Archive for the ‘Committee Newsletters’ Category

BRIAN O’CONNOR / WELL, WELL / MEMBER COMMENT / EVENTS

Saturday, March 5th, 2016

I. BRIAN O’CONNOR PASSES
II. WELL WELL…. NOW WHAT?
III. MEMBER COMMENT
IV. EVENTS

…Absolutely guaranteed anonymity – Former Musician’s Union officer

…The one voice of reason in a sea of insanity – Nashville ‘first call’

scoring musician

…Allows us to speak our minds without fear of reprisal – L.A. Symphonic musician

…Reporting issues the Musicians Union doesn’t dare to mention – National touring musician

================================

I. BRIAN O’CONNOR PASSES

After a long battle with cancer, Hornist and Educator
Brian O’Connor passed away a few days ago.

He was an excellent musician, excellent teacher and
extraordinary person.

For over 30 years, he recorded in Los Angeles as a first call
French Horn player for over 2,400 movies, hundreds of TV
series and shows, thousands of records and jingles and many
Live TV shows including the original Carol Burnett Show
and 20 Oscar performances. He Principal Horn on over 800
movies.

From 1998 until 2009, Brian taught Horn at UCLA and a
number of his former students are now working in high
profile professional Horn jobs including the LA Studios,
Symphony and Opera Orchestras and Military Bands.

His battle with cancer and the surgery he underwent
was documented in a film some years ago.

He will be missed.

THE COMMITTEE

================================

II. WELL WELL…. NOW WHAT?

Well placed member comment….

Yesterday, (March 2, 2016) at approximately 11:30 AM,
the staff at Local 47 was called together in the main
office and told by President Acosta that “The Burbank
property is unavailable” and he would them keep them
informed.

Should anyone be surprised?

================================

III. MEMBER COMMENT

Really, how great is this…? There’s an orchestra that does not
have to be paid …and they’re working!!!

Two things…
1) obviously there are many very excellent and qualified
unemployed musicians…

2) willing to work for free…?

Talk about…”race to the bottom”…and there are Local 47
Executive Board members listed on their roster!!

This is just another way to “clear the decks”…when all the
locally supported community orchestras are put out of business…
here comes the new community service model.

Young inexperienced musicians will be told that playing
for free with Kaleidoscope will be a viable resume credit.

Just a visceral response to seeing this.

[EC: We’ve spoken to a number of folks who’ve been
asked to play upwards of 6 services for free per concert
(no paid services). A number of those in the group are
well placed, even some working to be on the “inside” at
Local 47.

Adding insult to injury they of course charge the public to
hear them.

The union wants to bust any non-union session or gig
they find, unless there are well politically placed members
playing for free, in which case Acosta et al do nothing.
The word dunsel comes to mind.

So then…. if all these well placed people can donate their
time for nothing, when you’re asked about something
you’re doing you can say the same. “I’m donating my time
to a friend… back off!” This should be the new mantra.

Until the Local enforces the rules equally to all members,
they should enforce nothing. Will that happen? Of course
not, they’ve got their ship coming in… and the elites to
answer to…. except they’ve (and we’ve) got no ship to go
to…. see below. We knew there should be a requirement
in the referendum that they actually buy a building with
the proceeds.]

(more…)

WHERE O WHERE / MUSIC PREP / EVENTS

Saturday, February 27th, 2016

I. WHERE O WHERE DID THE….
II. MUSIC PREP – PART II – WEDNESDAY NIGHT!
III. EVENTS

…Absolutely guaranteed anonymity – Former Musician’s Union officer
…The one voice of reason in a sea of insanity – Nashville ‘first call’
scoring musician
…Allows us to speak our minds without fear of reprisal – L.A. Symphonic musician
…Reporting issues the Musicians Union doesn’t dare to mention – National touring musician

=================================

I. WHERE O WHERE DID THE….

According to federal law, the local must keep the ballots from
the referendum for 4 years (According to our legal person).

However, though the Local told the membership that they
had 1000-2000 extra ballots printed, those ballots have
not been accounted for.

The number of ballots used for re-sends and re-votes
doesn’t come anywhere near close to the number printed,
and they have not been cataloged with the bulk of the
used ballots.

So where are they? Who has them?

=================================

II. MUSIC PREP – PART II – WEDNESDAY NIGHT!
Free for Local 47/ASMAC members.

The Art of Music Preparation
7:00p.m.- 10:00 p.m. Wednesday March 2, 2016
Free Event for members of Local 47 and ASMAC, $10 for guests
AFM Local 47 817 Vine St. Hollywood CA 90038

The American Society of Music Arrangers and Composers
(ASMAC) is proud to present

“First Wednesdays”, a new monthly tradition now hosted by
Local 47 for it’s members. On the first Wednesday evening
of each month, ASMAC will produce a new event featuring
various topics of interest for music arrangers and composers
starting March 2nd with The Art of Music Preparation(pt2)

The Art of Music Preparation (pt.2) will feature Ross deRoche,
Liz Finch, Kim Richmond, Jim Ciancaglini. Join us for a special
and informative event with a panel of expert music copyists
who will discuss how to make the most out of a musician’s
performance by providing the best possible manuscript.

Thoughtful music preparation saves time and money at
recording sessions and rehearsals. Topics will include
important tips for orchestration, notation rules, computer
notation, part layout, binding, preparing midi for orchestration,
proofreading, various careers in music preparation, budgets,
and much more. Refine your skills as an orchestrator, composer
and music copyist by attending this once in a lifetime event.
We will have a Q&A between attendees and panelists.
Technical questions about Finale and Sibelius will be included.

OUR PANELISTS

Ross deRoche – Guardians of the Galaxy, Birdman, White House
Down, Mr. & Mrs. Smith,“300”, “2012”, Watchmen, End of the
World, The Day After Tomorrow, The Revenant, Unfinished
Business, Healer, The 33, Call of Duty-Black Ops II & III; 1996,
2002 Olympics.

Liz Finch who holds a MA degree in theory and composition,
has worked as a copyist for many years in both recording and
live performance, in the studio music libraries and independent
music preparation offices, as well as independently for many
high -profile arrangers and composers. She was sometimes
known as “the girl” at a time when there were very few women
in the profession. With the move to more digital music production,
she has also served as an orchestrator for many films with composers
such as Hans Zimmer, John Powell, and Steve Jablonsky

Kim Richmond (host) ASMAC President, Composer, Studio
Musician, Emmy nominated arranger. Orchestration for Knight
Rider, Arranger for Lalo Schifrin, Buddy Rich, Kim Richmond
Jazz Orchestra. Orchestra member: Stan Kenton, Louis Bellson,
Bob Florence, Bill Holman, and Vinny Golia. Educator: USC,
UC Fullerton, Cal Arts.

Jim Ciancaglini, Valle Music Reproduction
Disney, The Tonight Show, Universal-MCA, 20th Century Fox,
Warner Brothers, Los Angeles Philharmonic, Los Angeles Chamber
Orchestra, Los Angeles Master Chorale, The Boston, Cleveland, and
Cincinnati Symphonies, Aaron Spelling Production, John Addison,
Lalo Schifrin, John Cacavas, The James Guthrie Music Library.

================================

III. EVENTS

DEAN AND RICHARD

DEAN AND RICHARD are now playing every third Friday
at Culver City Elks 7:30pm-10;30pm,
11160 Washington Pl.
Culver City, 90232
310-839-8891

————————————-

LA WINDS JAZZ KATS 584

NO COVER, NO MINIMUM.
Every 2nd and 4th Tuesday of the month at Viva Cantina
7:30-10:00.
900 Riverside Drive, Burbank.

Free parking across the street at Pickwick Bowl.
Come hear your favorite charts played the way they
should be.

We are in the back room called the Trailside Room.

Come on down. Guaranteed to swing.

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2/27/16

MICHAEL KIBBE PREMIERE

CONCERT ANNOUNCEMENT
The Humboldt State University Symphonic Band will
feature my latest work for band, the Poseidon Overture,
in concert at Fulkerson Recital Hall. The performance
will take place this coming Saturday, February 27th at 8:00.

This work was composed last year specifically for the HSU
Band. It is an energetic and tuneful “old-style” piece, with
lots of action for all sections of the band. Although
originally written for a smaller ensemble, the growth
of the band has necessitated addition of a few more
instruments.

Other works on the program are by Aaron Copland,
Percy Grainger, William Schuman and John Mackey.

The Jazz Orchestra completes the program, with
both new works and classics.
www.michaelkibbe.com

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2/28/16

SONG OF THE ANGELS FLUTE ORCHESTRA

Their Next concert, “Winter Dreams” is
Sunday, February 28th at 3:30pm at the Cornerstone Music Conservatory
12121 W. Pico Blvd., #205, Los Angeles, CA 90064

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2/28/16

BOYCOTT THE OSCARS OR JUST RECORD THEM.
YOU’LL BE HOME IN TIME TO MISS ALL THE COMMERCIALS.  😉
 
PLEASE JOIN US IN A SPECIAL CONCERT
 
PEGGY DUQUESNEL – PIANO & VOCALS
TONY JONES – DRUMS & VOCALS
RON ESCHETE – GUITAR
LUTHER HUGHES – BASS
 
Advance Reservations and Tickets Recommended:
$20 http://www.alvasshowroom.com/calendar.php


Sunday, February 28, 2016 4pm to 6pm 
Alva’s Show Room:
1417 W 8th St, San Pedro, CA 90732


“S’Wonderful Gershwin” show
https://youtu.be/G3MnKlvC4j8  
features the talents of jazz pianist and vocalist Peggy
Duquesnel along with multi-talented jazz vocalist and
drummer Tony Jones. Duquesnel and Jones bring fresh
vocal and instrumental arrangements to the Gershwin
Song Book repertoire with a nod to the duet recordings
of “Ella Fitzgerald and Louis Armstrong sing Gershwin.”
 
Duquesnel has performed and recorded with such notables as
Alan Broadbent, Henry Mancini, Pat Boone, Dionne Warwick,
Jeff Lorber, Rick Braun and Jimmy Haslip. She has released
ten CDs as a featured artist and is also an accomplished
composer, songwriter and arranger.
 
Jones performs around the world as a singer and drummer in
various bands and styles and has performed with artists
including Joe Diorio, Charlie Haden, James Newton, The
Beach Boys, Bob Dylan and Stephen Bishop. Jones is a
master impersonator of Louis Armstrong’s vocal style and
Jones’ grandfather, renowned composer Leon Rene’,
composed Louis Armstrong’s theme song “When it’s Sleepytime
Down South.”
 
Duquesnel debuted her solo Gershwin show at Segerstrom
Center for the Arts in Orange County and then with her trio
at the Jazz at Kitano in New York City.
 
