Recommendations Resolutions - Login Book.pdf[1.75]2% [1.50]1.75% All other employment under Federation -negotiated Electronic Media Agreements [1.50]1.75% [1.25]1.50% 37 BE IT FURTHER

RecommendationsResolutions

RecommendationsResolutions

for the 99th Convention of the American Federation of Musicians of the United States and Canada

Las Vegas, NVJuly 22-25, 2013

&

99th Convention of the America Federation of Musicians of the US and Canada

July 23–25, 2013 • Las Vegas, NV

Recommendations Committee Pg.

1. Finance Package.......................................................................... Law & Finance ...... 1

2. VPC Scope ................................................................................ Good & Welfare ...... 4

3. Pension Withdrawal ......................................................................................Law ...... 5

4. VPC on MROC Board .............................................Organization & Legislation ...... 6

5. Art.9, Sec.18 – Resigned/No FIF Clarification......................... Good & Welfare ...... 7

6. President Vote to Affect Outcome ................................................................Law ...... 8

7. Filling Vacancy – Quorum ......................................Organization & Legislation ...... 9

8. Art.5, Sec.37 – Pension Fund Re-Name (Canada) ........... Measures & Benefits .... 10

9. Art.11, Sec.18 – Charges Referred to AFM Pres. .........................................Law .... 11

10. Expansion of Representation and Mission ..............Organization & Legislation .... 12

11. Art.18, Sec.11 – Expand Committees ......................Organization & Legislation .... 13

12. Signing Resolutions ........................................................... Measures & Benefits .... 14

13. Symphonic “Fee Engagements”....................................................................Law .... 15

14. LCC/PCC Meeting Non-convention Years............................... Good & Welfare .... 16

15. Oath of Office for Locals and Federation ................................. Good & Welfare .... 17

16. Strike Fund – Stipulates CBA between Orch. & Local ........Org. & Legislation .... 18

Resolutions Committee Pg.

1. International Unfair List................................................................................Law .... 20

2. Life Members .......................................................................................... Finance .... 21

3. Reinstating Members Expelled ................................Organization & Legislation .... 22

4. VP Canada Responsibilities ...................................................... Good & Welfare .... 23

5. Per Capita Waivers.................................................................................. Finance .... 24

6. Unfair List ....................................................................................................Law .... 25

Resolution Committee Pg.

7. Regional Resource/IR Canada ................................................................ Finance .... 26

8. Dues/Disabled Members ......................................................................... Finance .... 27

9. Unity/Harmony/Artistry Logo ........................................... Measures & Benefits .... 28

10. Local Officers Support/Enforce ......................................... Measures & Benefits .... 29

11. Federation DVD Orientation Program ...................................... Good & Welfare .... 30

12. Convention Per Diem Increase................................................................ Finance .... 31

13. Symphonic Work Dues to Home/Host Locals ..............................................Law .... 33

14. Task Force MPTF/Payroll Service..................................... Measures & Benefits .... 36

15. Eligibility to Serve on Negotiation Committee.............................................Law .... 37

16. Management – Serving as Officer & Delegate .............................................Law .... 38

17. Student Periodic Local Dues.............................................. Measures & Benefits .... 39

18. Student/Youth per Cap Dues................................................................... Finance .... 40

19. Political Endorsement by AFM.................................Organization &Legislation .... 42

20. Education Division Expansion ............................................................... Finance .... 44

21. Association Category and Affiliation Fees ................................. Law & Finance .... 45

22. “Right to Work” – Check Off Form..............................................................Law .... 47

23. $1 Per Year Per Member......................................................................... Finance .... 50

24. Locals’ Player Conference Fees ........................................ Measures & Benefits .... 52

25. Local Conference Review Committee ...................................... Good & Welfare .... 53

26. National Media Agreements/Canada ............................................................Law .... 55

■ ■ adopted ■ ■ adopted as amended ■ ■ substitute adopted ■ ■ amended ■ ■ defeated ■ ■ withdrawn ■ ■ disposed of ■ ■ referred to the IEB

– 1 –

RECOMMENDATION No. 1 Law & Finance

RESOLVED, To amend Article 5, Sections 47(a) and (b), as follow, to become effective on 1

January 1, 2014: 2

SECTION 47(a). Each Local shall pay to the AFM Per Capita Dues at the rate of [$54]$66 3

per annum for each Regular, Student and Youth member and [$38]$50 per annum for each Life 4

member in good standing with the Local. 5

[Effective January 1, 2008, each Local shall pay to the AFM Per Capita Dues at the rate of 6

$56 per annum for each Regular, Student, and Youth member and $40 per annum for each Life 7

member in good standing with the Local.] Federation Per Capita Dues shall include the 8

subscription fee of $2 for the Official Journal and a contribution of 10 cents to the Lester Petrillo 9

Memorial Fund as required to maintain the Fund at a balance of no less than $500,000. 10

SECTION 47(b). A Local may, at its option and subject to IEB approval, establish a special 11

classification of Inactive Life Members who shall pay dues to the Local at a reduced rate that the 12

Local may determine. Those Life Members who opt for this Inactive status shall have all the 13

rights and privileges of active members except that they shall not be allowed to vote or hold 14

office. In addition, they may be limited in the amount of professional musical activities in which 15

they may participate in such a way and to such an extent as the Local may determine 16

appropriate. The Local shall pay to the AFM Per Capita Dues at the reduced rate of [$32]$44 17

per annum for each Inactive Life Member in good standing with the Local. 18

[Effective January 1, 2008, each Local shall pay to the AFM Per Capita Dues at the rate of 19

$34 per annum for each Inactive Life member in good standing with the Local.] 20

BE IT FURTHER RESOLVED, That effective on January 1, 2014, each Local shall 21

automatically increase its annual periodic membership dues amount for each Regular, Student, 22

Youth and Life member by $10. 23

BE IT FURTHER RESOLVED, To amend Article 9, Section 32(b), as follows: 24


– 2 –

SECTION 32(b). For employment under AFM-negotiated Agreements covering services 25

rendered for electronic media (recordings, broadcasts, films, video, etc.), Work Dues shall be no 26

less than [1½% of scale wages] the Minimum Work Dues set forth in the chart below and shall 27

be payable to the Local in which the engagement takes place, except as otherwise provided by 28

these Bylaws. Of this amount, [1¼% of scale wages] the portion set forth in the chart below 29

shall be due and payable by the Local to the AFM as Federation Work Dues. In cases where a 30

sound recording is being produced by an artist who is a member of a non-geographic local as 31

defined in Article 4, Section 10, and where the contract for the recording is administered by the 32

non-geographic local, the work dues shall be payable to the non-geographic local administering 33

the contract. 34

BE IT FURTHER RESOLVED, To relocate the chart in Article 9, Section 40(a), to Article 35

9, Section 32(b), and to amend it as follows: 36

Type of Work Minimum Work Dues as a % of scale wages

Federation Work Dues as a % of scale wages

Employment in the U.S. under the Theatrical Motion Picture Agreement [2.35]2.60% [2.10]2.35%

Employment in the U.S. under the TV Videotape Agreement [1.75]2% [1.50]1.75%

Earnings under the Radio and Television Commercial Announcement Agreement except for earnings for original sessions

[1.75]2% [1.50]1.75%

All other employment under Federation-negotiated Electronic Media Agreements [1.50]1.75% [1.25]1.50%

BE IT FURTHER RESOLVED, That effective on January 1, 2014, each Local shall 37

automatically increase its rate(s) of work dues for employment under Federation-negotiated 38

Electronic Media Agreements by .25 percent (1/4%). 39

BE IT FURTHER RESOLVED, To amend Article 9, Sections 32(c)i. and ii. as follow: 40

