new booklet that outlines organizing fundamentals that have been proven in musicians' campaigns around the country."
One particular campaign, Seattle Local 76-493's powerfully successful 5th Avenue Theater organizing and negotiating effort, is the subject of a new video "A Thousand People in the Street." It's a vivid journey through one 18-member theater orchestra's internal organizing campaign, negotiating preparations, and strike that led to some of the largest and most peaceful labor demonstrations in recent history-and a significantly improved contract for the musicians.
Both the booklet and the video are now available from the AFM's Organizing and Education Department to help Local Officers and rank-and-file musicians prepare for any organizing initiative, whether it's to secure union representation or to prepare for contract negotiations. "We hope these tools will help anyone who's interested in improving conditions for working musicians," Frank says adding that, "One of the key roles of this department is to help Local Officers and members help themselves—because grassroots initiatives are always the most effective"
For more information, you may reach the AFM's Organizing and Education Department by calling (212) 869-1330, ext. 288; faxing (212) 764-6134; e-mailing at orgned@afm.org; or writing 1501 Broadway, Suite 600, New York, NY 10036.
Why
the AFM Is Organizing Tejano Recording Musicians
(IM Sept/98)
Editor's Note: The following are excepts from remarks made at the 1998 AFM Southern Conference of Locals by Presidential Assistant Paul Frank, who is the director of the AFM's Organizing and Education Department.
I have this one friend who is an organizer for the Communications Workers of America and is based in Austin, TX. He grew up in New York City and every time we get together he gives me a hard time about the complacency of the labor movement in the Northeast and insists that the real fight for working people is in the South.
In the past, when we would have these conversations, I would be thinking, “Yeah, right! The South—right-to-work laws, job displacement and factory relocation to Mexico, anti-union politicians, and so on. But I have come to learn that my friend is absolutely right. I have met some of the best union people in the South and I have witnessed some impressive union victories. You know, ordinary folks doing extraordinary things. After all, it's in the South where some of the most important battles for Civil and Human Rights in our country's history have been waged.
Now, the AFM is poised to make some history with our campaign to organize Tejano musicians in South Texas.
STAR stands for "Support Tejano Advancement in Recording." STAR is a broad, community-based effort to secure a living wage and fringe benefits for hundreds of musicians who record Tejano music.
As you know, the major record companies—the Big 6 as we call them—negotiate and sign an industry-wide union contract that guarantees industry standard wages and benefits for musicians when they record for these companies. Two labels recording Tejano music that are affiliated with the Big 6—BMG; US Latin and Polygram Latino—are covered by the agreement.
But there are separate, independent entities affiliated with the Big 6 recording Latin music that don't honor the union contract. These labels, including EMI Latin and Sony Discos are among the most active in Tejano. The result is that although Tejano music is a multi-million dollar industry in which record companies reap substantial profits, the vast majority of musicians who create the music do not receive the industry standard wages and benefits. Musicians recording for labels affiliated with the Big 6 in cities such as Nashville and Los Angeles receive proper compensation for their work, while some of the best musicians in South Texas do not.
FMA Note: Check out a related article here.
Who Are These Tejano Musicians?
In some ways, Tejano musicians are typical of a lot of musicians these days—casual/club, rock and roll players, often on the road. In other ways they are unique. They are young, often poor and for the most part of Mexican heritage. And they do a lot of recording in between being on the road, filling stadiums in towns in Texas and throughout the US Up until a few years ago, the union had not been a relevant force in their lives.
I submit to you that these are the kind of folks we must represent. The demographics are striking. Latinos are a rapidly growing segment of our population-the fastest growing minority group in the country, soon to exceed 30 million people, which will become a majority minority population early in the next century. Latinos have long had an influence on the development of the arts in our country and are increasingly becoming a major force in modern US culture. Latin music has evolved into a major component of the global music industry.