Facebook event page:
https://www.facebook.com/events/517692678412478/
 
Booking Contact:
www.JoySpringMusic.com
866-887-3449

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3/2/16

Free Admission Glendale Noon Concerts/
Jacqueline Suzuki & Susan Svrcek perform
RAUTAVAARA Lost Landscapes

FREE ADMISSION GLENDALE NOON CONCERTS
Every FIRST & THIRD WEDNESDAY at 12:10-12:40 pm
On Wednesday MARCH 2, 2016 at 12:10-12:40 pm:
Crescenta Ensemble: Einojuhani Rautavaara’s Lost Landscapes

CRESCENTA ENSEMBLE
Jacqueline Suzuki – violin
Susan Svrcek – piano
http://www.susansvrcekpianist.com/

Program:
P.I. TSCHAIKOWSKY Melodie, Op.42, No.3
EINOJUHANI RAUTAVAARA Lost Landscapes (2005)

RELAX DURING YOUR LUNCH HOUR WITH LIVE MUSIC

PLEASE NOTE:
The Glendale Noon Concerts series
now takes place in the Sanctuary at
GLENDALE CITY CHURCH
610 E. California Ave. (at Isabel St.)
Glendale, CA 91206-3701

INFO:
Please call Victoria Lucero (818-244-7241 office)
or email glendalecitychurch.org/
https://www.facebook.com/glendalecitychurch

****************************************************

UPCOMING CONCERTS in the same series:
(every FIRST & THIRD WEDNESDAY at 12:10-12:40 pm;
programs subject to change)

MARCH 16, 2015
HAROUT SENEKEREMIAN
PIANO RECITAL
Works by Faure, Rachmaninov & more
http://www.haroutsenekeremian.com/

APRIL 6, 2016
VIOLIN RECITAL
GINASTERA Pampeana No.1, Op.16 (1947)
BRAHMS Violin Sonata No.3 in D minor, Op.108
Jacqueline Suzuki – violin
Rosa LoGiudice – piano

APRIL 20, 2016
CRESCENTA ENSEMBLE
TSCHAIKOVSKY Meditation Op.42, No.1
GINASTERA Piano Sonata No.1, Op.22
Jacqueline Suzuki – violin
Susan Svrcek – piano

CONCERT UPDATES:
http://www.glendalenoonconcerts.blogspot.com/

MORE FREE CONCERTS:
At the Edendale Branch Library in ECHO PARK
http://www.edendaleupclose.blogspot.com/

>>>Saturday MARCH 12. 2016 at Noon-1pm
Baroque concert featuring works by
Handel, Monteverdi, Purcell & Scarlatti
BRIAN ASAWA – countertenor
DIANA TASH – mezzo-soprano
ARTHUR OMURA – harpsichord
ALEXA PILON – Baroque cello
http://www.brianasawa.com/
http://www.dianatash.com/
http://www.arthuromura.com/

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3/2/16

California Jazz Foundation’s Annual Gala

GIVE THE BAND A HAND
6 pm, Saturday April 2nd, 2016
Cocktail hour, silent auction, live auction, dinner

The LA Hotel Downtown
333 South Figueroa Street
Los Angeles, CA

NICA Honoree – John Clayton
Heritage Award – Ray Brown

The Nica is awarded to those individuals who
exemplify the legacy of the Baroness Pannonica
de Koenigswarter, know as “Nica”, an iconic figure
who forged a unique bond with the Jazz community
at a transformative time in American popular Culture.

MUSIC PERFORMANCES FEATURING
– Clayton-Hamilton Jazz Orchestra
– Gerald CLayton, Grace Kelly, Christoph Luty,
Graham Dechter, Adam Bravo
– California Institute of the Arts Cmbo

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3/2/15

ASMAC PRESENTS: FIRST WEDNESDAY’S

MUSIC PREP: PART II

Local 47 Auditorium
Wednesday, March 2nd 7:00 pm
817 Vine Street, Hollywood, CA

ASMAC continues the First Wednesday’s tradition with 
The Art Of Music Preparation Act II! Featuring a panel
of veteran copyists: Ross deRoche, David Giuli and
moderator Kim Richmond at the Musician’s Local 47
auditorium with lots more in depth discussion on the
art of music preparation.

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3/5/26

TONY JONES VOCAL PROJECT

PLEASE JOIN ME FOR A LOVELY DAY AT THE BEACH

Tony Jones comes to the famed Lighthouse Cafe
with a stellar band to perform his arrangements
of songs from his CD “My Song.”

Tony Jones – Vocal, Percussion •
Chuck Manning – Sax •
Andy Langham – Piano •
Gabe Davis – Bass •
Tina Raymond – Drums

Saturday, March 5, 2016
11:00 am to 3:00 pm
Lighthouse Cafe – 30 Pier Ave, Hermosa Beach, CA 90254
No cover charge
https://myspace.com/tonyjonesvocalproject

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3/5/16

The 11th Annual Lympho-Maniac 70s Party

Saturday, March 5 at 7 PM in CST
New Orleans Lakefront Airport.

Dust off your Afro Wig….After taking 3 year hiatus,
LYMPHO-MANIAC 2016 PARTY officially set for Saturday
March 5th 2016 @ recently renovated New Orleans
Lakefront Airport. This venue is kick-@ss & perfect
fit for our 70s theme party.

Our fundraising goal is $100,000 with all proceeds from
event going to grants for lower income families (less than
35k gross income) in Greater New Orleans area who have
someone that is currently undergoing cancer treatment
@ East Jefferson General Hospital – EJGH

FYI Don Trump Jr and Vanessa Trump Jr have agreed to
come down and (once again) be our celebrity judges for
2016 Lympho-Maniac Dance contest = Winner takes home
Disco Ball. Only question now is whether or not we will be
able to film 2016 Lympho Promo @ the White House???

New 2016 Lympho-Maniac website soon to follow….
may the funk be with you, Chad

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3/6/16

The 18th Annual West Coast Composer’s Forum Concert

It’s been 18 years ago since a group of like-minded
composers got the idea to all write for the same ensemble
and then put on a concert.

Since then we have produced a concert just about every
year, we have had dozens of composers participate, and
we have had some very interesting ensembles, one of
the more notable being: six saxophones (sopranino,
soprano, alto, tenor. baritone, bass)
and orchestral harp. CD’s are still available.

This year is the first concert where the composers will
also be the performers. it also happens that the
instrumentation is as strange
as ever. 

Alto sax & E.W.I. Electronic Wind Instrument (Joe Sorce)
Bassoon  (Charles Fernandez)
French Horn  (Steve Mahpar) 
Trombone & Poetry (John David Grab) 
Six String Electric Bass Guitar (Ross Wright) 
This concert in unique in other respects,
as we are participating in closing reception of a larger art project. 

AWOL
4937 Alhambra Ave
Los Angeles, CA 90032
 
“Being Ernest Shackleton | El Sereno (In Two Phases)”
Jim Ovelmen, Mehran Ayati, Mondo Bobadilla
Closing Reception
Sunday March 6th, 2016
3:30 pm 

Program:

-WEST COAST COMPOSERS’ FORUM 4:00 – 5:00 pm

-Caspar Sonnet + Eliot Eidelman 5:30 – 6:30 pm

-OHR + Guests (ROOFTOP PERFORMANCE): 7:00 – 8:00 p

West Coast Composers’ Forum 4:00 – 5:00 pm

West Coast Composers’ Forum includes award winning
composers who will present previously unpublished music
created for the closing exhibition, including “Endurance
in the Antarctic”. More about the composers and their music. 

JOE SORCE: Composer/Alto and EWI 
CHARLES FERNANDEZ: Composer/Bassoon 
STEVEN MAHPAR: Composer/French Horn 
JOHN DAVID GRAB: Composer/Trombone 
ROSS WRIGHT: Composer/Six String Electric Bass (Fretted and fretless)
CLIFFORD J. TASNER: Composer

*******************
Caspar Sonnet + Eliot Eidleman 5:30 – 6:30 pm

About Caspar Sonnet: 
https://casparsonnet.bandcamp.com/
http://casparsonnet.com/albums/

About Eliot Eidelman :
http://elioteidelmanmusic.com/ 

*******************
OHR 7:00 -8:00 pm

Ohr is a 5 piece experimental rock band from Los Angeles.
Formed by visual artists, Thomas Burkhardt,Brian Cooper,
Timmy Jordan, Jim Ovelmen, Jay Stuckey in 2015,
Ohr delivers a big sound of unbridled improvisation.

Ohr store: http://jimovelmen.com/music/OHR/TheOhrStore.htm 

*******************

About “Being Ernest Shackleton – El Sereno (In Two Phases)”
Please click here to read the Los Angeles Times Story 
 
About AWOL
Based in El Sereno, California, AWOL is dedicated
to artist projects, events, ideas, and irregular connections.
AWOL is located at 4937 Alhambra Avenue, Los Angeles CA 90032. 

www.awolimited.com
 
-###-
Contact:
Nicole Wang
626-675-5051 
[email protected]

 
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3/6/16

The CSUN Youth Orchestras Invites you to our spring concerts!
Our performances are at 2PM & 5PM.

Plaza del Sol Performance Center – CSUN
18111 Nordoff St. Northridge, California 91330

Here’s the lineup:

2PM Concert – Camerata Strings & Symphony Orchestra
Join us for the 25th year of the Camerata Strings under the direction
of Kimberly Blake-Kilgore!

Our Symphony Orchestra will feature works by Verdi, Saint Saens,
Schubert, and Holst

5PM Concert – Philharmonic, featuring soloist Yuri Lim performing
the first movement of the Bruch Violin Concerto in B Minor.

Other works:
Beethoven’s Symphony No. 5
Music From Romeo and Juliet by Prokofiev

Tickets are available at the USU Ticket office during their scheduled
business hours and also an hour before each performance
http://www.csun.edu/as/ticket-office

Ticket prices are $15/Adults $10/Students, Seniors and groups of
10 or more.

We hope to see you there!

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3/9/16

HOMENAJE
at Spaghettini in Seal Beach

We’re excited to bring our “Finding Hearts” concert to Spaghettini
jazz club in Seal Beach on Wednesday March 9th at 7pm!

Purchase tickets at http://spaghettini.tix.com/Event.aspx?EventCode=822185

We have new original material to share as well as old favorites of ours.
Keep up with our latest music and videos at:

www.homenajemusic.com

Homenaje is:

Genevieve Artadi – vocals
Will Brahm – guitar
James Yoshizawa – percussion
Jordan Richards -bass

We’ll see you March 9th!

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3/12/16

SANDFORD HINDERLIE and TOM VAN DER GELD
in concert

Saturday, March 12, 2016 – 7:30 pm

The Biever Guest Lecture and Montage Series presents
an evening of Jazz with internationally known and
composer Dr. Thomas van der Geld performing with
Sanford Hinderlie, Professor of Music.

Tom van der Geld is legendary for his solo work and
group recordings for the German label ECM/JAPO.

Sanford Hinderlie has performed throughout the world,
including concerts in the Far East, Russia, the Republic
of Georgia and Armonia, the Middle East, Europe and
the United States.

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3/12/16

MUSIC AT WESTWOOD – A LOS ANGELES TRADITION

 MARIA NEWMAN CONDUCTS a SPECIAL EVENT PERFORMANCE
George Frideric Handel’s “MESSIAH – PART II”

WESTWOOD MASTER CHOIR, SOLOISTS & CHAMBER ORCHESTRA

Sunday Late Afternoon
March 13, 2016 – 5:00 pm 
Westwood Presbyterian Church

Is the “Hallelujah Chorus” really the end of Handel’s “Messiah?”
Experience the Westwood Master Choir and Chamber Orchestra
in the breathtaking continuation of the story begun in a legendary birth.

“Messiah – Part II” is the next chapter in a masterful oratorio setting
depicting impending persecution and astonishing resurrection.

Be inspired. – Be uplifted. – Join us.  
  
Wine and Cheese Reception to Follow  

Westwood Presbyterian Church 
10822 Wilshire Boulevard
Los Angeles, CA 90024
(310) 474-4535

$20.00 General Admission
$10.00 Student with ID
Parking is Free
Tickets available at
Eventbrite
and at the door

Contact: [email protected]
(310) 474-4535 

FEATURING 
The Westwood Master Choir,
Westwood Chamber Orchestra  
Maria Newman, Conductor
 
Esteemed Vocal Soloists
Christina Borgioli, Soprano Soloist
Nandani Maria Sinha, Alto Soloist
Larry Duplechan, Tenor Soloist
Adam von Almen, Tenor Soloist
Paul Cummings, Baritone Soloist
Dimitri Smith, Baritone Soloist 

Reception Following the Concert
  
Concert Venue:
Westwood Presbyterian Church
10822 Wilshire Boulevard  
Los Angeles, California, 90024

This Special Event is Sponsored by
“Music at Westwood” 
Westwood Presbyterian Church
Los Angeles, California 
 
“Music at Westwood” Events are made  
possible by the generosity of your donations.  
 
[email protected]
(3 1 0)  4 7 4 – 4 5 3 5 
A Los Angeles Tradition 
is the City Partner of the
Malibu Friends of Music

Visit the Malibu Friends of Music
Website at 
www.malibufriendsofmusic.org

Or Call the Montgomery Arts House (MAHMA)
(310) 589-0295 

forward this email to friends, family and music lovers
click on “forward email” below

Malibu Friends of Music | 6307 Busch Drive | Malibu | CA | 90265

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3/19/16

WOMEN IN MUSIC CONFERENCE

Join us for a free* one-day conference on Women in Music!
Everyone welcome!

Choral Room (Music FA3-162)
Antelope Valley College Music Department
3041 West Avenue K, Lancaster, California 93536.

-9:30 am Registration:
Welcome from Dr. Berkeley Price, Chair, Performing Arts Department.

-10:00 am Dr. Jeannie Gayle Pool: “Babe Egan and Her
Hollywood Redheads: 1920s Vaudeville Jazz Band,”
with images and music.