SECTION 32(c)i. For employment under Pamphlet B—Touring Theatrical Musicals, or for 41

employment under any other AFM-negotiated Agreement(s) or “Pamphlets” covering touring 42

employment in which the members have voted to participate in the Theater Defense Fund in 43


– 3 –

accordance with Article 6, Section 8(b)(ii), Work Dues shall be [3½]3-3/4% of scale wages and 44

shall be payable to the AFM. Of this amount, ½% shall be paid into the Theater Defense Fund. 45

ii. For any other employment under AFM-negotiated Agreements and “Pamphlets” 46

covering touring employment, Work Dues shall be 3-1/4% of scale wages and shall be payable 47

to the AFM. 48

BE IT FURTHER RESOLVED, To delete Article 9, Section 32(d) in its entirety, and 49

replace it with Article 9, Section 40(b), to be renumbered as Section 32(d), and to amend it as 50

follows: 51

SECTION 32(d).[40(b). With the exception of (1) motion picture and television soundtrack 52

albums, (2) Industrial Promotional Agreement Use of Broadway Cast Album tracks (3) new 53

uses covered by the Federation’s Symphony, Opera, Ballet Audio-Visual Agreement, and (4) 54

new uses covered by the Federation’s Radio and Television Commercial Announcements 55

Agreement for product originally recorded under that Agreement, and (5) new uses of product 56

for which the work was performed in Canada, ]Work Dues for earnings received from the use of 57

a music product for a purpose in electronic media other than that for which it was originally 58

produced (commonly known as “new use,” “clip use,” etc.) shall be 15% of the monies received 59

by the musician and shall be payable to the Federation. From this amount, 2% of the monies 60

received by the musician shall be due and payable by the Federation to the Local where the 61

original services were rendered.[ For new uses of product for which the work was performed in 62

Canada, Work Dues shall remain as set forth in Section 32(d) of this Article.] 63

BE IT FURTHER RESOLVED, To delete the remainder of Article 9, Section 40, in its 64

entirety. 65

BE IT FURTHER RESOLVED, to amend Article 17, Section 1, as follows: 66

SECTION 1. Effective August 1, [2007]2016 the AFM shall hold a Convention 67

[tri]quadrennially at a place that the IEB may determine. The Convention shall take place as 68

close as possible to the fourth week in June except in years that conflict with Canada Day in the 69

first week of July; in those years the Convention shall take place during the third week of June. 70

Submitted by the International Executive Board


–4–

RECOMMENDATION No. 2 Good & Welfare

RESOLVED, That Article 3, Section 6(b) of AFM Bylaws be amended as follows: 1

The Vice President from Canada shall be responsible for the administration of AFM affairs 2

throughout Canada, including an international contracts department, all of which shall be under the 3

International President’s direct supervision, and under the general supervision of the International 4

Executive Board. When unable to contact the International President, the Vice President from 5

Canada shall have the authority to make decisions in cases where, in his/her opinion, an emergency 6

exists in matters affecting solely Canadian members, Canadian Locals, and/or Canadian matters. To 7

give effect to these decisions, the Vice President from Canada is authorized to promulgate and 8

issue executive orders to Canadian Locals and Canadian members. 9

BE IT FURTHER RESOLVED, That Article 11, Section 2(e) of AFM Bylaws be amended, as 10

follows: 11

The Vice President from Canada shall have exclusive jurisdiction over any matters that are in the 12

jurisdiction of the AFM with respect to this Article 11, and that involve only Canadian parties and 13

issues. In exercising such jurisdiction, s/he shall follow the procedures outlined in the Canadian 14

Office Rules of Practice and Procedure (CORPP), as may be amended from time to time. 15



–5–

RECOMMENDATION No. 3 Law

RESOLVED, That a New Section 37(b) be added to Article 5, as follows: 1

NEW SECTION 37(b). If any Local Union intends to make a proposal in negotiations to 2

withdraw from participation in the American Federation of Musicians and Employers Pension Fund 3

or the Musicians' Pension Fund of Canada/caisse de retraite des musiciens du Canada, or any 4

employer makes such a proposal, the Local shall promptly notify the International President’s Office 5

and shall arrange for the International President’s Office or, in Canada, the Vice President from 6

Canada’s Office, to be present during all bargaining with respect to pension contributions. This 7

Section 37(b) shall not be applied to deprive, or otherwise interfere with, Locals’ rights and 8

responsibilities with respect to the negotiation and ratification of any CBA. 9



–6–

RECOMMENDATION No. 4 Organization & Legislation

RESOLVED, That a New Section (f) be added to Article 3, Section 6 of AFM Bylaws, as 1

follows: 2

NEW SECTION 6(f). The Vice President from Canada shall sit on the board of the Musicians’ 3

Rights Organization Canada (MROC). 4



–7–


RESOLVED, That Article 9, Section 18 of AFM Bylaws be amended, as follows: 1

No FIF shall be imposed upon or collected from any former member who has resigned in good 2

standing [from the Local(s) of which s/he was a member]. 3



–8–


RESOLVED, That Article 3, Section 4(c) of AFM Bylaws be amended, as follows: 1

At IEB meetings the International President shall vote only [in the case of a tie] when doing so 2

would affect the outcome of the vote. 3



–9–



If a Local’s Bylaws do not provide for the filling of vacancies in office between elections of 2

Officers, the vacancies shall be filled by appointment by the Local Executive Board. If the Local’s 3

Executive Board is unable to attain a quorum in order to make such appointment, the International 4

President is authorized to impose an appropriate mechanism to permit the Local to fill the vacancy. 5

In all cases, however, a member may assume the position of Convention delegate only by secret 6

ballot vote of the membership in conformity with the requirements of the Labor-Management 7

Reporting and Disclosure Act of 1959, as amended. 8



–10–

RECOMMENDATION No. 8 Measures & Benefits


All Locals are urged, either through collective bargaining, participation agreement or single 2

engagement pension form, to negotiate employer contributions to the [AFM-EP Fund] American 3

Federation of Musicians and Employers’ Pension Fund (U.S.) or the [AFM-EPW Fund 4

(Canada)]Musicians' Pension Fund of Canada/caisse de retraite des musiciens du Canada on all 5

engagements, where practicable and feasible. 6



–11–



Charges preferred by a member of a Local against an Officer of that Local shall be adjudicated by 2

that Local in accordance with its Bylaws. [In the event that the charges involve so many members of 3

the trial body that it cannot legally function] If the Local’s adjudicating body is unable to conduct the 4

trial for whatever reason (e.g., the number of defendants or other conflicts of interest serve to deprive 5

the body of its quorum or the body believes that it cannot, for whatever reason, conduct an unbiased 6

trial, etc.), the Local or the charging party shall refer the charges to the International President. The 7

President, or his or her designee, shall then review the charges and either (i) refer them back to the 8

Local for adjudication, (ii) dismiss them or (iii) refer them to the International Secretary-Treasurer for 9

adjudication by the IEB. The decision of the President, or his or her designee, to dismiss the charges 10

shall be final and not subject to appeal. 11



–12–


RESOLVED, That Article 5, Section 11 of AFM Bylaws be renumbered Section 11(a) and a new 1

subsection (b) added to Section 11, as follows: 2

NEW SUB SECTION. (b) Each Local shall develop and implement a plan, which shall be 3

consistent with the mission of the AFM as set forth in Article 2, to (1) expand its representation of the 4

active music industry in its jurisdiction, (2) increase its membership base, and (3) advance the general 5

welfare of professional musicians within its jurisdiction. The AFM shall develop and maintain 6

support resources to assist Locals in pursuing this objective. 7

BE IT FURTHER RESOLVED, That Article 20, Section 12 be deleted in its entirety. 8



–13–


RESOLVED, To amend Article 18, Section 11, as follows: 1

At the Convention the International President shall appoint the following Committees of the 2

