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Colorado Springs Phil Placed on AFM Int'l Unfair List



 
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alexwill
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PostPosted: Fri Mar 12, 2021 9:56 am    Post subject: Colorado Springs Phil Placed on AFM Int'l Unfair List Reply with quote

Unlawful Cancellation of CBA Lands Colorado Springs Philharmonic Management on AFM International Unfair List
March 12, 2021 -- At the request of the Musicians of the Colorado Springs Philharmonic, the American Federation of Musicians (AFM) has placed the Colorado Springs Philharmonic on the union’s International Unfair List as of March 8, 2021. The purpose of the Unfair List is to hold orchestras’ management accountable for unfair labor practices.
The Philharmonic’s management is currently in arbitration with the musicians, represented by Pike’s Peak Musicians’ Association, AFM Local 154, regarding management’s refusal to continue negotiations over the 2020-21 season and subsequent cancellation of the 5-year Collective Bargaining Agreement (CBA). This contract was the result of many year’s efforts of negotiations and was agreed to by all parties in April 2020. The musicians have been unable to work since this unlawful cancellation of the CBA in September of 2020.
Placing the organization on the Unfair List protects the Philharmonic’s musicians. Being on the List means that the Colorado Springs Philharmonic cannot hire any union musicians to play rehearsals or concerts, which severely limits the number and quality of musicians available. The musicians’ hope is to convince the Philharmonic management to return to the hard-earned contract so the musicians can get back to work, as they have repeatedly demonstrated they are eager to do.
The AFM also filed an unfair labor practice charge against the Colorado Springs Philharmonic with Region 27 of the National Labor Relations Board (NLRB). The charge alleges management unlawfully abrogated the CBA when it canceled the contract, failed to provide information that was necessary and relevant for bargaining, and made further bargaining conditional on the withdrawal of grievances filed by the musicians. The charge is currently being investigated by Region 27, which will decide whether to issue a formal complaint. The Philharmonic musicians hope this process leads to the restoration of the 2019-24 CBA and a mutually satisfactory agreement for the musicians to return to work for the remainder of the 2020-21 season.
Orchestras worldwide have managed to find ways to keep performing during the pandemic without using COVID-19 as an excuse to pull the financial rug out from their musicians or implement unnecessary restructuring. Further, the musicians of the Colorado Springs Philharmonic have repeatedly expressed and demonstrated their desire to support their community with performances while adjusting to accommodate pandemic restrictions and come to an agreement with management that recognizes the hard realities of the pandemic economy.
The Colorado Springs Philharmonic will be removed from the International Unfair List if and when management returns to negotiations with the musicians and reaches an agreement. The musicians have every hope that the Philharmonic’s managers will be reasonable so that its musicians can return to the stage as soon as possible.
Nathan Kahn, Negotiator
American Federation of Musicians-Symphonic Services Division
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HERMOKIWI
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PostPosted: Fri Mar 12, 2021 10:27 am    Post subject: Reply with quote

What is the condition of cash reserves and sources of funds to pay the musicians?
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Don Herman rev2
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PostPosted: Fri Mar 12, 2021 1:08 pm    Post subject: Reply with quote

Well, that sucks... I need to ping the folk I know, lost track of their status after the last negotiations failed, plus I've been busy. Brings back bad memories of the last time there was a big disconnect with management and subsequent bankruptcy and reorganization.
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OldSchoolEuph
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PostPosted: Fri Mar 12, 2021 1:54 pm    Post subject: Reply with quote

I don't understand how taking actions to financially cripple an organization that is already broke, helps those who's jobs are on the line. Actually, I am sure it doesn't - other than any individuals who may gain notoriety thereby.

Is this headed to litigation? What chance is there of finding a sympathetic jury when almost everyone either has been, or know others who were, effected by the massive job losses of this pandemic. The cultural perception of classical music as an indulgence of the rich, leaves little sympathy even when the grievance is indisputable. (yeah, I know, sports stars who can barely read & write make 60 times what great musicians do. But they enjoy being seen as "the common man" and "working class". It sucks, but there is no empathy in this culture for classical musicians)

This has every indication of going very bad.

First, and you can debate the necessity of complete cancellation I suppose, but there is perhaps an argument that legal restrictions would have made attendance numbers shrink drastically - and the no-refunds policy would have had to be amended if cancelling some tickets and not others. I don't know if the orchestra had enough funds to cover that uncommitted - since it appears they paid the employees without any revenue coming in until the money ran out. So they cancelled all of them, offering some exchange options or a tax deduction as a donation.

That experience of losing investment in tickets has probably poisoned the well with concert goers for a while, so revenue generation after things return to "normal" is logically going to be a challenge. Can reduced revenue projections align with contractual obligation? I don't know, but its a fair question no one seems to be speaking to.

The union's action outlined in the OP appears to be a hard line of a contract is a contract - a fair counterpoint.

But is the manner in which they are acting on it, the best chance the working membership have of seeing some income at the earliest possible date?

I don't think so. By blocking any chance of this group restarting when restrictions are lifted, the union now is effectively locking out its own members. If I were paying dues only to have the leadership take my job away, I would feel less than served by my union (and be wondering if "my" is really a fair descriptor).

Aggressive posturing and conflict may be what normally gets a union leader re-elected, but that is because such behavior is meant to, and generally does, result in a benefit to the membership. In this case, the membership will initially lose whatever income first resumed performances might have garnered, and, if as seems quite possible looking at the condition of this orchestra, that results in its dissolution, they will lose their jobs permanently.