Jeannie is an author, musicologist, composer, and filmmaker.

She is an officer for the American Society of Music Arrangers
and Composers and Vice President of the National Association
of Composers, U.S.A.

jaygaylemusic.com

-10:30 am Panel on “How to Manage Your Own Music
Publishing Company” with Dr. Deon Nielsen Price and
Adrienne Albert, et al; moderated by Marlene Hajdu.

Good, solid, practical advice about how to make your
music available to a wider audience. Marlene is a
composer and board member of the American Society
of Music Arrangers and Composers.

culvercrestpublications.com; adriennealbert.com

-11:30 am Carol Worthey: “Inspirational Words for
Composers.” Carol is a poet, composer, and painter
interested in the power of the arts in everyday life.

carolworthey.com

-12 noon Lunch: In a local restaurant, to be announced.

-2:00 pm Carolyn Yarnell: Presentation on her Symphony
No. 1. Carolyn is a composer, painter, and photographer
from Huntington Beach, CA.

carolynyarnell.com

-2:30 pm Workshop on Finale Music Notation with Bonnie
Janofsky, who will give us her “10 Favorite Finale Tips.”
Feel free to bring your laptops and your notational problems.
Bonnie is a composer, arranger, orchestrator, jazz drummer,
and Finale guru. A trustee of Local 47 of the Musicians Union,
Bonnie has plenty of good information to share.

-4:00 pm Recital of Music by Deon Nielsen Price,
Carol Worthey, Adrienne Albert, et al., by
saxophonist Chika Inoue and
pianist Mary Au.

Mary is on the faculty of California State University,
Dominguez Hills, and Chika is an upcoming saxophone star.

-5:00 pm Refreshments & Networking

-5:00 pm Symphonic Band Rehearsal

-7:00 pm Concert of Music by Alex Shapiro, Shelly Hanson,
Carolyn Bremer, Julie Giroux, Deon Nielsen Price, and others.

Conducted by Dr. Berkeley Price and Dr. Jermie Arnold,
Associate Director of Bands, California State University,
Long Beach. AVC Performing Arts Theatre.

*The conference is free; however, you are responsible to
pay for your own lunch and for your evening concert
ticket ($10).

Parking at Antelope Valley College for the day is $1.
Exit Avenue K from the 14 Freeway, and head West on
K to the college.

Park behind the Performing Arts Center. This event
is coordinated by Dr. Jeannie Gayle Pool, 818-606-5743,

[email protected].

This conference is presented in cooperation with the
Antelope Valley College Department of Music, the Los
Angeles Chapter of the National Association of
Composers, U.S.A. (NACUSA), and the American
Society of Music Arrangers and Composers (ASMAC).

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3/25/16

SESSIONS AT THE LOFT:
An Evening with Gary Stockdale

Come enjoy a fun night of irreverant, clever, and provocative
songs from the award-winning composer, Gary Stockdale.
**Warning – Some material may not be suitable for children
Friday, March 25, 7 till 9 PM
General Admission $20/ticket – Limited Seating –
Advance Tickets advised:
https://www.eventbrite.com/e/
an-evening-with-gary-stockdale-tickets-21438879265
Appetizers will be provided!
Bring your own beverage – wine is encouraged

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5/15/16

LACESMA 75TH ANNIVERSARY DIAMOND JUBILEE GALA

The Los Angeles City Elementary Schools Music Association,
LACESMA, is celebrating its 75th Anniversary of promoting
elementary music education in LAUSD with a Gala Event in
the Grand Ballroom of the Dorothy Chandler Pavilion at
the Los Angeles Music Center on Sunday May 15, 2016.

Banquet tickets are $60.00 each and can be purchased by
going to our website at lacesmamusiced.org or by mailing
a check made out to LACESMA to: LACESMA c/o Jeanne
Mitchell, P.O. Box 361 Topanga, CA 90290.

For questions, please email us at [email protected].
At the celebration there will performances by over 100 singers
of the LACESMA Children’s Honor Chorus, some of the 2016
LACESMA Instrumental Scholarship winners, as well as a p
erformance by a celebrity TBA.

We are proud to have Gail Eichenthal, Executive Producer of
KUSC, as the emcee of the Banquet. Please help support
elementary music education in LAUSD by attending this
Gala Celebration! Click here to see the first Promotional
Video Clip of the Gala.

================================

You can read all previous offerings at:http://www.responsible47.com
UNTIL NEXT TIME,
THE COMMITTEE FOR A MORE RESPONSIBLE LOCAL 47

 

================================

You can read all previous offerings at:
http://www.responsible47.com

UNTIL NEXT TIME,
THE COMMITTEE FOR A MORE RESPONSIBLE LOCAL 47

ELECTION BOARD / LOCAL COMMENTARY / EVENTS

Saturday, February 20th, 2016

I. ELECTION BOARD NEWS
II. COMMENTARY FROM ANOTHER LOCAL
III. EVENTS

…Absolutely guaranteed anonymity – Former Musician’s Union officer
…The one voice of reason in a sea of insanity – Nashville ‘first call’
scoring musician
…Allows us to speak our minds without fear of reprisal – L.A. Symphonic musician
…Reporting issues the Musicians Union doesn’t dare to mention – National touring musician

=================================

I. ELECTION BOARD NEWS – MEMBER SUBMISSION

Dear Editor, 

At last Tuesday’s Local 47’s Executive Board meeting,
President Acosta introduced a member of the Election
Board present to give his election report. Apparently,
to everyone’s surprise the member informed the Executive
Board that he was there to resign from the Election Board
and any comments he made were strictly speaking for himself.

Subsequently, he read his resignation letter citing several
problems not disclosed to the membership that could have
jeopardized the referendum if the numbers had been close.

The letter should be included in the minutes of the meeting.

Since there is nothing more for the current Election Board
to do and the next Election Board election is in April…
the member simply did not have to run again.

Why resign now?

=================================

II. COMMENTARY FROM ANOTHER LOCAL

This was written by the president of another Local.

While this is from December 2014, it is still valid today and
shows the damage the RMA’s policies have done Federation wide.

THE WAY FORWARD WITH NATIONAL MEDIA POLICY

The Colorado Symphony Orchestra is at odds with our national
union (AFM) over differences with electronic media policy. In
recent years the CSO [along with 70 other orchestras] was signed
to the AFM’s Integrated Media Agreement (IMA) which expired
in the Fall of 2013. The IMA is a national agreement that covers
electronic media work common to symphony orchestras such
as CDs, public radio and television, but doesn’t cover commercial
work such as commercial announcements, film, videogames, etc.
Over the past year the CSO offered to bargain a new agreement
with the AFM, but that effort seems to have failed. On broader
fronts a multi-employer bargaining group was formed to
represent the management side for a new national contract, but
one year later a new agreement remains in the offing.

Before proceeding I should point out that the DMA (Local 20-623,
AFM) is the bargaining representative for CSO musicians with respect
to most matters in their collective bargaining agreement, including
local media. However, the AFM is the recognized bargaining agent
for the Integrated Media Agreement and all national media work.
Certainly the DMA has a vested interest in seeing a satisfactory
resolution to any internal union conflict, but therein lies the question.

Our local membership first learned of this conflict at our March 31,
2014 General Membership Meeting when members of the CSO shared
concerns about the AFM’s intransigence over a marketing collaboration
between the CSO and the Colorado Rockies. This was a local collaboration
that had broad support of the musicians and a perfect example of creative
marketing that orchestras across the country should capitalize on.
Nonetheless, the AFM only fought management on this matter. They even
fought the musicians against their will, all the while claiming to represent
them.

Ultimately a resolution was passed at our membership meeting, expressing
unanimous support for the CSO on three points: 1) AFM’s unreasonable
delay in bargaining, 2) failure to consult the Orchestra Committee before
initiating grievances against the orchestra, and 3) CSO musicians’ exclusion
from contract and policy-making decisions that affect them.

These are conventional expectations for any democratic organization, but not
in the AFM. One reason is the AFM has grown accustomed to setting uniform
rates for 70 years. Surely the prospect of achieving genuine support for
uniform recording rates across North America would be preferable, but
establishing and enforcing such policy requires broad and inclusive
representation that frankly does not exist in our union. Yes, the
AFM is obligated to represent the interests of those who do the work,
but it’s equally important to represent the interests of those who
must otherwise turn the work down. That democratic model is a world
apart from where we are now and would be expected if the AFM is
to serve the needs of “the many.”

This is a key point of contention for the CSO because the Integrated
Media Agreement only covers “symphonic” work and does not cover
commercial work. Moreover, I see no visible trace of representation
between CSO musicians and those who presently establish terms and
conditions for work under these commercial agreements. That remains
the closely-guarded and protected turf of the Recording Musicians
Association (RMA) which is an AFM “Player Conference” that aggressively
represents a small fraction of the AFM membership who greatly influence
AFM recording policy. Despite their relatively small numbers, RMA has
long demonstrated its ability to elect or unseat AFM officers who fail to
follow their lead. That political will enables RMA to impose their agenda
on AFM members who don’t even know RMA exists, let alone what it
stands for. Consequently, RMA’s unchecked power comes at the
expense of “the many” and only serves the needs of “the few.”

On the one hand I can’t blame RMA for taking all they can from
a union that wrongly and feebly ceded so much power to them,
but I do blame other AFM player conferences (ICSOM and ROPA,
specifically) for failing to see what’s really going on here. These
representational failures have taken a heavy toll on our union, so
I applaud the CSO and AFM members across North America for
standing up to force necessary change. Fortunately their demands
for change are also being heard. In his column in the November,
2014 International Musician, AFM President Ray Hair points to “brush
fires in Montreal, Vancouver, Denver, Los Angeles, and Minneapolis-
St. Paul.” Fair representation, especially with respect to electronic
media, appears to be a common demand.

The only way to move beyond this old and deep-rooted conflict is
if our union commits to serve the ‘greater good’ and it appears
that President Hair draws this very conclusion in his November
column when he writes: “All previous AFM administrations faced
the same institutional pressures as we do to this day – the internal
struggle to balance the needs of the many, versus the needs of the
few, or the one. The rise of business unionism over the past 60
years, with its culture of divisiveness and hierarchical bargaining has
spawned a host of haves and have-nots in the workplace that serve
the interests of the employers. This has come with a terrible cost.”

President Hair’s hope to serve the greater good is a step in the right
direction, but actions speak louder than words. Whether or not the
AFM then commits to doing so will be determined by the success
or failure of organized protests and demands for change that are
taking place in Colorado and across the AFM.

The AFM’s willingness to go to the next step by confronting “business
unionism”, if true, is a very long time coming because AFM media policies
have been the standard-bearer of business unionism for 70 years.
Dictionary.com defines business unionism as “the trade-union philosophy
and activity that concentrates on the improvement of wages, hours, working
conditions, etc., rather than on the general reform of the capitalistic system”.
Sadly, that is an exacting description of the AFM’s flagship “Sound Recording
Labor Agreement (SRLA)” which defines AFM media policy. The predecessor
to the SRLA – the Phonograph Record Labor Agreement – was established
in 1944 with Decca, Capitol, RCA and Columbia. Those four producers were
arguably the only true players in the industry then, but today there are
thousands of legitimate record labels and independent producers while
only seven producers are actually signed to the SRLA document today.
Others may come and go, and typically sign for single projects when
they do.

Nonetheless, AFM members are led to believe that the 100-page SRLA
is an agreement with “the industry” which therefore applies to any and
all competing companies from coast to coast, no matter how small.
A “Favored Nations” clause exists to this day in the SRLA that obligates
the Federation to notify their signatory business partners if a more
favorable deal is cut to anyone else. That little clause is an extraordinary
deal for our capitalist business partners like Sony ($3 billion annual sales)
and Warner Brothers ($5 billion annual sales) and is quite possibly their
primary motivation to keep these “agreements” in place. When President
Hair publicly assails Lionsgate ($2.3 billion annual sales) for disregarding
AFM agreements, few are cheering him on more than the CEO’s of Sony
and Warner Brothers. Observe the Clash of the Titans – “the few” – who
already command the upper percentile and remain determined to rule
the world of media.

How does this affect the great majority of AFM members who work in
an economy where the great majority of employer/producers, i.e., “the
industry” may only be one-thousandth the size of Warner or Sony? Does
“the industry” benefit when the titans establish and set terms for small
independents?