Convention: Credentials, Law, Finance, Measures and Benefits, Good and Welfare, and 3

Organization and Legislation, which shall meet at the Convention and report to the Convention on 4

matters assigned to each by the International President.[,] The International President shall also 5

appoint the following Committees of the Federation, which shall each meet and make their reports to 6

the Convention: International Musician, Public Relations, [Legislative Action Fund (formerly 7

]TEMPO-PCC[)], Small Locals[Committee], Diversity[Committee], and Organizing. [and]The 8

International President shall also appoint such other Committees as the Convention may direct. As 9

soon as practicable after receiving the list of Delegates, the International President shall appoint from 10

that list the Credentials Committee and the Law Committee, and from the Law Committee members 11

a subcommittee of five to be known as the Appeals Committee. The Law Committee and Finance 12

Committee shall be comprised of not less than 15 Delegates. The number of Delegates appointed to 13

all other Committees shall be determined by the International President but shall not be less than ten. 14

BE IT FURTHER RESOLVED, To amend Article 17, Section 12, as follows: 15

Conferences shall be permitted to submit Resolutions to the AFM Convention. In addition, each 16

Player Conference shall be allowed to send three nonvoting Delegates to the Convention who 17

shall be duly elected by their Conferences and shall be entitled to all the rights and privileges of 18

other Delegates except the right to nominate candidates for office, to participate in any floor 19

debate on nominations, and to vote in elections of Officers or on any matter presented to the 20

Convention. Player Conference Delegates shall also be eligible to serve on Committees of the 21

Federation as provided for in Article 18, Section 11. 22



–14–

RECOMMENDATION No. 12 Measures & Benefits

RESOLVED, That Article 18, Section 4(a) of AFM Bylaws be amended, as follows: 1

Delegates, Locals, or Conferences desiring to introduce a Resolution for consideration by the 2

Convention must forward it in writing to the International Secretary-Treasurer, postmarked or 3

electronically transmitted not later than March 1 of the Convention year. All electronically 4

transmitted Resolutions must also be submitted by mail, postmarked no later than the next business 5

day. Resolutions must bear the signatures of all sponsoring Delegates, or the signatures of authorized 6

officers of sponsoring Locals or Conferences. 7



–15–


RESOLVED, To amend Article 14, Section 3, as follows: 1

A Symphonic Orchestra may travel freely for the purpose of giving concerts of a Symphonic type 2

and without payment by it or its members of any Work Dues or other fee for the concert to the Local 3

where the concerts are given, and without interference from, or imposition of burdens or restrictions 4

by that Local, and without submitting its contract or the details of its engagement to that Local; but it 5

shall remain subject to the jurisdiction of its home Local. However, in cases where a Symphonic 6

Orchestra travels as a back-up unit to an artist or in a commercial venture that is not self-produced 7

(i.e., “fee engagements,” where the symphonic employer is not the primary presenter, is a co-8

presenter, or the orchestra is not the main attraction), the orchestra’s engagement shall be considered 9

a “Traveling Engagement” as provided in Article 13, the wage scale of the home Local or the Local 10

having jurisdiction over the place of the engagement, whichever is higher, shall prevail, and the work 11

dues shall be remitted to the Local having jurisdiction over the place of the engagement. Further, in 12

order to prevent unfair competition, the IEB shall have the authority to establish policies and 13

regulations affecting an orchestra “in residence” outside the home jurisdiction of that orchestra or to 14

restrict an orchestra from performing “in residence” in the home jurisdiction of another orchestra. 15

Members of Symphonic Orchestras “in residence” in another Local’s jurisdiction shall not be 16

permitted to perform other musical engagements in that jurisdiction without the prior consent of that 17

Local. All engagements for Symphonic Orchestras may be arranged without the intervention of a 18

licensed agent or other intermediary and at such terms and prices as the management and the person 19

making the engagement may mutually agree upon, it being understood that at no time shall the 20

players receive less than the minimum rates provided for the particular type of engagement in their 21

contracts. 22



–16–


RESOLVED, That Article 22, Section 15(b) of AFM Bylaws be amended, as follows: 1

The LCC and the PCC shall meet once during the twelve-month mid-point between conventions 2

for two days [in non- convention years] on dates selected at the discretion of the International 3

President. The first day shall be an exclusive meeting of the LCC. The first order of business shall be 4

the election of an LCC Chairperson and Secretary. The Chairperson shall appoint the Sergeant-at-5

Arms. On the second day, the LCC and the PCC may meet jointly or separately with the IEB. 6



–17–


RESOLVED, That Article 5 be amended to add a new Section 27 as follows: 1

NEW SECTION 27. All Local Officers shall subscribe to the following Oath of Office: 2

Oath of Obligation for Officers 3

I, (name) , do hereby solemnly pledge on my most sacred word of honor that I will faithfully discharge the 4

duties of my office as (officer) of this Local during the term for which I have been elected, or until my successor is 5

duly elected and installed; that I will support the Constitution and Bylaws and rules and regulations of the Local and 6

the Bylaws of the American Federation of Musicians of the United States and Canada, and this Local, and will 7

enforce the laws thereof to the best of my ability, without prejudice or partiality. 8

I now declare you duly elected and installed 9

BE IT FURTHER RESOLVED, That Article 19, Section15 be amended as follows: 10

All Officers elected at a Convention shall assume Office on the first day of August following the 11

Convention. All Federation Officers shall subscribe to the following Oath of Office: 12

Oath of Obligation for Federation Officers 13

I, (name) , do hereby solemnly pledge on my most sacred word of honor that I will 14

Faithfully discharge the duties of my office as (officer) of this Federation during 15

the term for which I have been elected, or until my successor is duly elected and 16

installed; that I will support the Bylaws of the American Federation of Musicians of the 17

United States and Canada and will enforce the laws thereof to the best of my ability, 18

without prejudice or partiality. 19

I now declare you duly elected and installed. 20



–18–


RESOLVED, That Article 6, Section 4(b) of AFM Bylaws be amended, as follows: 1

Eligibility for participation in the Fund shall be limited to Symphonic Orchestras that operate 2

under the terms of a CBA between the symphonic organization and a Local providing for a 3

minimum weekly section player salary of at least $300 and a season of at least 15 weeks of 4

employment. 5



–19–


–20–

RESOLUTION No. 1 Law

International Unfair List

WHEREAS, The International Unfair List lists organizations, establishment, and people for

whom Members are prohibited from rendering musical services; and

WHEREAS, A 3rd party may employ or contract with organizations, establishments, and people

on the International Unfair List and with Members, thereby allowing Members to render services

together with entities who are on the International Unfair list; and

WHEREAS, Permitting Members, this way, to render musical services alongside people who

have been placed on the International Unfair List defeats the purpose of the List; therefore, be it

RESOLVED: That Article 8, Section 3 shall be amended, as follows: 1

Members shall not render musical services for organizations, establishments, or people who have 2

been placed on the International Unfair List. Further, Members shall not render musical services with 3

people who have been placed on the International Unfair List nor with people who have been 4

employed by, are principles of, or are otherwise associated with organizations or establishments that 5

have been placed on the International Unfair list. Any member who violates this Section shall be 6

subject to penalties in accordance with Article 11, Section 13 [See Article 13, Section 4]. 7

Mark Reed, Local 247


–21–

RESOLUTION No. 2 Finance

Life Members

WHEREAS, Some Members who are 65 years of age or older have been Members for 35 or

more years, not including periods of time during which they were not Members; and

WHEREAS, Under the existing Bylaws, such Members would not qualify for Life Membership

status, if they were not Members for at least 35 consecutive years; and

WHEREAS, Members who are 65 years of age or older and who have been Members for 35 or

more years, regardless of interruptions in their membership, should be formally recognized and

congratulated for their enduring commitment to the AFM; therefore, be it

RESOLVED: That Article 5, Section 55(b) shall be amended, as follows: 1

Based upon a properly constituted vote of its membership, a Local may establish a Life 2