While revenue statistics are notoriously difficult to come by in the music business, we do know that in 1995 Latin record revenues amounted to over $260 million, with Tejano music alone accounting for $70 million. And according to the Recording Industry Association of America (RIAA), Latin music sales are up over the last two years-$392 million in '96 and $213.2 million in the first six months of 1997. We also know that business as usual for a majority of these companies means profiting from the talents of Tejano recording musicians while paying cut-rate, substandard wages. Business is booming for these companies but the Latino community is being exploited.
Sisters and brothers, these musicians need union representation and we need their voices in our union.
Many of us are coming to the conclusion that the AFM's ability to grow into the next century will be in jeopardy without a concerted, strategic organizing effort in the Latin music scene. The support the campaign receives is critical to its success. STAR enjoys support from the International Executive Board, the RMA and in Texas among Officers and members of AFM Locals in San Antonio, Austin, Houston, Corpus Christi and Dallas-Ft. Worth.
FMA Note: Check out a related article here.
Labor & Community Organizing
Many of our sisters and brothers in the labor movement are watching to see if STAR can serve as a model of a labor/community organizing effort. Thus, STAR has generated unprecedented support for our union in San Antonio and the surrounding area. STAR enjoys the support of major unions in San Antonio, such as the Teamsters and the Communications Workers, along with the San Antonio Central labor Council and the Texas AFL-CIO. On a national level, the National Board of the United Farmworkers Union has endorsed STAR.
Key community organizations in San Antonio, such as the Southwest Voter Education Project, the American Civil Liberties Union and the Mexican American Unity Council support our campaign. The San Antonio Catholic Archdiocese, through its Peace and Justice Commission, has endorsed STAR, as have other prominent people of faith.
Politicians like US Representative Ciro Rodriguez from San Antonio, Texas State Senator Gonzalo Barrientos, and Joe Bernal, former State Senator and current member of the Texas State Board of Education have publicly gone on record in support of STAR.
And of course, we enjoy solid support among the musicians themselves. However, given the nature of our business, many of the Tejano musicians are afraid that if they openly support STAR they will lose their jobs. So influential musicians, like Tejano music legend Little Joe Hernandez, have stepped forward to support the AFM in this effort.
The Development of STAR is primarily a result of the work of International Organizer Michael Muniz. Mike is a musician born and raised in San Antonio who, since 1992, had worked in various positions at Local 23. Much of Mike's focus has been on how Local 23 could represent Latino musicians in San Antonio, a city where 56% of the population is Latino. Since May 1996, when Mike was hired for the Organizing and Education Department's staff, he has been working on organizing Tejano musicians full-time.
What Mike and I decided from the beginning was that to be successful, the campaign had to focus on building community-that is to develop working relationships with our allies in the community by supporting them and their work, so they in turn could support us in ours. We realized that the AFM could not take on the giant corporations that control the music business without genuine, grassroots support from musicians, influential local and national individuals and organizations, and the fans themselves-the music-buying public.
FMA Note: Check out a related article here.
Give Your Support
STAR has attracted broad support because it's based on the principle that supporting Tejano musicians in this campaign means supporting the right of all Latino workers to organize and stand up for their rights. This core principle resonates in the community. And through STAR we are discovering that more and more people understand how music can be a powerful weapon in efforts to achieve justice and equality. They realize, as we do, that the Musicians' Union can play an important role in resolving the problems we face in our communities and cities where we live.
For those of us who already enjoy the benefits of working under a collective bargaining agreement and representation through our membership in the AFM, supporting STAR also means supporting the rights of all musicians to organize and stand up for their rights.
So join STAR—your voice can make a difference! Give us your name as an endorser of STAR and we will add it to a list of musicians from across the country who support the campaign. Let us know if you want to help us contact key individuals and organizations who should back the campaign. You can sign our public petition, or help support the campaign financially by buying a STAR T-shirt.
You can reach the O&E Department at (212) 869-1330 ext. 288; fax (212) 764-6134; e-mail at orgned@afm.org or mail to 1501 Broadway, Suite 600, New York, NY 10036.
Above all, you can make a difference by spreading the word about STAR in the orchestra pit, studio and on the bandstand, as well as among your family and friends and in your community.
FMA Note: Check out a related article here.