Only time will tell if our elected AFM leadership will stand up to these
mega-corporations and reject old business union habits so our union
can truly serve the greater good. Early indications of change for the
better [or worse] will surely be found in President Hair’s reference
to “brush fires.” Will these members be welcomed and encouraged
for the healthy debate and necessary change they bring, or not?

================================

III. EVENTS

DEAN AND RICHARD

DEAN AND RICHARD are now playing every third Friday
at Culver City Elks 7:30pm-10;30pm,
11160 Washington Pl.
Culver City, 90232
310-839-8891

————————————-

LA WINDS JAZZ KATS 584

NO COVER, NO MINIMUM.
Every 2nd and 4th Tuesday of the month at Viva Cantina
7:30-10:00.
900 Riverside Drive, Burbank.

Free parking across the street at Pickwick Bowl.
Come hear your favorite charts played the way they
should be.

We are in the back room called the Trailside Room.

Come on down. Guaranteed to swing.

—————————————–

2/19,20,21/16

The EUROPEAN CONCERT TRIO
will present the premiere of Paul GIbson’s
“The Shepherd’s Lot”
in three February concerts.

Harriet Fraser (soprano),
Amanda Walker (clarinet)
Irina Bazik (piano)

Winners of the 2015 Beverly Hills National Auditions

The European Concert Trio was formed in 2015 by
three European-born, Los Angeles-based professional
artists, each having already established successful solo
careers, to fulfill their passion for chamber music and
share it with Southern California audiences.

 

Fri, FEB 19 – Encinitas – 7:30pm
The City of Encinitas presents
Music by the Sea concert series
Encinitas Library
540 Cornish Drive
Tickets: $13, plus fee. Purchase tickets in advance here.
 

Sat, FEB 20 – Torrance – 3pm
Classical Crossroads &
FirstServe Community Services present
The Interludes concert series
First Lutheran Church & School
2900 W. Carson Street
Tickets: FREE, donations appreciated. Information here.
 

Sun, FEB 21 – Beverly Hills – 2pm
Music in the Mansion concert series
Greystone Mansion
905 Loma Vista Dr.
Tickets: $20. Information here.

————————-

3/20/16

PETER ERSKINE

Legendary drummer Peter Erskine, reaching back
to his fusion and R&B playing with Weather Report,
unpacks a lost page of a song by Joe Zawinul, and
releases a 21st century nod to Weather Report.

Record Release Concert will be held Sunday,
March 20th, 2016 at the Moss Theatre,
Santa Monica, California.
 
“This is the album Weather Report might have
made were the band members all still on this
earth now,” says Erskine.  

Sunday March 20, 2016
 
3:00 pm
Conversations with the Artists on-stage interviews

4:00 pm Concert
 
Peter Erskine – drums
John Beasley – piano and keyboards
Zanek Gwizdala – bass
Bob Sheppard – sax
 
VENUE: MOSS Theatre: free parking, wheelchair accessible, all ages
3131 Olympic Blvd, Santa Monica, CA 90404
 
TICKETS: http://www.brownpapertickets.com/event/2489104

INFO: [email protected] – 818-632-4868

——————————————-

3/20/16
LISA HALEY AND THE ZYDECATS

SUNDAY 3.20.16 HOLLYWOOD, CALIFORNIA – 4PM
ASHGROVE AT THE IMPROV!
8162 Melrose Ave, Los Angeles, CA 90048
Please join us for this special evening with the “New Ashgrove Players” 
Continuing the legacy of the “Historical Ashgrove Theatre!”
“If” we do well this first time here, they will continue to have Cajun & Zydeco!!
Come on out Y’all!!!!
Tickets: http://hollywood.improv.com/event.cfm?id=435277 
or (323) 651-2583
—————————————–
2/21/16
SONGWRITERS WORKSHOP

Come join three fantastic songwriters (and one mediocre host) at the upcoming Songwriter’s Square – a music and storytelling show!

Sunday Night, February 21st 
Doors open at 7:30PM, Show starts at 8:00PM. 
At the Lyric/Hyperion Theater & Cafe. 

This month we feature:
GREGG SUTTON
Songwriter (Joe Cocker, Percy Sledge, Maria McKee and more), music director for Andy Kaufman! Bassist for Bob Dylan! We will hear some incredible stories along with his great songs.

JAMES LEE STANLEY
The legendary folk singer returns to Songwriter’s Square. “One of the few all time greats and undisputed geniuses among singer-songwriters.”  FI Magazine. Great storyteller!

PATRICIA BAHIA
Fantastic feel good songs from the award winning writer! Patricia was nominated for two 2016 LA Music Critics Awards: Best CD Female; and Best Pop/Rock Female Artist for her “Save Your Heart” CD.

Sunday Night, February 21st 
Doors open at 7:30PM, Show starts at 8:00PM. 
At the Lyric/Hyperion Theater & Cafe. 
2106 Hyperion Avenue, Los Angeles, CA 90027
$15 or $12 with discount code ‘bill’ CLICK HERE

Come enjoy an intimate evening with some of the best songwriters in Los Angeles! The monthly showcase is hosted by BILL BERRY and features songwriters from country to cabaret, rock to folk and everything in between. Enjoy a glass of wine and dinner with your show. Free parking.
More information at billberrymusic.com or at www.lyrichyperion.com.

Thank you,
-Bill Berry

—————————————–

2/21/16

LA WINDS IN CONCERT! 1pm and 4pm

Sunday February 21, 2015 
1:00 and 4:00 P.M.
 
Los Angeles Pierce College Performing Arts Building
Subscription Concert — “Stars of the Pierce College Symphonic Band”
Our program will include the dazzling virtuosity of the Pierce Symphonic Band and some of it’s members.
Music from Robin Hood – Erich Korngold,
arranged by Member Robert Joles

Vivaldi’s Piccolo Concerto in C with soloists – members Leslie Kearney and Juan Rivera

I Have Found My Peace (Mov. II) by member Andrea Vancura

Call to Arms by the SFVS’s own James Domine

The 1st movement of Shostakovich’s Symphony #9.
Transcribed by member Charles Fernandez

Windsor Processional by member Charles Fernandez

On a Hymnsong of Philip Bliss by David R. Holsinger

Washington Post March by NON-MEMBER John Philip Sousa

—————————————–

2/24/16

Corbin Bowl and the San Fernando Valley Symphony Orchestra
Present Concerts at the “Bowl” in the “Corbin Lounge”
Wednesday Evenings at 7:30 pm

February 24                  
The SymphoBlondiax
Perform music from baroque to contemporary  by Bach,  Domine, Vivaldi, 
Telemann, and others, featuring James Domine, guitar; Ruth Bruegger, 
Ruth Siegal, Carolyn Osborn, and Florence Titmus, violin; Glenn Grab,
‘cello and Larry Muradian, bass

“Lounge” at the Corbin Bowl 
19616 Ventura Boulevard, Tarzana

Free Admission/ONE Drink Minimum
Persons under 21 years of age not admitted

“CONCERTS” ARE SUBJECT TO CHANGE WITHOUT NOTICE

For photos of the performers and the latest schedule updates, go to: 
http://www.sfvsymphony.com/concerts_at_the_bowl/

—————————————–

 

================================

You can read all previous offerings at:http://www.responsible47.com
UNTIL NEXT TIME,
THE COMMITTEE FOR A MORE RESPONSIBLE LOCAL 47

 

================================

You can read all previous offerings at:
http://www.responsible47.com

UNTIL NEXT TIME,
THE COMMITTEE FOR A MORE RESPONSIBLE LOCAL 47

AFTER ALL… / SALE COMMENT / EVENTS

Sunday, February 14th, 2016

I. AFTER ALL…
II. SALE COMMENT
III. EVENTS

…Absolutely guaranteed anonymity – Former Musician’s Union officer
…The one voice of reason in a sea of insanity – Nashville ‘first call’
scoring musician
…Allows us to speak our minds without fear of reprisal – L.A. Symphonic musician
…Reporting issues the Musicians Union doesn’t dare to mention – National touring musician

Name Withheld

*** NEXT MEMBERSHIP MEETING IS TOMORROW, JANUARY 25TH ***
A resolution requiring a balanced budget will be voted on. Please be
there to make the local be more “RESPONSIBLE”.

===================================

I. AFTER ALL…

After all the questionable tactics and conduct of the local in this
referendum, the Acosta Administration got the votes they wanted,
which will result in the sale of our only tangible asset, the Local 47
building.

So be it,… BUT THERE’S another shock ahead.

Now that the building will be sold, they need to form a financial
committee to decide what to do with the money.

Luckily, since the money will be in the millions they will be required
to hire qualified money managers, but who has John Acosta nominated
to be on the three person committee charged with making
recommendations to the board on how to use the money?

People from the very group that has done so much to destroy our industry:
1) Dennis Dreith
2) Phil Yao
3) Neil Stubenhaus

All three are current or former leaders of the RMA, and John Acosta
is going to let them make suggestions?

If the Local members allow that to happen and that money is lost
through incompetence (or the filing of endless lawsuits at the behest
of the RMA), know that the membership will be to blame for looking
the other way and not stopping it.

The very idea of giving former leadership of the RMA undue influence
over the use of the money,.. OUR MONEY, considering what they’ve
done to this Local and the Federation is beyond comprehension. 

—————–

II. SALE COMMENT

 
Here are two comments sent to me:
 
 
The org. spent 50K to promote the sale of the building.
(probably more)
They printed the ballots.
They sent the ballots.
They collected back the ballots, and offered new ballots
to anyone who might have “lost” their ballots- from
\their extra ballot stash – 1 to 2 thousand- they can’t
remember which.
They held onto the ballots ” in house”.
They did an “in house” counting by an Election Board
who had no control over the process other than to
count the ballots they received.
Low, and behold- they won!
There should have been a third party producing,
processing and counting the ballots.

(more…)

THREE LOST / ELECTION REPORT / COMMENT / EVENTS

Sunday, February 7th, 2016

I. THREE STALWARTS LOST
II. ELECTION OBSERVATION REPORT
III. ELECTION COMMENT
IV. EVENTS

…Absolutely guaranteed anonymity – Former Musician’s Union officer
…The one voice of reason in a sea of insanity – Nashville ‘first call’
scoring musician
…Allows us to speak our minds without fear of reprisal – L.A. Symphonic musician
…Reporting issues the Musicians Union doesn’t dare to mention – National touring musician

Name Withheld

*** NEXT MEMBERSHIP MEETING IS TOMORROW, JANUARY 25TH ***
A resolution requiring a balanced budget will be voted on. Please be
there to make the local be more “RESPONSIBLE”.

===================================

I. – THREE CONSUMMATE PROFESSIONALS OF OUR INDUSTRY PASS
JACK FEIERMAN, JIMMIE HASKELL and RAY COLCORD

In the last few weeks we’ve lost Jack Feierman,
Jimmie Haskell and most recently Ray Colcord.

They were all consummate professionals, great talents
and wonderful people as well.

RAY COLCORD

Ray Colcord, a former president of the Society of Composers & Lyricists
and prolific television composer behind the scores for such shows as 227,
The Facts Of Life, and more died February 5 following a battle with
pancreatic cancer. He was 66

Born in New York City in 1949, Colcord attended Rice University and
got his start in music as a touring musician in Texas. He also worked
as an A&R executive for Columbia Records, and was responsible for
getting the rock band Aerosmith signed to the lable. He would later
serve as a producer on their second album. He became music
director for The Groundlings in 1976, composed all of the comedy
troupe’s music during his tenure, and won a Drama-Logue Award
in 1985. That same year he began scoring for broadcast network
television shows, though his first foray into TV was in 1982,
for A&E’s An Evening at the Improv.

Among the other television series he worked on were Family Affair,
Big Brother, Dinosaurs, and episode of The Simpsons, My Two Dads,
and Silver Spoons.

He also wrote music for several films, including “I Like ‘Em
Big And Stupid” for the Earth Girls Are Easy soundtrack
and “Bouzouki Trella” for Lara Croft Tomb Raider:
The Cradle of Life, as well as several tv movies and specials.