Membership category. The minimum requirements for Life Membership in any Local shall be 65 3

years of age and 35 [consecutive] accumulated years of AFM membership, however, a Local may 4

establish higher thresholds for attaining Life Membership status, (i.e., age greater than 65 years; more 5

than 35 years of [consecutive] accumulated AFM membership, the requirement that the requisite 6

years of AFM membership be consecutive, or the requirement that the requisite years of AFM 7

membership be attained within the specific [local] Local). 8



–22–

RESOLUTION No. 3 Organization & Legislation

Reinstating Members Expelled as Disciplinary Action

WHEREAS, Occasionally, Locals, the CFM, and the AFM expel Members as disciplinary action;

and

WHEREAS, Under the existing Bylaws, Locals have no means to deny the membership

application of a Former Member who, only minutes before, was expelled as disciplinary action;

therefore, be it

RESOLVED. That a new section [suggest between existing Sections 19 and 20] be added to 1

Article 9 of the AFM Bylaws, as follows: 2

NEW SECTION. When a former AFM Member who has been expelled by a Local or otherwise 3

by the AFM as disciplinary action, files an application for reinstatement, the Local in which the 4

application has been filed, may, at its sole discretion, refer the application to the IEB for action. 5



–23–

RESOLUTION No. 4 Good & Welfare

WHEREAS, It is prudent to remove any ambiguity regarding the exclusive jurisdiction/authority

of the Vice President from Canada for the administration and governance of AFM affairs involving

Canadian Locals and their respective members; therefore, be it

RESOLVED, That Article 3, Section 6(b) be deleted in its entirety and replaced with a new 1

Section 6(b) as follows: 2

NEW SECTION 6(b). The Vice President from Canada shall be responsible for the 3

administration and governance of AFM affairs throughout Canada, including a Canadian contracts 4

department. His/her authority shall be exclusive over any matters that involve AFM members 5

performing in Canada and Canadian issues affecting Canadian Locals and their respective members. 6

In any solely Canadian matter wherein current AFM Bylaw authority rests with the International 7

President, the Vice President from Canada shall consult with and report to the International President, 8

who may delegate his/her Bylaw authority to the Vice President from Canada in compliance with the 9

exclusive authority prescribed herein. In an emergency, and when the Vice President from Canada is 10

unable to contact the International President, the Vice President from Canada shall have the authority 11

to make decisions in cases where, in his/her opinion, an emergency exists. To give effect to these 12

decisions the Vice President from Canada is authorized to promulgate and issue executive orders to 13

Canadian Locals and Canadian members. 14

All matters that are National and/or provincial in scope, and which may require expenditures by 15

the AFM that are not included in its budget, are subject to the supervision and approval of the IEB. 16

Canadian Conference of Musicians OCSM


–24–


WHEREAS, It is always better for an organization to take a proactive stance to problem solving

rather than a reactive stance; and

WHEREAS, Locals are required to maintain a permanent business office (Article 5, Section 14)

which often includes sharing a building with tenants whose behavior is beyond the Local’s control

and insurance claims for situations such as fire, theft and flood do not cover incidentals like light

bulbs, cleaning copy machine/printer rollers, temporary housing and moving expenses, etc; unique

circumstances can put significant strain on financially marginal Locals, enough to hamper their

representation of members and even cause them to fail; and

WHEREAS, The International and its Locals constitute a financial web where each supports the

other, accentuating gains and mitigating losses, yet Article 5, Section 47(d) limits the IEB’s ability to

act proactively, in fact allowing it to only act once a Local is so financially stressed it is in arrears on

Federation Per Capita dues, possibly beyond recovery; therefore, be it

RESOLVED, that Article 5, Section 47(d) of AFM Bylaws be amended, as follows: 1

If a Local requests forgiveness of delinquent Federation Per Capita dues and/or accrued penalties 2

thereon, and presents financial evidence of its inability to make such payments, the IEB may, after 3

examination of the Local’s evidence, and such other investigation as it deems necessary, at its 4

discretion waive or defer such payments in whole or in part. 5

A Local may request a waiver of Federation Per Capita Dues should the Local experience a 6

unique (generally non-recurring) circumstance that may substantially impede that Local from 7

carrying out its duties to its membership. Such a unique circumstance would include, but not be 8

limited to, fire, theft, or flooding of the Local’s office, CBA strike. The IEB may, on a case by case 9

basis, after examination of the Local’s evidence and such other investigation as the IEB deems 10

necessary, waive or defer that Local’s Federation Per Capita Dues for a period of time that the IEB 11

sees as appropriate to help keep that Local from falling into arrears or becoming financially unable to 12

perform its duties as a Local. 13

Mid America Conference Joe Boettger, Local 542


–25–


WHEREAS, only Traveling Members are cited in the Bylaws under ARTICLE 13-GENERAL

RULES FOR ALL TRAVELING ENGAGEMENTS, Section 4; and,

WHEREAS, during the Detroit Symphony Strike, both Local and Traveling Members were

impacted by the International Unfair List; therefore, be it

RESOLVED, that Article 8, Section 3 of AFM Bylaws be amended, as follows: 1

Members shall not render musical services for organizations, establishments, or people who have 2

been placed on the International Unfair List. Members shall be responsible to ascertain that the 3

organization, establishment, or person for whom they propose to render musical services has not 4

been placed on the International Unfair List. Ignorance of this bylaw shall not be an excuse for its 5

violation, or grounds for appeal. Any members who violate this Section shall be subject to penalties 6

in accordance with Article 11, Section 13 [See Article 13, Section 4]. 7

Mid America Conference


–26–


WHEREAS, The 2003 AFM Bylaws were amended at the 2005 Convention to provide for

Regional Resource Centers and the then Article 3, Section 4(j) was deleted in its entirety. That

deletion also removed the provision for a Canadian IR who resides in Canada, which action was not

passed by the 2005 Convention; and

WHEREAS, at the 2007 AFM Convention, Resolution 5 was referred to the IEB, as a result of

which the referenced full and/or part-time Field Services Representatives were designated again as

International Representatives; and

WHEREAS, through oversight there is currently no reference in the Bylaws to a full and/or part-

time Canadian IR who resides in Canada; therefore, be it

RESOLVED, That Article 3, Section 4(h) of the Bylaws be amended as follows: 1

The International President shall appoint an “Executive Assistant to the President,” and, 2

after consulting with the Secretary-Treasurer, the Vice-President from Canada, and the 3

Executive Assistant, appoint International Representatives as follows, all subject to approval by 4

the IEB, which shall also set the compensation for these positions. There shall be an Executive 5

Assistant to the President, answerable to the President, who shall serve as his/her 6

representative with regard to the implementation of AFM policy and supervision of 7

field/resource departments. The Executive Assistant shall direct and sort inquiries that may 8

come into the AFM offices. There shall be up to ten full and/or part-time International 9

Representatives appointed, who shall report to the Executive Assistant. One of the IR’s shall be 10

designated as the Canadian International Representative who shall have Canadian citizenship or 11

