Here's an update on the WCO Negotiations/Non-Negotiations.
-David Spies
Willson Tuba Quartet
AFM #166 Press Release - 2/27/09
Feb. 27, 2009 Contact: Todd Jelen
NEWS RELEASE Phone: 216-314-2000
WCO Management is Retaliating Against Musicians for Standing up for
Their Legal Rights
One step forward and ten steps back.
That seems to be the trajectory of the long negotiations between the
Wisconsin Chamber Orchestra and its musicians on Thursday after
management’s negotiators reneged on previously agreed-upon provisions
and submitted new proposals on mileage rates and guaranteed work that
are less than even the last contract.
The strikingly altered proposals made it necessary for the union to
take the new provisions back to the orchestra’s rank and file Thursday
night. “Since this new proposal could significantly affect musicians’
ability to survive, we felt it was necessary and prudent to consult
the musicians before responding,” said Todd Jelen, musicians’
negotiating committee member. “Although they accused us of being
unwilling to bargain, the negotiating committee can’t respond to such
drastic changes without consulting our members.”
Now, instead of 75 guaranteed services, the board’s new contract
proposal slashes those services, and the musicians’ guaranteed salary,
by 40 percent. Those guaranteed services could drop 60 percent if the
board gives the musicians only six months notice. Local 166 of the
American Federation of Musicians is planning to file amended charges
of retaliatory bargaining and bad-faith bargaining against the WCO’s
board.
Even on secondary issues, the board’s newest offer rankles the
musicians. Proposing to lower per-mile travel reimbursements from the
previously negotiated 20-cents-per-mile to only 11 cents-per-mile has
angered Naomi Bensdorf Frisch, a WCO musician who drives 150 miles to
Madison from Chicago. Not only does the proposal lower by almost
50% the agreed-upon rate, but the per-trip reimbursement for most
musicians would be lower than what was in the previous contract. “It’s
an insult to be offered a travel allowance that’s 80 percent below
what the IRS says is the standard mileage allowance,” Frisch said.
“Moreover, 11 cents a mile does not even come close to covering the
costs of gas, tolls, and wear and tear when commuting long distances.
The musicians can’t help but think this is management’s way of
punishing us. It’s as if the board doesn’t want an agreement.”
According to Jelen, the negotiations, which began over a year ago,
have been a “shell game” of submitted and withdrawn proposals by
management. As recently as the end of January, the sides were close to
an agreement and only had two minor issues remaining. When the
musicians and management were unable to reach a compromise on those
two issues, management responded by taking the entire contract off the
table and threatening regressive proposals and an additional number of
unspecified changes. Finally, management asked that musicians provide
“unqualified assurances” for the February masterworks concert. When
the musicians were unwilling to provide these assurances without
knowing what management planned to offer, WCO management cancelled the
Feb. 27 concert.
The moving finishing line of the negotiations perplexes members of the
negotiating committee too, particularly since WCO management has
insisted they are not experiencing any financial difficulties and
therefore don’t have to provide financial statements to the Union.
According to Jelen, they cite other arts organizations’ recent
cutbacks as the reason for asking for concessions from musicians. “In
this economic climate, if the WCO is truly not experiencing financial
difficulties, they should be doing all they can to preserve as many
performances as they can for the Madison community. If WCO’s finances
are not a factor, why is the WCO in effect denying live music to the
Madison Ballet and Nutcracker patrons? If the changes aren’t
financial, the only conclusion left is that the board is simply trying
to punish the musicians for not agreeing to their earlier
stipulations.”
According to legal counsel for the American Federation of Musicians,
these tactics constitute retaliation in bargaining. In this case, the
union asserts the WCO’s management, by taking away previously
negotiated contract terms, is punishing workers for asserting their
legal rights. The management’s action requiring the musicians to
guarantee services before a binding contract has been signed also
strips the union’s legal right to strike as a counterbalance to the
employer’s power. The union anticipates further National Labor
Relations Board charges alleging the orchestra’s management engaged in
other unfair bargaining practices. These charges will be filed with
the National Labor Relations Board in Milwaukee next week.
--
Elizabeth Marshall
Secretary/Treasurer
AFM Local 166
1005 Quinn Drive
Suite 159
Waunakee, WI 53597-2502
http://www.afm166.org/" target="_blank