FROM DINOSAURS

AS A PLAYER
https://www.youtube.com/watch?v=h4mTzdrT2yI

—————————————

JACK FEIERMAN (1924-2015) was a premier conductor, composer,
arranger and trumpeter.
A member of the Steve Spiegl Big Band since the early
70’s, Jack Feierman was one of the premier conductors
in the country, having been Musical Conductor for
Johnny Mathis, Sergio Mendez, Jose Feliciano, The
Osmonds, The Lennon Sisters, Frank Sinatra,
Natalie Cole, and for 22 years, he was Musical
Director for Steve Lawrence and Eydie Gorme.

He has also played trumpet for numerous TV shows,
recordings and movies, besides playing with such
name bands as Stan Kenton, Woody Herman, Count Basie,
Billy May, and more.

In later years he became famous for his teaching
as a conductor.

AS A TEACHER

AS A PLAYER
https://www.youtube.com/watch?v=_5-GUi1l0Hk

——————–

JIMMY HASKELL (1936- 2015)
was a multi grammy winner, composer,
arranger, conductor and music producer.
He was the composer of 31 feature films, 32
TV movies, 445 TV episodes
Jimmy’s music was also a featured segment of these
theatrical feature films:
the Matrix; Three Kings; Grace of My Heart; Pulp Fiction, Big,
Mr. Holland’s Opus; Hotshots; Married To The Mob; When Harry
Met Sally; Almost Famous; The Color Purple; Fools Rush In;
Mulholland Falls; Love Potion #9; Ferris Bueller’s Day Off;
Ode To Billy Joe and Weapons of Mass Distraction (T.V. Cable)

He also worked with Barbra Streisand; Steely Dan; The Bee Gees;
Sheryl Crow; KD Lang “Drag”; Puff Daddy’s Bad Boy Records;
Celine Dion among countless others, and works for the Boston Pops
and the Tonight Show band.

You can check out more credits at jimmiehaskell.com

JIMMIE HASKELL (born Sheridan Pearlman, 1936, Brooklyn, New
York, United States, died February 4, 2016, Laguna Niguel,
California, United States)was a prolific American composer
and arranger for a variety of popular singers and motion pictures.

Haskell entered the musical business through being hired to do
arrangements with Imperial Records. He became the arranger
of choice for Ricky Nelson and arranged such hits as
“There’s Nothing I Can Say” (1964). In the late 1960s and early
1970s Haskell was the arranger of choice for The Grass Roots.[2]
He also provided horn and string arrangements for Blondie’s
1980 album Autoamerican.

He entered the motion picture soundtrack industry in 1960
as an uncredited orchestrator for Dimitri Tiomkin’s The Alamo
and composed his first score the following year Love in a Goldfish Bowl.
His composition The Silly Song became the theme song of American
television’s The Hollywood Squares.

In addition to composing and arranging, Haskell would often act as
conductor and selected the musicians used.

BOOM – Record

OUTRAGE – from the film OUTRAGE
https://www.youtube.com/watch?v=A5JNtoOEvso

ALL WILL BE GREATLY MISSED

======================================

II. ELECTION OBSERVATION REPORT

Next Morning Notes:

Did not think to ask where are all the unused extra ballots?
These were not accounted for or boxed with the rest of the
vote materials.

At the Monday 1/25/16 meeting we were told that the
union had ordered “around 1000” extra ballots.
(So said Gary Lasley-not the EB Chair) If the counted ballot
numbers go over 8000, then it appears they actually
ordered almost 2000 extra ballots.

How many were left over?

Fact: Return to Sender Ballots 168
Fact: Duplicates discarded 19
Fact: Bad Ballots 10

Questions…… How many Total ballots were printed?
Are they all accounted for? We need an accounting
for those ballots over the amount of the initial mailing
(approx. 6050).

They should have some amount left over…!

The Election Board was not responsible for sending persons
a replacement ballot if they needed one. All requests for
replacements went through the Sec.Treas/Eric.

The Election Board did not at any time have custody of
the additional ballots. The Election Board did not send
replacement ballots…who has that list?

From what I understand…they needed to have at the
minimum 3057 ballots returned in order to make the
referendum and of that they needed 1529 to say yes.
 
From what was counted….they had 3260 ballots returned
requiring a minimum of 1632 to say yes.
 
The actual count….2581 Yes  and   669 No.
 

=====================================

III. UNUSED BALLOTS – FROM A MEMBER

YOU NOTICE THERE IS NOTHING ABOUT UNUSED EXTRA BALLOTS
IN MZ’s REPORT?

This is a BIG problem for the Election Board …taking all their cues
from LL and somehow this was “overlooked”?

While it might look like a harmless error given the ballot count
Y v. N.  The real gorilla in the room is that the count could not
have taken place but for 240 ballots over the minimum to let
them count.

Further, it is understandable that the vote should be lopsided…
duh…the membership at large did not hear anything except
what the union wanted them to hear.  Rah, Rah, Rah..sell, sell, sell.

LL saying the opposition could have taken out an ad in the
Overture as some kind of equal access argument is false.
The administration sent out at least 5 special postal mailings…
They know now that the Overture is on line even less people
take the time to navigate the website for it. 

I was disgusted that the day the ballots were counted the
Executive Board was meeting with the realtors and LL in
“executive session”.

(more…)

MEETING REPORT / PETERSON COMMENTARY / COMMENTS / EVENTS

Sunday, January 31st, 2016

I. MEETING REPORT
II. BILL PETERSON COMMENTARY
III. COMMENTS
IV. EVENTS

…Absolutely guaranteed anonymity – Former Musician’s Union officer
…The one voice of reason in a sea of insanity – Nashville ‘first call’
scoring musician
…Allows us to speak our minds without fear of reprisal – L.A. Symphonic musician
…Reporting issues the Musicians Union doesn’t dare to mention – National touring musician

Name Withheld

*** NEXT MEMBERSHIP MEETING IS TOMORROW, JANUARY 25TH ***
A resolution requiring a balanced budget will be voted on. Please be
there to make the local be more “RESPONSIBLE”.

===================================

I. 1/25/16 MEMBERSHIP MEETING REPORT

LOCAL 47 meeting – 7:30 1/25/16
Quorum Barely reached.

HIGHLIGHTS – or LOWLIGHTS
1) Amount spent on “TIME IS NOW” – $50,000
(Not including Officer/Staff time)
2) Most important question not answered:
If you get the 50% plus 1, but find that the number of
mutilated, blank or otherwise bad ballots bring It below
50%, will you still consider the 50% plus 1 reached?
3) Number of LOCAL members eligible to vote – 6,059
4) Revenues 3,462,589 – down from last year.
5) $276,000 in deficit spending in the typical year.
6) When asked if any members had requested the info
on who has and hasn’t voted, the president answered
no, when he knew in fact a member in good standing
HAD asked for the info.
7) President was asked who he nominated for the
financial committee.
He named THREE people with a long history in the
leadership of the RMA (Past or Present) and these
are the only ones President Acosta nominated or
even thought to nominate?…
People from the very group that is the most
responsible for Local 47’s financial plight?

MEETING DETAILS

Roll Called

Reports:
2 resolutions for the evening

PRESIDENT:
Says we cannot vote on the (Balanced Budget) resolution
because there had not been the 21 day notice to inform
membership.

PRESIDENT: “If the body wants to vote on it they can.
Will be implemented in May, so April meeting could work.”

PARLIAMENTARIAN: Not up to the body, the 21 day notice
cannot be waved, so there’ll be no vote on it tonight.

CO-WRITER OF RESOLUTION
Co-writer of Resolution – There is 21 day notice to vote
on a resolution, but also there has to be 15 days notice
of any meeting, which didn’t come out in time. If we
cannot vote on the resolution, we cannot have a meeting.
[EC: Was also told later that the local never called them
to tell them the resolution would not be voted on.]

50 Year pin presented

PARLIAMENTARIAN: says there is NO notice requirement
for club meeting.

MEMBER: You’re wrong. Section 5 article 1, does require
notice. If we transact business it can be challenged, the
issue must be resolved.

Article. 5 section 4 under secretary duties, yep,.. the
notice is there.

Parliamentarian was wrong and correctly by member.

Point of info: Where is it in the bylaws that the day
the overture is brought to the post office is the
date that counts, rather than when the members get it.

COUNSEL – says when it’s mailed is the date.
Member tries to speak and
PRESIDENT tries to limit debate by calling for a
limit on debate, is stopped by member because
member has the floor.

MEMBER: Perhaps have the officer reports given,
then go to Club meeting. If it is the choice of the
officers to postpose the resolution the writers
will not object at this point but reserve the
right to file complaint later.

President moves to limit debate, majority vote
in the affirmative.

LEGISLATIVE COMMITTEE
Legislative committee chooses to delay report
until the resolution can be voted on.

Minutes from special meeting corrected, moves
to adopt the minutes.

Minutes are approved.

PRESIDENT’S REPORT

Task force about recording contracts was formed.
After research, task force recommends to IEB July
2015 meeting.
Results are on website.
Since then met with members of IEB and Video
Games companies. Lots of discussion, agreed to
keep talking. Will continue to talk.

Created Composers Caucus – Issues that effect
composers.

Fi-core, non-union. – No mass exodus from Local
occurred.
[EC: Why bother, the union is not going after non-
union recording as long as it’s kept down low,
though the opposite is professed.]

Lots of nego, 24 collective bargaining agreements
signed. Greek theater will keep covering musicians.

Gave cudos to employees who helped.

Additional drop of $100,000 in income.
Reduced Local’s costs by .5 million dollars
In 2016 we’ll continue the functioning of
our Local.

VP REPORT

Echoes what John said about employees.
Involved with many negotiations.
Have learned: All musicians have a voice, all
have ideas, but main thing we’re still all
musicians and all care about the business
and industry.

Took part in SRLA Nego. in New York. Lots
of different ideas. Very tough negotiations.
Went with Eric Dawson, who has done it for 8 years.
Will be 3rd round here in LA. Hoping to have
usable contract for all.

Went to PBS Negotiations in New York. Attitudes
were more helpful. Round 2 is happening tomorrow.
All have high hopes.

Attended NAMM Show… it’s asinine that we have
no presence there. Next year we will.
(Applause from members)

Went to writer’s guild awards, will attend the
“Made in Hollywood Awards”, for those who
made movies in Hollywood.

Took building committee to Burbank site.
Toured the site. Note read from building committee
member about sale. Much of the speech is the
same we’ve heard for months. Nothing new.
[EC: almost identical to the FMA Report sent
out last week by the blog.]

Day after special October meeting,.. the day with
rain we had a huge leak in the auditorium.

Attended Gold Golf Classic meeting – at Mountaingate
Country Club hopefully.

Dick Nash’s birthday is tomorrow. Please wish
him well for his birthday.

MEMBER: We don’t need a full elevator. We need
secure parking, new building does not have secured
parking.

VP: There are 50 spaces that are fenced at the new
building. Less than full elevator would not be ADA
compliant.

SECRETARY’S REPORT

Report on 3rd quarter
Revenues 3,462,589 – down from last year.
Costs $3,225,293 – Reduction of over 500,000
Leave us a surplus of $236,596

Report was cumulative year to date, not just the quarter.

2016 dues are due

Monthy Jazz sessions – 1st Saturday of every month
are happening. “All union” internet music station
can be linked from website or download app “live 365”

We have free notary service for all members 323 993-3159.

DIRECTOR: About whether it’s a valid meeting… the Local
47 beat was emailed out more than 21 days before, and
all meetings have been announced previously.

MEMBER: Posting something on the website or through
email does not meet the notice requirements.

MEMBER Was the October Overture sent out on time?
MEMBER (Has Oct overture) – Page 7 – notice for special
meeting and membership meeting. NO mention of January
meeting. So there was no notice of the January meeting.

Until bylaws are changed, email or electronic notice
doesn’t count.

DIRECTOR:
Moves that no formal business be conducted during
meeting.

MEMBER: Let’s not create another problem.
Motion rescinded

MEMBER:
-Last year discussed having awards ceremony
for $80,000. That was the cost of replacing the roof!
-ADA Compliance – we are grandfathered in, do NOT
need ADA compliance, though it is often said otherwise.

NEW BUSINESS:
MEMBER:
-Troubled by all the inconsistencies of the plan to sell.
Area is being gentrified, not going downhill, as was
said at the previous meeting.
-Developer is planning new huge complex near Arclight.
If it’s worth 24 million now, will be worth 30 million
in a few years.
-Too many inconsistencies. Are being bombarded
with calls, radio appearances….
-I’m insulted by the whole thing.
-As former member of election board, we always had
a PO Box to keep ballots, not kept in the Secretary office.
-With all the realtors out there, why is one of ours a
member? If there’s no building chosen yet, why have
all these drawings been made. Who’s going to hold
the money? Sounds like we’re just handing over millions
to the Officers of the Local.