Permanent Resident status and who must reside in Canada. 12

Canadian Conference of Musicians OCSM


–27–


WHEREAS, some of our AFM brothers and sisters have or will become disabled and can no

longer work; and

WHEREAS, a disabled member may be unable to pay full AFM dues and may want to remain a

member of the AFM; therefore, be it

RESOLVED, that a new subsection (c) be added to Article 9, Section 4 of AFM Bylaws, as 1

follows: 2

NEW SUBSECTION (c). Pursuant to a properly constituted vote of its Executive Board, a Local 3

may establish a “Disabled Members” category which shall enable disabled members, with proper 4

documentation of medical diagnosis and with at least five (5) years of continuous AFM membership, 5

to pay dues at the Life Member rate until a return to work. 6

Craig Krampf, Local 257


–28–

RESOLUTION No. 9 Measures & Benefits

WHEREAS, The American Federation of Musicians of the United States and Canada has, since

the 1996 AFM Convention, had as its motto “Unity, Harmony, Artistry,” and

WHEREAS, the AFM has evolved over the years to provide support and services to a wide range

of musicians of all ages and genders who work in every conceivable genre of music, from classical to

rock, country, blues, jazz, world music, gospel, bluegrass, chamber music, Native American music

and more; and

WHEREAS, as the United States and Canada’s citizens have many different ethnic and cultural

backgrounds, and the AFM’s membership reflects and celebrates this diversity; and

WHEREAS, the AFM’s efforts to promote and encourage diversity in its membership has

resulted in an increased awareness of the importance of multi-cultural and multi-genre outreach in

our efforts to identify and recruit new members; and

WHEREAS, slogans or mottos should be concise and east to remember, and as “Diversity” has

more depth of meaning than “Harmony,” which is already implied in the word “Unity,” therefore, be

it

RESOLVED, that a new section be added to Article 2: Mission, of the AFM Bylaws as follows: 1

NEW SECTION 2. The AFM’s motto shall be written as follows: “Unity, Artistry, Diversity” 2

and used in this fashion when the AFM motto is displayed. 3

Craig Krampf, Local 257 Keith Milligan, Local 105


–29–


RESOLVED, that a new subsection (c) be added to Article 5, Section 1 of AFM Bylaws, as 1

follows: 2

NEW SUBSECTION (c). Locals’ Elected Officers shall support and enforce their Local’s 3

Constitution and/or bylaws. 4

Howard Garniss, Local 9-535


–30–


WHEREAS, New members are more accustomed to electronic presentations than oral

presentations; and

WHEREAS, new members will benefit from an orientation program that has standardized

Federation content; and

WHEREAS, the Federation is best able to determine what each member should know about the

Federation; and

WHEREAS, many new members simply don’t attend local orientation programs; therefore, be, it

RESOLVED, that Article 5, Section 12 be amended as follows: 1

Each Local shall conduct an orientation program for new members. In support of the Locals, 2

[T]the AFM shall develop, maintain, and regularly update [supplementary material to assist each 3

Local in this regard.]a Federation DVD orientation program which shall be used to supplement Local 4

orientation programs. In lieu of a Federation DVD orientation program, the Federation may create an 5

online orientation program viewable by all new members through an exclusive login password. 6

John Leite, Local 300


–31–


WHEREAS, the Federation per diem has remained static for several years; and

WHEREAS, expenses related to travel have increased significantly over the past several years;

and

WHEREAS, the convention per diem should be no less than the Federation per diem; therefore,

be it

RESOLVED, That Article 17, Section 15 of AFM Bylaws be amended as follows; 1

The AFM shall pay [$50] $75 per diem to each of the following in attendance for each full or 2

fraction of a day during which the Convention is in official session plus one day of travel to the 3

Convention city: 4

(1) One Delegate from each Local as defined in Article 17, Section 4; 5

(2) One Delegate from each Player Conference as defined in Article 22, Section 14; 6

(3) Each “Diversity Delegate” from merged Locals as defined in Article 17, Section 4(b). 7

In addition, the AFM shall pay [$50] $75 per diem to each committee member required to be 8

present in the Convention city prior to the first day on which the Convention is in official session. 9

Hotel accommodations shall be paid by the AFM for each individual mentioned above in this 10

Section for each day per diem is required (including the one additional day), provided the 11

individuals stay at the designated hotel(s) pursuant to an agreement between the AFM and the 12

designated hotel(s). 13

BE IT FURTHER RESOLVED, That Article 22, Section 15(c) of AFM Bylaws be amended, as 14

follows: 15


–32–

Each LCC and PCC Delegate shall be compensated as provided for AFM Convention 16

Delegates and shall receive per diem of [$50] $75 per day and hotel allowance for the two days 17

the meeting is in session and the Delegate attends plus one travel day. 18

John Leite, Local 300


–33–


WHEREAS, A Symphonic Orchestra may travel freely for the purpose of giving concerts of a

Symphonic type and without payment by it or its members of any Work Dues or other fee for the

concert to the Local where the concerts are given, i.e., Host Local and without interference from, or

imposition of burdens or restrictions by that Local, and without submitting its contract or the details

of its engagement to that Local; but it shall remain subject to the jurisdiction of its home Local; and

WHEREAS, such exemption from “interference” by the Host Local includes “in residence”

performances that may extend for multiple weeks in the Host Local’s jurisdiction; and

WHEREAS, Traveling Bands, by contrast, are obligated to disclose contractual details to the Host

Local while also accepting that one-half of their Work Dues must ultimately be paid to the Host

Local; and

WHEREAS, this dual standard and added burden is also imposed on Traveling Bands that work

under CBA’s with their Home Local; and

WHEREAS, dual standards for collecting Work Dues is unfair, runs contrary to fundamental

principles of Labor and only continues a history of discrimination of Traveling Bands; and

WHEREAS, it matters less which system is adopted, but only that both groups are treated

similarly with respect to reporting requirements and collection of Work Dues; therefore, be it

RESOLVED, that the appropriate amendments to Article 9, Sections 38 and 39 be considered for 1

amendment in OPTION #1 or OPTION #2, as follows: 2

OPTION #1 (Work Dues paid only to the Home Local) ARTICLE 9, SECTION 38. Members 3

performing Symphonic services outside of the orchestra’s home Local when the services are 4

rendered under a [master agreement] CBA between the home Local and the orchestra management, 5

shall not be considered traveling members for the purposes of this Article and shall be required to 6

pay Federation and Local Work Dues only to the home Local. 7


–34–

SECTION 39. Members performing services other than Symphonic services outside of the 8

jurisdiction of the home Local where their employer is based, when the services are rendered under a 9

CBA between the home Local and the employer, pursuant to Article 5, Section 29, shall not be 10

considered traveling members for the purposes of this Article and shall be required to pay any 11

required Local and/or Federation Work Dues pertaining to the services only to the home Local. [The 12

home Local shall, within 30 days of receipt of the Work Dues, remit to the Local 13

where the services are rendered an amount equal to one-half of the Local Work Dues received or an 14

amount equal to one-half of the Work Dues payable on the wage scale and Work Dues rate of the 15

Local where the services are rendered, whichever is less.] 16

OR 17

OPTION #2 (Work Dues paid to both the Home and Host Locals): ARTICLE 9, SECTION 38. 18

Members performing Symphonic services outside of the orchestra’s home Local when the services 19

are rendered under a master agreement between the home Local and the orchestra management, shall 20

not be considered traveling members for the purposes of this Article and shall be required to pay 21

Federation and Local Work Dues [only to the] to their home Local. The home Local shall, within 30 22

days of receipt of the Work Dues, remit to the Local where the services are rendered an amount equal 23

to one-half of the Local Work Dues received or an amount equal to one-half of the Work Dues 24

payable on the wage scale and Work Dues rate of the Local where the services are rendered, 25

whichever is less. 26

SECTION 39. Members performing services other than Symphonic services outside of the 27

jurisdiction of the home Local where their employer is based, when the services are rendered under a 28