Unions exist to protect their membership. I think we all have seen many instances of unions doing precisely that. The role of the union as balance to the ability of an unchecked employer to abuse, has been fundamental to the growth and decades of prosperity in the United States and much of the world. However, in this case, ancient rhetoric aside, I don't see much action on the part of this union to actually act in the best interests of a membership that have been without paychecks for a painfully long time.
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LaTrompeta
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PostPosted: Mon Mar 15, 2021 11:57 am    Post subject: Reply with quote

It's like those involved have forgotten what started just 1 year ago!
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Athos
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PostPosted: Wed Mar 17, 2021 4:59 pm    Post subject: Reply with quote

Mr. Berndt, are you aware of something regarding the Colorado Springs Philharmonic that the rest of us might not be? The orchestra did sign a new contract during the pandemic, and the musicians have been willing to negotiate temporary terms to alleviate the organizations distress. This would not be the first time the Philharmonic has played hardball with its musicians.
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HERMOKIWI
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PostPosted: Wed Mar 17, 2021 5:24 pm    Post subject: Reply with quote

Athos wrote:
Mr. Berndt, are you aware of something regarding the Colorado Springs Philharmonic that the rest of us might not be? The orchestra did sign a new contract during the pandemic, and the musicians have been willing to negotiate temporary terms to alleviate the organizations distress. This would not be the first time the Philharmonic has played hardball with its musicians.


OK, let's try again: What is the condition of cash reserves and sources of funds to pay the musicians?

I'm in agreement that a contract is a contract. However, most contracts of this nature contain a force majeure clause. Does this one contain such a clause? It seems to me that the reasonableness or unreasonableness of the Philharmonic's position is at least somewhat dependent on the answer to that question as well as on the answer to my question about cash reserves and sources of funds. We need more facts to fully understand everything pertinent to the situation.
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Athos
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PostPosted: Wed Mar 17, 2021 6:55 pm    Post subject: Reply with quote

It is an odd decision to terminate a contract signed recently with knowledge of the pandemic. If the organization was in tenuous circumstances, why did they sign it, given the situation even as it stood in April? If force majeure was not invoked then, why now, when things are looking more favorable? And if the musicians are willing to negotiate, why invoke force majeure at all?
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OldSchoolEuph
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PostPosted: Thu Mar 18, 2021 12:32 am    Post subject: Reply with quote

Let's hope I am wrong.

The CARES act was signed March 27th 2020 by a President who had almost concurrently promised that the virus would just "go away". Most businesses assumed an on-going level of Federal support through a crisis the White House said would be in the rear-view by Easter. While Easter was too close to be taken that seriously, no one in the United States expected that covid rates in the United States would be an order of magnitude greater the following Easter - which the trend line suggests will be the case. A massive number of businesses that in April expected Federal aid to carry them through, are now out of business, and 30 million people who then thought they would have income from employment, right now, today, don't.

Layer the dominant socio-cultural perception of the arts in general, classical music, and musicians on top of the economic realities, and you get a dynamic that is not favorable to any, even conservative, revenue projection made by any arts-based cultural institution a year ago.

Even the average mugger knows that holding a gun on someone does no good if they have no money in their wallet. The wise criminal knows to appear benign, create a sense of familiarity while watching for signs of increased means - and then strike. (pun intended)
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Don Herman rev2
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PostPosted: Thu Mar 18, 2021 4:33 pm    Post subject: Reply with quote

HERMOKIWI wrote:
Athos wrote:
Mr. Berndt, are you aware of something regarding the Colorado Springs Philharmonic that the rest of us might not be? The orchestra did sign a new contract during the pandemic, and the musicians have been willing to negotiate temporary terms to alleviate the organizations distress. This would not be the first time the Philharmonic has played hardball with its musicians.


OK, let's try again: What is the condition of cash reserves and sources of funds to pay the musicians?

I'm in agreement that a contract is a contract. However, most contracts of this nature contain a force majeure clause. Does this one contain such a clause? It seems to me that the reasonableness or unreasonableness of the Philharmonic's position is at least somewhat dependent on the answer to that question as well as on the answer to my question about cash reserves and sources of funds. We need more facts to fully understand everything pertinent to the situation.


Management used the pandemic to invoke force majeure.
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HERMOKIWI
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PostPosted: Thu Mar 18, 2021 6:38 pm    Post subject: Reply with quote

Don Herman rev2 wrote:
Management used the pandemic to invoke force majeure.


That may or may not be an effective defense. It depends on the language in the contract. Force majeure is interpreted narrowly. The burden will be on the Philharmonic.

Here's a good article on the subject:

https://www.natlawreview.com/article/revisiting-force-majeure-and-other-contractual-considerations-amid-covid-19
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Don Herman rev2
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PostPosted: Fri Mar 19, 2021 10:56 am    Post subject: Reply with quote

Thanks. I'm not really comfortable commenting; I know a number of players but virtually none of the management. My limited understanding is that management's final offer, while appearing generous in the short term, included some long-term drawbacks the musicians were not willing to accept.

I knew a lot more about both sides' issues the last time this happened, but am not myself playing lately, and have not spoken with any of the musicians for months. I know much less about the issues this time around. I let my AFM membership lapse decades ago (and it was not in Colorado Springs).
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