PRESIDENT: Wants to form Financial Committee of
qualified people. Already met with attorney, If sale
goes through, investments will be put into an
“Endowment” so it is kept safe and cannot be spent
other than appropriate costs.

Can’t put deposit on building until the referendum
is passed. It will be a long process.

ELECTION BOARD PERSON:
50+1 must vote; then 50 plus 1 must say yes.
Ballot Process:
-Keep track of number of ballots
-Have PO box 9399 at Cherokee St. Post Office
-Can also bring them in and drop them in locked
box at the guard desk.
-Once a week PO box is emptied, but keep track
of bar code on envelope so they know who’s voted.
-Scan ballot number to see who’s voted and keep
a list,… then kept in the Secretary’s office. Election
board has only key. That is where they’re stored.
-Phone bank operation to call those who’ve not
voted… hence multiple calls.
-When Feb 2nd comes along – All ballots will be
put in numerical order, will take the later ballot
when there are two for a member.
-Then: once duplicate ballots are removed.
Election board will open all the envelopes, move
privacy ballots into another container, then they’ll
all be mixed together to protect ID’s. Privacy
envelopes will be opened, votes will be counted twice.

Then results will be announced.

Questions:
MEMBER: PRES of RMA: RMA made decision not
to take a stance on the referendum.
Does anyone outside have access to the list of
those who’ve voted.
Only those directly involved. – 8-10 folks.
Issues – Contractors could get the info to choose
who they hire, Members on Orch committees, are
also at risk,…

When I was on election board always had an
outside co. Why was there no outside company
brought

PRESIDENT: The executive board decided that.

MEMBER: Ballot wording is bad.
President: Yes means yes, no means no. there
is no problem.

MEMBER: No faith in vote. On Nov 3rd – sitting
on desk were 75-100 ballots saying return to
sender, not locked up. What happened to ballots
that were returned to sender.

EMPLOYEE: Returned ballots are stored across
from reception, and are still there.
Trying to contact those members.

MEMBER: People are being called and asked
to vote yes,…. Not just to vote, but to vote yes…
that’s not ethical.

PRESIDENT: That concern has been raised a few times.

PRESIDENT: Everything we did was vetted legally.
So they CAN lobby members to vote yes. You may
not like it but it’s legal. No precedence for this
type of action from the local.

MEMBER: I don’t mind being called to get the
vote out, it’s that they try to convince you HOW
to vote.

MEMBER: How many ballot have been turned in?
Secretary reported 2800.

Do you count returned to sender ballots as votes?
Answer NO.

Who has access to the info of who’s voted, to
executive officers, board members, phone banks folks.
Answer: If there were concerns about confidentiality
that’s where you’d look.

MEMBER: Number of eligible voters as of cutoff date?
Secretary reports: 6,059
According by election board – what were the thousands
extra ballots about –
how many of the extras were used? Is there tracking
on those ballots?
Name must be attached to a number for it to be valid.

Why were members asked how they voted if it was a
secret ballot?

PRESIDENT: We wanted an idea of how the vote was going.

Do you have an up-to-date accounting of expenses
for the “Time is Now Campaign”?
Secretary: Approx. $50,000 (fifty-thousand!)

MEMBER: Wouldn‘t this discussion be better in
the club meeting.

DIRECTOR: Try to understand the position the board
has been in. Hearing a great deal of wanting to know
about ballot process and anger that the board knows
who has voted and who hasn’t. How can you keep
track of who’s voted. No one’s asked me,… we were
elected. And we have the info.

Can’t have strict accounting without the info.

MEMBER: Shouldn’t those who are against the sale
have the same amount of funds? The same use of
facilities. If it’s ok for the Local, the members
should have the same access to get their point across.

About PO Box – Once the postmark goes on the
envelope, that is when it’s good? Board said when
it’s postmarked,… but not when it arrives.

PARLIAMENTARIAN: Date of notice is when it’s
postmarked. Not when it’s received.

COUNSEL: The Post office decides when it’s
postmarked. The organization decides when
it has to be received.

MEMBER: You listed who had access to the
voting info. If you have 50% plus one ballots,
but some are found to be bad, can you still
say you have the 50% plus 1

QUESTION NOT ANSWERED

LOCAL MEETING ADJOURNED

——-

MEETING MOVE TO CLUB SIDE

CLUB MEETING

Member: Typo in resolution. Noted.
Minutes approved.

VOTED TO AMEND THE BYLAWS –
LIMITING PRESIDENT’S POWER IN NATURAL EMERGENCIES

Resolution read by VP Baptist.

Basic Motion: Article 9, sec. 1
According to the present Club Bylaws – Between
meetings the president can make emergency
decisions on all matters. Whenever a quorum
cannot be convened, the president can decide
during emergencies,… i.e. natural disasters, etc.

RESOLUTION CO_WRITER: Amendment: Is really
to bring the CLUB more into alignment with the
bylaws of the Local.

In old club bylaws the president can decide all
matters between the meetings.
With this change, he cannot,.. it must be an
emergency. Wanted to bring it over from the
Local’s bylaws.

COUNSEL: Part of the statement could be in conflict,…
Put Period after “United States of America”

PARLIAMENTARIAN: AMENDMENT TAKES 3/4 vote:
Writer accepts change.

MEMBER: Tried to ask question, called out
of order by board member.

SAME MEMBER: Was there something that made
you think of doing this?

WRITER: 1992 was the last time the club bylaws
were amended. In the former Local bylaws, the
president could do anything he wanted. This is
mostly housekeeping, though the club bylaws
really have a lot of inaccuracies. This is an
important time, it’s best that there be more
control over what the president can and cannot do.

Since the boards (for Local 47 and the Club) are
one and the same, they should have the same
powers and same limits.

MEMBERS: Clarification – if there was an earthquake,
the president would not be authorized to make a
needed decision.

CO-WRITER: This definition was drafted directly
out of Corporate code. It is standard language.

COUNSEL: Corp board code talks about transferring
power to president from board in emergencies.

BREAK TO VOTE – 5 minutes.

RESULTS:
Resolution votes: required 75 percent
55 voted
39 yes
16 no,….

Does not pass.

MEMBER:
Comment about ballot wording: In the 4 page
mini-overture the wording of the ballot question
was perfect. Putting the building price in the
wording made the only difference between voting
yes and voting no is the price point. Cannot be trusted.

COUNSEL: The definition of the meaning of the question
is up to the drafter – No means NO and Yes means YES.

Question: How did the realtor who is not on the
board, or election board or in the administration
for the local in any way, get that private info on
who has and hasn’t voted to use to send out
personalized emails?

DIRECTOR: Phone banking is open to all members
volunteering.

COUNSEL: Members have free speech.

MEMBER: Well the realtor member, who is not on the
board or in the administration in any way shape or
form, got the info and used it to send personal emails.
Who’s to say any of those doing the phone bank can’t
use that info as well, or give it to anyone they want,
since it’s freedom of speech? All you have to do is
volunteer for the phone bank and you can get the info.

MEMBER: Talked to President personally. We’re in great
position. Am surprised that the election process is
causing so much controversy. Also surprised that the
“stay where we are” position has not been put out
there as much.

As to the Building committee members long support
statement, should be here to answer questions about
their position.

Shouldn’t say THE SALE, should say the “Proposed”
sale. The board should be neutral and not so
vehement for the sale.

Couldn’t we get a variance on the height restriction.
Wouldn’t that we Let’s talk the city and state into
putting more cash in the area.

Commission will be 1 million.
Takes thousands of gigs to equal that.

MEMBER: 1.5 million in the club, bylaws currently
state that excess go the local.
When talking about the costs, you said you had a
plan to create finance committee.
You have a lawyer write endowment papers
and limited trust.

Right now the trustees are the only ones who
can decide where the monies go and keeping
the investment documents,. AND the trustees
need to be able to access their investment funds
if the local comes up short on being able to pay bills.

BUDGET
$276,000 in deficit spending in the typical year.

The bylaws are in conflict with your plan for the money.

Campaign has been totally lopsided, dissenting
voices have not had the chance to be heard. It
has all been weighted on the yes side.

PRESIDENT: May need to come back and amend
the bylaws to set up the financial situation if
the sale goes through.
-Have addressed the campaigns lack of equality
many times,…. Will not again.

MEMBER: As more questions come up, there are
even more questions. Who has access to the
voting info. What would happen if a member
were to request that info.

PRESIDENT: Not aware of a request.
[EC: In fact a request HAD been made by a member,
Robert Hirschman, who is also the Lawyer for other
members concerned about the sale. The President
asked the counsel if there had been a request. He
directed the President to say no, when he knows
a request had been made.]

MEMBER interjects – Asked secretary About getting
the vote / no vote info – was told the numbers he
can be given but not the names.

Trustee makes recommendations, gives them to
board, board decides. Talking about an endowment
is putting cart before the horse.

[EC: President was asked who he nominated for the
financial committee.
He named THREE people with a long history in the
leadership of the RMA (Past or Present) and these
are the only ones President Acosta nominated or
even thought to nominate?…
People from the very group that is the most
responsible for Local 47’s financial plight?

If you ever needed proof that President Acosta is
in the pockets of the RMA, you’ve got it now.
Absolutely inexcusable and a real insult.]

MEMBER: Always an outside company to handle votes.
Lots of us are really fearful of the voting being handled
totally in house. One of the most important decisions
ever made will be done in house?

ELECTION MEMBER: Anyone who wants to can come
and observe the vote count. Find the inference a bit
insulting.

DIRECTOR: Election committee is totally trustworthy.
We’re all members of the same union, and I have the
utmost respect for you.

MEMBERS: I am confident you’ll do the job wonderfully,
it’s just that this most important of votes is not done
like the regular elections, with an outside company.

Why would this adjustment be made? Hire an accountable
company to count the vote.

SECRETARY: In general our elections may have as many
as 50 members running for different offices. In this case
it’s either yes or no.

MEMBER: Election committee will be up all night just
opening and sorting votes… I personally have total
trust in the election board. They will be honest and
immaculate and do it only out of a desire to help.

To be a witness you have to apply within 5 days

PRESIDENT: Not in this case, you can ask the day
before and be admitted.

MEMBER: If we’d had an outside company, there’d
be no problem with ballots being left out on desks.
We’d not have to be putting up with this.

MEMBER: What about the 1000 extra ballots, can
you account for them all.

PRESIDENT: They stay at the Local until requested
by a member.

MEMBER: I got no calls….Why is that? I’ve been
hearing about repeated calls to members,..
but I’ve gotten no calls, Am I on some list?

PRESIDENT: No

MEMBER: I asked for money to make opposing
argument, for equal time, and was told no.

No answer from President.

Member calls for adjournment,…
(that’s how you shut down discussion)
Call is made and passed.

Meeting adjourned at 10:17

=====================================

II. BILL PETERSON COMMENTARY

Bill Peterson was the President of Local 47 from 19 to 19

I have recently written to many of you about my questions
& concerns about the sale of 817 N. Vine. Since I have been
a member of Local 47 for over 50 years, and have been
an active member, playing trumpet & writing, of the live
music, and studio scene, then Business Representative
in Electronic Media engagements and have been an elected
Officer of Local 47, as V.P. and President, I have a long
relationship with Local 47 and it’s  members.

I have had many questions asked of me from my fellow
members, which I have expressed to Pres. Acosta, V.P.
Baptist & Sec. Treasurer Lasley. 

I note that there seems to be an urgent campaign to sell
the building and adjacent property at 817 N. Vine St.
This is the one and only asset Local 47 has, apart from
the skills and talents of our membership. Aside from
phone-bank calls, and printed material urging the
membership to vote, the reasons for this sale are obviously
not apparent to our members. I choose this document
to make comment on the sale of the property. I will not
be attending or speaking at tonight’s meeting, as I am
recuperating from a total shoulder surgery and cannot
drive or even play trumpet for a few weeks.

Contrary to some comments I’ve received, I have no
reason or feeling that anyone is trying acquire wealth
through the sale of building & adjacent property.
However, with respect to both sides in this matter,
I feel that the elected officials; Officers & Executive
Board have been pushing for this sale as soon as
possible, without giving the membership a chance to
consider what this would entail. This is borne out by
the many members who are questioning the advisability,
and reasons for the sale.