CBA between the home Local and the employer, pursuant to Article 5, Section 29, shall not be 29

considered traveling members for the purposes of this Article and shall be required to pay any 30

required Local and/or Federation Work Dues pertaining to the services only to the home Local. The 31

home Local shall, within 30 days of receipt of the Work Dues, remit to the Local where the services 32

are rendered an amount equal to one-half of the Local Work Dues received or an amount equal to 33

one-half of the Work Dues payable on the wage scale and Work Dues rate of the Local where the 34

services are rendered, whichever is less. 35


–35–

BE IT FURTHER RESOLVED, that upon adoption of OPTION #2, Article 14, Section 3 be 36

deleted in its entirety.ARTICLE 14, SECTION 3. A Symphonic Orchestra may travel freely for the 37

purpose of giving concerts of a Symphonic type and without payment by it or its members of any 38

Work Dues or other fee for the concert to the Local where the concerts are given, and without 39

interference from, or imposition of burdens or restrictions by that Local, and without submitting its 40

contract or the details of its engagement to that Local; but it shall remain subject to the jurisdiction of 41

its home Local. However, in order to prevent unfair competition, the IEB shall have the authority to 42

establish policies and regulations affecting an orchestra “in residence” outside the home jurisdiction 43

of that orchestra or to restrict an orchestra from performing “in residence” in the home jurisdiction of 44

another orchestra. Members of Symphonic Orchestras “in residence” in another Local’s jurisdiction 45

shall not be permitted to perform other musical engagements in that jurisdiction without the prior 46

consent of that Local. All engagements for Symphonic Orchestras may be arranged without the 47

intervention of a licensed agent or other intermediary and at such terms and prices as the 48

management and the person making the engagement may mutually agree upon, it being understood 49

that at no time shall the players receive less than the minimum rates provided for the particular type 50

of engagement in their contracts. 51

Pete Vriesenga, Local 20-623 Adolph R. Mares, Local 20-623 Thomas Blomster, Local 20-623


–36–


WHEREAS, the 98th AFM Convention committed to saving and expanding MPTF, and,

WHEREAS, the Music Performance Trust Fund (MPTF) was once the largest employer of

professional musicians in the world, and,

WHEREAS, MPTF was also the subject of considerable member dissent for half a century, and,

WHEREAS, we should focus our efforts to implement only those aspects of MPTF that have

proven beneficial to our members, and,

WHEREAS, music licensing, performance liability, payroll services, pension and other payroll

benefits are established benefits and services when MPTF becomes the employer of record, and,

WHEREAS, our industry has declined because many event planners and potential purchasers are

unwilling to accept employer responsibilities that include music licensing, performance liability and

other payroll benefits, and,

WHEREAS, the current AFM leadership is committed to organizing our industry and developing

just such opportunities, therefore be it,

RESOLVED, that the 99th Convention of the American Federation of Musicians shall establish a 1

Task Force to study the feasibility of converting MPTF into a payroll service that could leverage 2

growth opportunities and become available to all AFM Locals and AFM members. 3

Pete Vriesenga, Local 20-623 Adolph R. Mares, Local 20-623 Thomas Blomster, Local 20-623


–37–



Members of a Local who:(1) are contractors, personnel managers, or who perform other 2

supervisory duties for an employer with whom the Local has a CBA; and/or 3

(2) join, are directly affiliated with, or are members of the governing body of any management 4

organization except for those specifically elected or appointed to act solely as a representative of a 5

player conference within a management organization; shall not be eligible to serve on the negotiation 6

and/or grievance-arbitration committee. In addition, they shall not be permitted to participate in any 7

membership meeting or portion of a meeting in which collective bargaining negotiations or contract 8

administration issues are discussed notwithstanding the fact that they may also perform musical 9

services for the employer and may be a member of the affected bargaining unit. However, the 10

members shall be permitted to participate in any contract ratification vote, as long as they are 11

otherwise eligible. 12

Stephanie Tretick, Local 60-471


–38–


RESOLVED, that a new subsection (g) be added to Article 5, Section 42 of AFM Bylaws, as 1

follows: 2

NEW SUBSECTION (g). No AFM member employed in any management or supervisory 3

capacity by an organization which is party to a collective bargaining agreement with an AFM Local 4

shall serve as a Local Officer, Executive Board Director, Delegate or Alternate Delegate in any AFM 5

Local. 6

Ed Malaga, Local 161-710


–39–


WHEREAS, the AFM Bylaws do not offer a discounted “Student Member” price to student

musicians who join as new members, beyond the waiving of LIF and FIF initiation fees for Student

Members; and

WHEREAS, these initiation fees are often waived in other circumstances, such as a membership

drive or a number of musicians joining as a group; and

WHEREAS, it is in the best interests of the AFM to attract younger musicians and make it more

affordable for them to not only become a union member, but to remain members in good standing;

therefore be it

RESOLVED, that Article 9, Section 4(b) of AFM Bylaws be amended, as follows: 1

A Student Member, as defined in a Local’s Bylaws, shall pay periodic Local dues at the [same 2

rate as Regular Members as] rate set by the Local and Work Dues where applicable, but shall not 3

pay LIF or FIF. 4

Craig Krampf, Local 257


–40–


Youth and Student Members

WHEREAS, the American Federation of Musicians of the United States and Canada (“AFM”) is

a long-standing organization dedicated to serving musicians of all genres since 1896; and

WHEREAS, the AFM grew to over 200,000 members during the 20th century; and

WHEREAS, although the number of declared career musicians in the United States and Canada

has increased exponentially in the past twenty years, the membership of the AFM has steadily

declined and currently is at 71,430 as of February 2013 (number provided by Finance office of the

AFM based on per capitas); and

WHEREAS, as a former chair of the AFM Youth Diversity Committee and former member of

the AFM Diversity Committee, we discussed options to attract and retain younger members, while

considering the financial restrictions on the young musician (aka “starving artists”); and

WHEREAS, the AFM Bylaws also should be amended to delete old language; therefore, be it

RESOLVED that Article 5, Section 47(a) of AFM Bylaws be amended as follows: 1

[Each Local shall pay to the AFM Per Capita Dues at the rate of $54 per annum for each Regular, 2

Student and Youth member and $38 per annum for each Life member in good standing with the Local.] 3

[Effective January 1, 2008, e] Each Local shall pay to the AFM Per Capita Dues at the rate of $56 per 4

annum for each Regular [, Student and Youth] member and [$40] $38 per annum for each Life, Student 5

and Youth member in good standing with the Local. Federation Per Capita Dues shall include the 6

subscription fee of $2 for the Official Journal and a contribution of 10 cents to the Lester Petrillo 7

Memorial Fund as required to maintain the Fund at a balance of no less than $500,000. 8

BE IT FURTHER RESOLVED that Article 5, Section 47(b) of AFM Bylaws be amended as follows: 9

A Local may, at its option and subject to IEB approval, establish a special classification of Inactive 10

Life, Student and Youth Members (“Inactive Member”) who shall pay dues to the Local at a reduced rate 11


–41–

that the Local may determine. Those Life, Student and Youth Members who opt for this Inactive status 12

shall have all the rights and privileges of active members except that they shall not be allowed to vote or 13

hold office. In addition, they may be limited in the amount of professional musical activities in which they 14

may participate in such a way and to such an extent as the Local may determine appropriate. The Local 15

shall pay to the AFM Per Capita Dues at the reduced rate of [$32] $34 per annum for each Inactive [Life] 16

Member in good standing with the Local. 17

[Effective January 1, 2008, each Local shall pay to the AFM Per Capita Dues at the rate of $34 per 18

annum for each Inactive Life member in good standing with the Local.] 19

Michelle Jones, Local 389


–42–

RESOLUTION No. 19 Organization & Legislation

Political Endorsements





has increased exponentially in the past twenty years, the membership of the AFM has declined to

95,000 in October 2004, and has steadily decreased to 80,277 is 2010, 79,669 in 2011, and currently

is at 71,430 as of February 2013, with the largest percentages of decreased membership in the 1st

quarter of 2005 and 1st quarter of 2013 (numbers provided by Finance office of the AFM based on

per capitas); and

WHEREAS, the AFM conducted a survey of its members in 2004 whereby the respondents

stated that they were 53% Democrat, 42% Republican, with the remaining 5% independent, not

registered or ineligible to vote in the United States;