Lobbying
Government
(IM Jan/98)
"Advocating the interests of members and Locals to the public and governments" is one of the objects of the AFM, according to Article 2, Section 1 of the Bylaws. It is as integral to the mission of the union as “elevating and bettering the economic status, social position and general welfare," of members, or “negotiating collective bargaining agreements (cbas) with employers."
The livelihoods of professional musicians are not just effected by the terms and conditions of employment that the union negotiates at the bargaining such as performers’ rights, copyright reform, or funding for the arts have as strong an impact on the livelihoods of professional musicians as the terms of any collective bargaining agreements.
By fulfilling the role of advocate for professional musicians to governments and the public at large. The AFM can successfully address these issues. It is the piece of the puzzle that recognizes that musicians will not be valued by their employers unless they are valued by society and protected by the law.
The only way the AFM can insure that musicians are valued is by bringing their interests into the halls of government and the hearts of audiences. The best way AFM members can insure that the union Is an effective advocate for musicians is by participating in grassroots lobbying whenever their union asks and by participating in homegrown public relations whenever they perform by identifying themselves as members of the AFM.
TMA
Granted Conference Status
(IM Jan/98)
The International Executive Board (IEB) has granted the four-year-old Theater Musicians Association (TMA) Player Conference status, in accordance with the provisions of Article 27, Section 4 of the AFM Bylaws.
"I'm pleased that the TMA will become a resource for the Federation and its Locals, to assist in bettering conditions for theater musicians in the US and Canada,” said International President Steve Young.
The TMA was founded in 1993 by a group of San Francisco theater players seeking to unite their colleagues in order to advance the interests of theater musicians everywhere by serving as an information network between theater players and the union.
TMA members routinely share contract information, to assist in negotiations; itineraries of shows touring North America, to assist in promoting employment; and advice on setting up local players committees. The TMA also maintains a national membership directory to foster greater communication among both full-time and part-time theater musicians.
When requesting Player Conference status, TMA President Gordon Messick advised the IEB that the TMA's goal was not to receive special services or treatment from the Federation, but to work with the union and to be consulted when decisions are made concerning the working lives of theater musicians.
He then outlined for the Board several areas where the organized efforts of the TMA were already helping musicians working in theaters, including the TMA's support and promotion of the recently established Theater Defense Fund; its involvement in contract negotiations in such workplaces as the Pantages Theater in Los Angeles; its support of striking theater musicians such as the members of Seattle's Fifth Avenue Theatre; and the TMA's ongoing efforts to find a successful resolution to the problems between local musicians and traveling musicians employed under the AFM's Pamphlet B—Touring Theatrical Musicals agreement.
As an officially recognized Player Conference, the TMA now has the right to submit Resolutions to the AFM Convention and to send three nonvoting Delegates to the Convention who will have all the rights and privileges of other Delegates, except the right to nominate candidates for office, to participate in any floor debate on nominations, to be appointed to serve on Convention committees, and to vote in elections of Officers or on any matter presented to the Convention.
In addition, TMA representatives will now have the opportunity to meet with the International Executive Board on a regular basis to discuss issues of concern to the theater musicians being represented by the TMA.
The TMA is now the fifth Players' Conference recognized by the American Federation of Musicians. The others are: ICSOM (the International Conference of Symphony and Opera Musicians, OCSM (the Organization Canadian Symphony Musicians ROPA (the Regional Orchestra Players Association) and the RMA (the Recording Musicians Association). Together, these Conference comprise the Players' Conference Council, which meets regular with the International Executive Board to exchange information and ideas on appropriate subjects regarding the good and welfare of the American Federation Musicians.
TMA membership is $28 per year which includes a subscription to the TMA newsletter, The Pit Bulletin. The TMA currently has over 500 members, with local chapters in several US and Canadian cities. However, musicians need not have a chapter in their area to be a member of the TMA.
Interested musicians may contact the TMA care of San Francisco Local 6, 230 Jones Street, San Francisco CA 94102 or visit the TMA Web site at "http://users.oco.net/sgreen/tma.htm".
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