I sent a list of concerns & questions that members have
shared with me, along with those I felt needed  discussing
to Pres. Acosta & his assistant. Pres. Acosta told me he had
never received this list. Knowing of the problems in
communicating by computer, I sent these questions of mine,
& the concerns of members to him again.

He very promptly answered this time. 

I believe that the one tangible asset Local 47 has, is the
817 N. Vine St. property, along with our talented members.
I feel that such a sale, and the undertaking of building of
all the components we now possess at the Vine St. location
at a new site, would cost an unknown or undisclosed amount.
No figure have been offered to the membership as to what
these costs would be. No mention of the officials contacting
a contractor, architectural designer or architect has been
revealed. Would there be adequate parking, such as is
needed for tonight’s meeting, or simply going to the Credit
Union, if that asset moves along with us?

My point is a very simple & basic one, and it is this:

If Local 47’s finances now consist of anywhere from $900 K.
to just over one mil K., and the if the amount of work dues
does not increase dramatically, then the officers have a
right to worry about re-roofing the building, or fixing
whatever electrical items are needed. So far, all I’ve seen
was a column by V.P. Baptist alluding to such a vast amount
of repairs that it makes good sense to sell our asset, and
invest in a new location in Burbank. This sale of the present
building, and investing in a new site,  where ever it is, will
entail a great deal of expense;  new construction,  tearing
walls out and building rehearsal rooms, business & executive
offices, an auditorium, (which is rented occasionally at our
current location), & considerable other rebuilding anew. I
am not aware of the amount of free parking or its proximity
to this new site. Would it really be comparable to what
the Local has at present? 

What I have brought to mind is that when I joined Local 47 ,
transferring from San Bernardino Local 167 in the mid ’50’s,
I was told to go to the Palladium immediately, as a very
important meeting was being held. I arrived to find Phil Fischer,
the AFM West Coast Representative, crying at the podium,
pleading with the members who were forming a new bargaining
unit, The Guild. That very day, I met Uan Rasey, who explained
to me that the recording members have never been able to have
access or say-so in the bargaining for Phono recordings, or
any other contracts under which they worked. Soon after, I
did my 1st session in LA.,  for Van Alexander, for Gordon
MaCrae at Capitol A . The session paid approximately $50.00,
& I was very pleased to receive the check, as well as have my
1st date with Manny Klein, Bobby Guy & Conrad Gozzo, as
well as all the wonderful players, of whom I had only heard.
 
However, the Guild, as you know, got Sinatra & Reprise Records
to recognize the Guild as the organization with which they
would negotiate. This meant that AFM President Petrillo &
those who followed into the AFM Presidency, could not
funnel increases in wages  into  the Caesar, & James C.
Petrillo Trust Funds, and the players who did the work
got to raises, and would have a say in what was in their
contracts. The very presence of the Guild made Petrillo
& Co., modify their high handed approach to our members.

Incidentally the Phono Scale increased to $100.00.

If we remember the past, we can better plan, work and move
forward to bring film, TV, game shows, recording, jingles,
and all the work that Local 47 has been a leader. I am not
suggesting formation of another Guild. But I firmly believe
that we can take measures to rebuild our place in as the
place to score Films, TV, Game Shows, jingles & all other
forms of recording.  We must also remember that contract
negotiations which are best conducted not by suing the
other side, but by recognizing that the other side has their
wants and needs, as we do.

I know the Secondary Markets Clause has been factor that
has caused  the big studios to forgo working here, and led
\to scores being done in Seattle, London, Nashville, British
Columbia and Belgrade. I had dinner with our member, Jay
Cooper, a prominent attorney, and fine woodwind player.
He alluded to memos from the heads of many of the top
studios to producers they were in business with, not to
score here. 

I feel that we all recognize that if we are to survive in this
business, there has to be a way to bring this vital work
back to  Local 47. Of course I know too, that the RMA
wants to keep the secondary markets fund alive. This is
totally understandable… I have benefitted from this Fund
for many years. But what of all the competent players that
get little or no work as things now stand? What are we to
do, when the proceeds from the sale of the building is
used up, without being added to by new work dues, etc.?

I am not a magician, but I have been a player, and an
officer of our Union, and I think that we need to explore
& expedite other avenues with the Studios, and indeed
with our own RMA members. It’s been said, “The only
thing you can count on is Change” … and that certainly
holds true in all phases of our lives, as well as in this
business of music

It is wonderful that John Williams & J.J. Abrams scored
the new Star Wars film here. I understand that my old
friend  John has another film with Steve Spielberg,
which begins scoring here soon.

Just a note: When I was VP, I had plaques made inscribed
to John & Steve, from the Local, thanking them for scoring
‘HOOK’ here.

Steve took this quite seriously, and as he descended from
the podium in front of an orchestra of over 100, he looked
at me gratefully, and told me, “I can’t tell you how much
this means to me!” Of course I know that plaques alone
are not going to persuade employers to come back to Los
Angeles & Local 47 musicians to score their films.
Lawsuits are certainly necessary to enforce our contracts,
but a compliment will do more to engender a working
relationship than a slap.

Without changes to contracts, and the implementation of
better relations with the employers we want to attract
back to the local scoring stages, the money realized by
the sale of our single tangible asset, will be spent trying
to keep the Local going at some new  location in Burbank,
and those funds from the sale of the building & adjacent
property will be spent in a losing cause. Without the
regrowth of scoring & recording in this town, it will be
impossible to keep Local 47 alive & viable!

Just suing employers does not take the place of exploring
and talking with those from whom we wish to gain
employment again.

Yours for keeping the members’ needs, and Local
47’s fortunes at the top of everyone’s list!

Bill Peterson

===================================

III. COMMENTS

 
Hello Again!
 
I received a call today from a member who wanted to
know, if a  member does not vote….can the Union
take some kind of action against them? They have lists.
 
Is this what this referendum has come to?….
You don’t choose to return your ballot (for
any reason) and because of the endless
phone calls and emails targeted at YOU
(member x)… now member  x feels threatened
that not returning the ballot might affect ones
future as a member?
 
This perspective was also brought up at Monday
nights meeting, by the new head of the RMA no less.
Essentially, …What if Contractor X, wants to
promote the Local 47/Club effort? (Example….
Hi xxx, heard you haven’t turned in your ballot…
by the way, I have a double at XYZ studio on Feb. 2.
 
I told the parties it was time to chronicle these encounters!
 

————————–

I would like to make a comment about last night’s 1/25
Union and Club meeting:

In general I believe I think this sale is a good idea and I
guess I had better get my ballot in soon.

There was a lot of emotion and ill will last last but I
thought that there was one set of comments that
were more disgusting than others.

The president of the RMA got up and said the RMA
has no opinion on this sale, a first, but speaking for
himself he didn’t like that people involved knew who
had voted and this could be a scary thing for work
if a contractor found out.

HOW OUTRAGEOUS!

The biggest thing the RMA does is have a yearly
fundraiser where they have a contractor stand
on the podium and say how important buying
tickets are, even if you don’t or can’t go still buy.
And the RMA only gives tickets to the “first” chairs
to sell in their sections.

Are you kidding me? How outrageous this RMA
president is! People complain that the Union is
spending too much money on this vote so they
are just trying to contact people who have not
voted, many of which for one reason or another
did not get a ballot.

[EC: Pretty Rich the RMA complaining that folks
might get blackballed for their actions, eh?]

————————

NO, NO, NO! Don’t sell our building. Not only
is it historical but it has so much potential
that only non business people (i.e. our
officers and board) would think of doing
such a thing. Unbelievable!

(more…)

2ND LAWYER LETTER / PRESIDENT / MARSHALL / FMA / COMMENTS / EVENTS

Sunday, January 24th, 2016

I. 2ND LAWYER LETTER TO LOCAL 47 COUNSEL
II. A FORMER PRESIDENT SPEAKS
III. THE MARSHALL SPEAKS
IV. FMA REPORT
V. COMMENTS
VI. EVENTS

…Absolutely guaranteed anonymity – Former Musician’s Union officer
…The one voice of reason in a sea of insanity – Nashville ‘first call’
scoring musician
…Allows us to speak our minds without fear of reprisal – L.A. Symphonic musician
…Reporting issues the Musicians Union doesn’t dare to mention – National touring musician

Name Withheld

*** NEXT MEMBERSHIP MEETING IS TOMORROW, JANUARY 25TH ***
A resolution requiring a balanced budget will be voted on. Please be
there to make the local be more “RESPONSIBLE”.

===================================

I. 2ND LAWYER LETTER TO LOCAL 47 COUNSEL

Re: Correspondence to AFM Local 47 dated January 5, 2016

Dear Mr.(Local 47 Counsel)

Pardon the delay in responding to your letter of January 8.

And thank you for the offer to meet with the Board. My clients’
decline based on past experience with the Board, which has
been tone deaf to the concerns and grievances of many
members – especially regarding the sale of 817 Vine Street.
We have no expectation the Board will sufficiently address
the issues raised in my letter of January 5.

Your letter also fails to respond to many of the issues.

These include the knowing failure by the Board to correct
continuing, erroneous misrepresentations, including, significantly,
the amount of “surplus revenue” available to invest after 817
Vine Street is sold, a new building is purchased, and renovations
are completed. The failure is grievous because the entire object
of the exercise in selling 817 Vine Street is to provide Local 47
with an “$11 million fund” which will produce sufficient interest
or dividend income over the long haul to ensure the “continued
viability of Local 47.” I am certain a lawsuit will be filed by
those who relied on the representation against those responsible
if the representation turns out to be false.

There was no mention in your letter of the Board’s choice not
to provide for an independent third-party to keep custody of
the ballots until they are counted, or for independent, third-
party supervision of the ballot count. Yet the board spent
$15,000 to aggressively promote the sale of 817 Vine Street,
including printing of entirely unnecessary color ballots and
promotional materials. Nor has the board explained why, in
the referendum count, it has departed from the standard
required in the Bylaws for the election of officeholders;
especially when the Board claims this referendum is “the
most important vote” members will ever make.

Nor did you address the misleading and confusing
language of the ballot. One of the points I raised in
my January 5 letter was the absence of an explanation
what a “yes” vote, and what a “no” vote, mean. Many
members have questioned me on this point. That —–
(Member Realtor) finally addressed the confusion in
his email “blast” to members on January 6, 2016 admits
the confusing nature of the language.

And regarding the —- (Member Realtor) email, is a list
of those member names and email addresses who have
not so far voted available to all members? In that regard,
(Member Realtor) states “I saw your name on a list a week
ago or so that you have not sent in your ballot yet.”

If available to members, in my capacity as an active
member of Local 47, I request a copy of the list within
the next 48 hours.

And I also found it interesting that (Member Realtor), in
aggressively soliciting “Yes” votes on behalf of himself
and the Board, failed to disclose that he was going to
personally benefit by receiving a large chunk of the $1
million real estate fee/commission if he could persuade
recipients of his email to vote for the sale.

Finally (Member Realtor), who is apparently acting as an
authorized representative of the Board in his email blast,
alludes to the extensive and annoying methods employed
by the Board in drumming up “yes” votes when he states:
“Please vote! I am writing you instead of Union phone bank
contacting you time after time; I figured you would appreciate
that.”

You also failed to address the need by the Board for an
independent appraisal of 817 Vine Street, given their
utter lack of experience in the purchase or sale of
commercial real estate, especially unique property
such as 817 Vine Street.

As previously noted, how the referendum has been
handled by the Board has led to great distrust among
the members. And the distrust appears to be the
proximate cause of the increasingly desperate measures
now undertaken to drum up enough votes to authorize
the Board just to count the votes received.

Yours sincerely,

ROBERT HIRSCHMAN & ASSOCIATES

============================

II. A FORMER PRESIDENT SPEAKS – BILL PETERSON

Subject: Questions & concerns from many members re: sale
of 817 N. Vine & adjacent property

Local 47 Officers John Acosta, Ruck Baptist, Gary Lasley,
Gordon Grayson and Members of the Executive Board.

I am Bill Peterson, a 50 year + member , recording trumpeter
and former Vice President & President of Local 47. Here are 
questions & concerns I have been asked, and I have had myself,
regarding the sale of the 817 N. Vine St., the building & 
adjacent property, and subsequent move of Local 47 functions
such as offices, auditorium, rehearsal rooms, et al, to Burbank.