WHEREAS, the AFM publicly endorsed a political candidate in 2004, and immediately saw a

decrease in membership the following quarter; and

WHEREAS, the AFM did not endorse any political candidates in 2008, and there was no

significant decrease in membership during the following quarter; and

WHEREAS, the AFM publicly endorsed a political candidate in 2012, and immediately saw a

10% decrease in membership the following quarter; and

WHEREAS, the AFM cannot afford to lose members simply over a political party or candidate

endorsement, regardless of the affiliation; and

WHEREAS, our Local 389 of the AFM received several angry phone calls, letters, and

resignations immediately after such endorsements became published; therefore, be it

RESOLVED that the AFM, AFM Federation Officers and the International Executive Board 1

Members shall prohibit public endorsements representing the AFM of any political candidate or 2

party in any public forum or media, including social media, electronic mail, publications, video 3

broadcasts, and any other media now known or to be created in the future. This does not include the 4


–43–

infringement of an individual’s right to free speech (i.e., an individual proclaiming personal support 5

for a candidate or party). This also does not include the prohibition of support for specific legislation 6

items for the benefit of musicians and AFM members through the AFM TEMPO organization. 7



–44–


Education Division





has increased exponentially in the past twenty years, the membership of the AFM has declined to

approximately 95,000 in 2004, and has steadily decreased to 80,277 is 2010, 79,669 in 2011, and

currently is at 71,430 as of February 2013 (number provided by Finance office of the AFM based on

per capitas); and

WHEREAS, as a musician, educator and recruiter for our Local 389 of the AFM, I have learned

that current high school and university students are not informed about the existence of the AFM, nor

are they informed the importance and legal requirements of being an AFM Member when working

in states and other locations in the world that are not “right-to-work”; and

WHEREAS, as more states become “right-to-work,” fewer musicians are aware of the benefits of

AFM Membership; therefore, be it

RESOLVED that the AFM shall expand its Education Division to include developing an outreach 1

and recruitment program to partner with schools, colleges and universities to educate aspiring and 2

young musicians on the benefits and requirements of AFM Membership. Such education should 3

emphasize the reasons for being an AFM Member, including the networking opportunities, audition 4

notices, contractor and booking agent contacts, national and international publicity, assistance with 5

touring and freelancing, and the many other benefits of AFM Membership. With the newly 6

expanded Education Division, AFM representatives can not only go to these schools, but can also 7

work with the Local Officers to help train them how to promote the AFM in schools in their 8

respective geographic areas. 9



–45–

RESOLUTION No. 21 Law & Finance

WHEREAS, Local 406, Province of Quebec (“Guilde des musiciens et musiciennes du Quebec”

or GMMQ) is a certified Union and an Artists Association legally recognized under both Quebec’s

“Act respecting the professional status of artists” and Canada’s “Status of the Artist Act”; and

WHEREAS, The GMMQ has forceful authority and is legally obliged to negotiate Group

Agreements with Quebec producers operating or established on our territory; and

WHEREAS, The GMMQ is legally obliged to negotiate in good faith and cannot force a

producer to accept an agreement not negotiated by the GMMQ; and

WHEREAS, The GMMQ recognized by a public order statute as the exclusive bargaining agent

representing all professional musicians living in Quebec; and

WHEREAS, The GMMQ is subject to the Charter of the French language and must therefore

offer services in French and provide to its members French versions of all Union-related documents

including, but not limited to: Promulgated Agreements, Collective Bargaining Agreements, Bylaws;

and

WHEREAS, The GMMQ needs special resources to fulfill its unique obligations imposed by

Quebec’s Status of the Artist Legislation in the interest of all musicians engaged in the province of

Quebec; and

WHEREAS, The GMMQ must establish a new model of its relationship with the AFM that will

permit the GMMQ to fulfill its legal obligations in its role as an affiliated organization; therefore be it

RESOLVED, that Article 4, Section 11(a) be amended, as follows: 1

Other organizations may affiliate with the AFM, as provided in Sections 11(b) and (c), below. 2

They shall have their own autonomy as separate organizations and maintain their own Constitution 3

and Bylaws, which shall not contradict AFM principles or objectives. They shall receive AFM 4

support in all matters not contrary to AFM interests. Except for the associations described in Section 5


–46–

11(b), [(] [A]affiliate status shall not apply to organizations made up of instrumental musicians, 6

arrangers, orchestrators, copyists or librarians, by virtue of their eligibility for full membership in the 7

AFM. [)] 8

BE IT FURTHER RESOLVED, That a new section 11 (b) replace the current Article 4, Section 9

11(b), as follows: 10

NEW SECTION 11(b). An association of musicians recognized on its territory as the exclusive 11

bargaining agent for its members by a public law or public order statute may obtain an affiliate status 12

with the AFM as described in Section 11(a). 13

BE IT FURTHER RESOLVED, That current Article 4, Section 11(b) be re-numbered Section 14

11(c) and amended, as follows: 15

11(c). The affiliation fee for organizations as described in Section 11(a), above, shall be $50 and 16

the AFM dues of these organizations shall be in an amount to be determined by the IEB. The 17

affiliation fee for organizations as described in Section 11(b) shall be agreed upon by both the AFM 18

and the affiliated organization. 19

Eric Lefebvre, Local 406


–47–


WHEREAS, In 2012 the states of Indiana and Michigan passed so called "Right to Work"

legislation; and

WHEREAS, This attack on organized labor is a nation-wide blight; and

WHEREAS, There are now 24 so called "Right to Work" (for less) states in the United States;

and

WHEREAS, Article 9, Section 5(b) of the AFM Bylaws reads in part: “No Local shall consider

an application unless it is made on the official application blanks prescribed or approved by the

AFM, which shall contain an Authorization for Checkoff of Work Dues in a form that shall be

prescribed by the IEB. Failure to comply shall render the Local liable to a penalty, at the IEB’s

discretion. No Local shall accept an application for membership from an alien if the immigration

laws prohibit the applicant from accepting employment”; and

WHEREAS, Legal council has advised Local 3, that the language on the AFM application blanks

needs to be changed because of the passage of this legislation; and

WHEREAS, Work dues constitute a very important source of revenue to both Locals and the

Federation; and

WHEREAS, It is essential that this source of income be protected from frivolous lawsuits;

therefore, be it

RESOLVED, that Article 9, Section 5(b) of AFM Bylaws be amended, as follows: 1

No Local shall consider an application unless it is made on the official application blanks 2

prescribed or approved by the AFM, which shall contain an Authorization for Checkoff of Work 3

Dues in a form that shall be prescribed by the IEB. The Checkoff of Work Dues shall be specific to 4

AFM Locals in non “Right to Work” states or in AFM Locals in “Right to Work” states and shall 5

meet the legal requirements for dues checkoff in those states. Failure to comply shall render the 6


–48–

Local liable to a penalty, at the IEB’s discretion. No Local shall accept an application for 7

membership from an alien if the immigration laws prohibit the applicant from accepting 8

employment. 9

BE IT FURTHER RESOLVED, That the IEB be instructed to draft an official application blank 10

specifically to be used by AFM Locals in “Right to Work” states that meets the legal requirements 11

for dues checkoff in those states. 12

(The following is recommended language from Counselors Mel Schwarzwald and William 13

Groth). 14

[Work Dues] Check-Off Authorization (U.S.) 15

I hereby voluntarily authorize and direct any party who engages my musical services to deduct 16

from my compensation for those services [the] all uniformly required dues or fees based on earnings, 17

including work dues and/or agency or service fees, as set forth in the Bylaws of the American 18

Federation of Musicians of the United States and Canada (Federation Work Dues) and/or the dues or 19

fees based on earnings including work dues and/or agency fees, as set forth in the Constitution and/or 20

Bylaws of the Local Union hereof having jurisdiction over these services (Local Union Work Dues) 21

and any other deductions uniformly required. I further authorize, and direct, each such party who 22

engages my musical services to remit promptly all [Work Dues thus deducted] such deductions to the 23

Federation or the appropriate Local Union thereof in accordance with the applicable regulations, and 24

at the times specified in those regulations. [Where the payment of either dues or agency or service 25

fees is lawfully required as a condition of employment, s]Said deductions shall be made irrespective 26

of my membership in the Federation and/or the Local Union thereof. This authorization shall be 27

irrevocable for a period of one (1) year from the date hereof or, with respect to any employer having 28

a collective bargaining agreement, until the termination date of the current collective bargaining 29

agreement, whichever occurs sooner. This authorization shall automatically renew itself and be 30

irrevocable for successive annual periods unless I give written notice to the Federation and those 31

Local Unions of which I am a member within the fifteen (15) day period following the expiration of 32

any such annual period or, with respect to any employer having a collective bargaining agreement, 33


–49–

within the fifteen (15) day period following the termination date of any such collective bargaining 34

agreement. 35

Signature __________________________________Date_________________ 36

Note: Dues, contributions or gifts to the American Federation of Musicians are not tax deductible 37

as charitable contributions. However, they may be tax deductible as ordinary and necessary business 38

expenses. 39

Michael Lucas, Local 3 Martin Hodapp, Local 3


–50–


WHEREAS, the AFM has been in operation since 1896, over 116 years, and can conceivably be

in operation for another 116 years; and

WHEREAS, had the AFM, in 1896 started a dedicated revenue for assisting cash strapped locals

to attend conferences and conventions and to fund member benefit programs supported by a $1.00

per year per member assessment; and

WHEREAS, if the annual monies assessed had been placed in a principal account from which

only 20% of the annual member contributions and 50% of the annual interest from that account

could be withdrawn for use in any one year; and

WHEREAS, with the fund growing in some past years by as much as $250,000.00 per year,

coupled with the miracle of compound interest, that a fund such as this could now conceivably be

worth well over 1 billion dollars; and

WHEREAS, a fund such as this, started now, would currently grow by approximately $68,000.00

per year, not counting increasing interest contributions from future years; and

WHEREAS, the financial inability of some of the small locals to attend conferences and

conventions is fundamentally detrimental to the growth, participation and health of our Union; and

WHEREAS, increasingly more substantial and tangible member benefits are instrumental not

only to recruitment but retention of members; and

WHEREAS, 1.00 per year per member (the price of 1/4 cup of the Starbucks coffee you bought at

the airport when you were coming here) is an incredibly small contribution to ask our members to

make; and

WHEREAS, the direct benefit to our Locals and members could be very beneficial in the short

term and incredibly beneficial to our Union in the long term; therefore, be it


–51–

RESOLVED, that the AFM establish a mandatory $1.00 per year per member assessment to fund 1

a dedicated revenue for assisting cash strapped locals to attend conferences and conventions and to 2

fund member benefit programs. 3

John Howe, Local 116


–52–



Any Local that has the headquarters of a local chapter of any Player Conference with official 2

AFM status within its jurisdiction shall, at no additional expense to the members involved other 3

than their regularly imposed Initiation Fees, periodic dues, and Work Dues pay the reasonable and 4

necessary expenses of sending one Delegate from each such local chapter to the annual meeting of 5

the national or international conference with which the chapter is affiliated. Upon providing 6

evidence, any Local needing relief from the foregoing due to financial considerations, shall be 7

excused from compliance, in which case the Federation or respective Player Conference may assume 8

the responsibility, should either so choose. 9

Bill Klinger, Local 369


–53–


WHEREAS, The AFM is seeking ways to increase communication with and between Locals

while reducing expenses; and

WHEREAS, There are several Local Conferences, some occurring at the same time, that require

AFM officers to travel to various places repeating the same message; and

WHEREAS, Conference attendance seems to be consistent for those Locals that attend, but

Conference attendance seems to be dropping for all but the largest conferences; and

WHEREAS, The Conference structure in place is a remnant of a time when there were more

members and Locals, and the music markets were more regionalized, requiring a statewide or small

region approach to problems, while today’s market is more nationally homogenous, requiring a less

regional approach to problems. Additionally, less membership density requires us to approach

organizing in a more broad view. The current Conference structure works against our being able to

respond to the realities of a vastly different market environment from the market in which it was

created; and

WHEREAS, Technology has advanced to the point where it is tempting to reduce travel expenses

while communicating through the wires to defray expense, destroying the interpersonal, face to face

aspect so essential to success in the entertainment business; therefore, be it

RESOLVED, The AFM President will convene a Local Conference Review Committee, which 1

will include selected Local Conferences Officers and International Representatives, to review the 2

Local Conference structure, Conference jurisdictions and Conference activity. This Committee will 3

begin its work no later than October, 2013 and will meet as is feasible, using both in-person and 4

electronic communication methods, with the goal to restructure the Conferences to coincide with the 5

geographic jurisdictions of the IR’s (giving consideration for the number of Locals/members in a 6

given Conference), reducing the number of Conferences to the number of IR’s and holding those 7

Conferences in a generally central geographic location inside the new Conference territory to reduce 8


–54–

travel for everyone while providing increased efficiency for AFM officers and IEB members’ travel 9

as well as increased communication between a larger number of Locals at each Conference. The plan 10

would basically set up four mini-Conventions per non-Convention year. This Committee will 11

prepare a preliminary report for the IEB in January 2014; and a final detailed report will be presented 12

to the IEB in April 2014. 13

Joseph R Boettger, Local 542


–55–


WHEREAS, in Canada, Federal cultural institutions are governed by Status of the Artist

legislation which covers cultural institutions such as the Canadian Broadcasting Corporation and

National Film Board; and

WHEREAS, this determines who may represent artists who work under collective agreements for

Federal cultural institutions in all matters related to bargaining, ratification and administration of such

agreements; therefore, be it

RESOLVED, that Article 5, Section 33(a) of AFM Bylaws be amended as follows: 1

Any CBA negotiated or renegotiated by the AFM or a Local or any negotiated extension of an 2

existing agreement for a period of more than six months beyond its expiration date shall be subject to 3

secret ballot ratification by the eligible members who have worked under the previous agreement. A 4

majority of those eligible members who cast ballots shall be sufficient to ratify the agreement. The 5

eligibility requirements and ratification voting procedure shall in each case be determined by the 6

IEB[, or the Local’s Executive Board, as the case may be]. In the case of all National media 7

agreements applicable only in Canada, the Vice President from Canada in consultation with the 8

Canadian Conference Executive Board or with a committee pursuant to Article 3, Section 6(c) shall 9

make that determination. In the case of a Local CBA, that Local’s Executive Board shall make that 10

determination. 11

In the event that a list of eligible members cannot be reasonably established, this requirement shall 12

not apply, and the IEB [or the Local’s Executive Board, as the case may be,] shall be empowered to 13

ratify the agreement. In the case of National media agreements applicable in Canada, the Vice 14

President from Canada in consultation with the Canadian Conference Executive Board or with a 15

committee pursuant to Article 3, Section 6(c) shall be empowered to ratify the agreement. In the case 16

of a Local CBA, that Local’s Executive Board shall be empowered to ratify the agreement. 17

OCSM

Recommendations Resolutions - Login Book.pdf[1.75]2% [1.50]1.75% All other employment under Federation -negotiated Electronic Media Agreements [1.50]1.75% [1.25]1.50% 37 BE IT FURTHER

Documents