I want to make it clear that I have had many calls and emails with
questions I have been asked by members as well as some of
my own to which I would like an answer. 

1.  Who is the appraiser who did the appraisal of the present
site, and when, and at what cost was this appraisal accomplished? 

2.  When was the listing of 817 N. Vine, (building & property),
given to a real estate  agent or firm? 

3.  How was this decision made? How was a real estate agency chosen?

4.  Was this done before notifying the Musicians Club & Local
47 membership of any of these moves, or the plan to move ?
Was a competent architect, building designer or architect hired to
make an estimate of the cost to Local 47 to build or make needed
facilities at the Burbank location such as an auditorium, rehearsal
rooms, offices, archival area, et al?

5.  What is the true financial status of Local 47?  The total financial
& property assets of Local 47? Profit/ Loss figures for the last 3 years?
Is a balance sheet available to all interested members, which shows
the assets, real, cash, and investments of the Local?

6.  Is the new location practical, in terms of on-site parking for members,
orchestras that need or wish to rehearse there, and parking which is safe,
free, and close and available, such as the Local members now enjoy?

7.  Will the sale of the present property eventually result in another raise
for the officers of 47? Will the top three  executives; President, 
Vice President & Sec. Treasurer be granted higher salaries ?

8.  Why have the Local Officers & Executive Board decided to put ballot
boxes in the Secretary Treasurer’s offices? Why wasn’t an organization 
such as the League of Women Voters or a similar organization chosen
to hold this Voting procedure?

This vote concerns the very life of the Local, and is too vital and sensitive
to handled by placing ballot boxes in a sitting Officer’s office.

This question casts no aspersions at any officer or individual, but points
up the fact that the very Local 47 financial present & future is at stake here.

9. How much of Local 47’s, and the Local Memberships’ funds  been spent
to launch the campaign to sell 817 N. Vine & the adjacent property?

What cost has the printed material & mailing, &  phone bank been?
      
10.  Have any monies been offered to members, (individual or groups),
who do not agree with the aims of this campaign?
 
11. Why was knowledge of the plan to sell 817 N. Vine St, Local 47 &
Musicians Club  building and adjacent property not announced in a logical,
straightforward way to the members of the Local? Many members
learned of the plan as a rumor which “leaked out” bit by bit!

12. What are the exact figures, dollar amounts, please), of number of
film & TV sessions, (live & film) as well as recording a game-show sessions,
and the amount of work dues collected from these sessions, for the
last five years?

In Closing, I feel it incumbent upon you to answer these questions as
elected officials of our Local, In order for the membership to make any
kind of responsible and informed vote on this plan.

Fraternally yours,

Bill Peterson

===================================

III. THE MARSHALL SPEAKS

To my friend, teacher, coach & colleague —— —-,
and all of you listed above, I offer my thoughts on the
sale of 817 N. Vine St., and adjacent property….

If you agree or disagree, I applaud you for considering
what I have written. Feel free to share this, if only to stir
up discussion before a decision to sell or not to sell is
made. I point out what I believe are the real, underlying
problems that face our officers & Exec. Bd.

What this is really about is:

1.The lack of what my license plate proclaims… “MO GIGS”!  
The Local’s finances are at a low  of perhaps $900,000.
This is because there are not enough films, TV, Video games,
etc. being scored in L.A. Instead the Pres. of the AFM, Ray
(“Wild”) Hair, has been busy suing the studios for this or
that infringement …

2. The Local is worried about the costs of doing business,
such as replacing the roof at 817 N. Vine, updating the
electricals, etc, and some improvement to the façade
of the bldg. The Officers & Board feel that they can sell
the bldg., (worth little) & adjacent property, (worth a lot!),
so they can move the operation to Burbank and use part
of the sale proceeds to construct rehearsal rooms, an auditorium,
etc. – in other words have some of what the Local already has,
plus put $ in the bank.

I feel that a move to Burbank, or Petaluma, or Colton, California
is not the answer to Local 47’s woes. The property at 817 N.Vine
stands glowing like a cash cow. Even if the property is sold, but
no new work comes into Local 47, so that no new income comes
gushing to the Local, cash can easily be used up. I think it’s great
that the salaries of our officers are very handsome indeed, Pres.
upwards of $130 K per year, Veep & Sec. treasurer at least $ 93 K.
but if the Union can’t afford to put a new roof on the building,
perhaps the Officers could consider ‘contributing’ part these
salaries back to Local 47 coffers, so as to keep a roof over
their heads.

3. No one seems to remember the effect that Uan Rasey, Vince
DeRoas and all the others had when they & others,  started
“The Guild”! That organization forced Petrillo & those who
followed him into the AFM presidency, to pay attention to
the needs and desires of the players, such as:
To be consulted & involved in negotiations with the studios,
and receive the “Raises” which Petrillo got,  but funneled
into the James C, & Caesar Petrillo Trust funds. My 1st
record date, with leader Van Alexander for Gordon MacRae
at Capitol Studio paid $ 60.00… When the guild got Sinatra,
& his label “Reprise”,  to sign with The Guild to be the
bargaining agent of Phono musicians, scale went up
amazingly to $100.00 a session.

$. So, what to do? Sell the bldg., & property, sit on the
proceeds after buying & outfitting new digs in fabulous
downtown Burbank, the new hub of Show Biz, according to
our elected officials, (or Petaluma, or Fontana!!), and wait for
the work of scoring  films, TV, Video games, jingles, & so to
magically flow back! Well, if we don’t do something new and
inventive, like realizing that BOTH sides of the table have
items they want, need, and are determined to get!! …
And unless we find new ways, new negotiations, etc., to
bring the work back to this town, the work won’t return —
it ain’t gonna happen!! The Local will eventually run out of $,
and the Officers won’t collect the generous salaries they receive. 

Sure,  having John Towner Williams score the new StarWars
here is a good move in the right direction, but after joining
attorney/deal maker Jay Cooper one evening,  a couple of
months ago, I heard that the majors have memos to producers,
etc. that order, “Do not score films in L.A. using the Local 47
forces!” (Or words to that effect).

Perhaps we can meet and listen to what Jay Cooper, highly respected
member & attorney, might say, and perhaps get new, fresh, creative
ideas to create “MO GIGS”! Suing the ‘big, bad studios’, thereby
making them our enemies is not going attract them back to hiring
Local 47 players!!! But the folks that run the studios are business
men & women, whose job it is to turn a profit with the product!
Gee! what a concept?!

They want the best price to score their films that they can get.
The Secondary markets payment has been a great addition to
scoring musicians’ incomes. But if there is no work, then, then,
of what benefit is the Back End payment. Especially to those,
outside of the 100 or 150 musicians who are called to do what
little work there is!

There are hundreds of competent players who do dark dates, etc.,
because they are not working, and they have to pay their bills. I
cast no aspersions or stones, (& until my shoulder heals I won’t be
casting anything but spit!)! Perhaps new, creative ways to be found,
thought of, brainstormed, by the musicians who work & those who
don’t, to attract the employers back! It’s a dream, I know, but I
fervently pray that the days of 2, 3, & 4 dates a day, can, & will,
return. I had my day doing the work, but I want all the fine players
in this Local to have that opportunity and that gift too!

The bottom line is, as my license plate proclaimed,

“MO GIGS”!

“The Marshal” has done spoke!

{EC: We couldn’t agree more!]

=====================================

IV. FMA REPORT

[EC: No one can say we don’t print opposing views. However,
this seems like a simple restatement of all the Local talking
points with much of it in the exact wording the Local has used.

Was this all written personally by Lisa, or was she given verbiage
to pass on?

If this was so honest and forthright on the Local’s part why
all the deception, duplicitous ballot and bait and switch meetings?

We don’t buy it.

As to the ballot, the fault lays squarely at the feet of the Local 47 counsel.
As we’ve pointed out before, the wording was perfect on the 4 page,
“Mini-Overture”. As President Acosta pointed out, the wording was
changed directly at the behest of the counsel.

We still say not voting is the only way to guarantee your vote counts
as a no.]

Dear Freelance Musicians Assn – FMA Members:
 
Report on possible Local #47 building sale:
As you may know, we are being asked to vote whether to sell
our Local #47 building, and buy another location. Deadline
for ballots is Monday, Feb 1 (either by mail, or via a special
ballot box at our Local.)
 
Two things happened this week:
1. The Building Committee was given many new details as to
“why” this action is being brought to a vote now.
2. On Thurs Jan 14, we saw the entirety of the potential new
property, both inside and out, with our own eyes.

Based on the information below, I am personally recommending
a “Yes” vote regarding the building sale and relocation.

And I am additionally asking that all FMA members please return
their ballots ASAP. (“If” you have already mailed in your ballot with
a “No” vote, but are reconsidering in view of the following info,
please contact Secretary/Treasurer Gary Lasley, who will put you in
touch with the Election Board for a new ballot.)

(This info below was previously not mentioned to the rank & file –
why is that? But now we have details!)

1. Why are we considering selling now?
a. Several “big ticket” repairs, which have been delayed for varying
lengths of time, are now at the point where they “must” be done
without further delay, including:
1. Desperately needed new roof
2. Electrical building grid is at capacity (due to the ever-increasing
needs of computers & security.)
3. Earthquake retrofit concerns (Many homeowners face this same
dilemma: “Get a loan & fix what we’ve got vs. sell and move to
something better?”)

b. Property values are still rising (but currently extremely volatile
stock market.)
c. Property taxes, which have always come out of Local #47’s budget,
are getting more difficult to afford
 
(It is my opinion that up til now, our Officers and Executive Board were
hoping for a turnaround in our music business economy.
It is embarrassing to admit that our #47 revenue has decreased
substantially.

Sadly, the time to “wait and see” must now be over. Our reserves
are lower than ever before.
Rather than take out a huge loan for repairs (which we might not
be able to repay!) our leaders feel we should take different action.)

2. Why this particular building?
a. Many favorable features, including:
                                                   
i.     29 different rooms, many of them already finished:

1.     One very large room, which could become an auditorium
2.     Three conference room-size areas, one of them very large
3.     Many rooms are finished offices, each approximately 15 x 20
4.     I lost track of number of bathrooms – at least 10?
5.     Kitchen/break room, very spacious, plus 2nd smaller kitchenette
6.     15K sq ft back area (used to be Digital Symphony)
7.     Three additional units to the left of the main one
8.     One additional unit to the right – could become Musicians Credit Union
(if they choose to come with us + change their Charter)
9.     We would own the entire structure

ii.     Electrical has its own 12KW substation – solely for this building, new
transformer
iii.     20 foot ceilings throughout – many currently “hidden” by drop-ceiling panels
iv.     Earthquake retrofitting two years ago to current code
v.     Security system throughout the building, modern with cameras, separate
entry code boxes for many rooms
vi.     Computer optics already installed
vii.     Terrazzo stone floors throughout (some rooms covered over in carpeting)
viii.     Red brick exterior walls
ix.     Current “Mezzanine” upstairs w/additional office – we could build
additional 2nd story offices if needed
x.     144 parking spaces – including 55 behind a gated secure fence in
back – plus extra available spaces those hours when the nearby school
and AAA are closed.
xi.     Close to Freeways!
xii.     Three restaurants in a separate structure on the property:

1.     Subway
2.     Caesar’s Pizza
3.     Japanese Sushi restaurant

–        With leases, which would generate rental income well more than
sufficient to pay all property taxes
 
Also previously not mentioned to the rank & file (I have no idea why not):
Two neighbors to our prospective property, Peer Music and Team Music,
were previously typical, ugly “strip mall” locations.
What their respective architects did with their property space is truly amazing
– modern, spacious, light, steel & glass, etc.
Please stick your head into both companies and ask for a quick look-see.

I must admit that when I saw the photos by one of our members a few
months ago, (taken through exterior windows at the front of the property)
I was discouraged – it looked like simply an empty shell.

I am very glad I waited to give you this report until the Building Committee
“tour” on Thurs. 

I had no idea of the size and amenities of the new building.
It’s huge, folks.
Nobody likes moving. However, I see this as a wise move for our
Local in view of the obstacles.
 
Only 2,200 ballots – total – have been returned so far. PLEASE VOTE.
 
I must give our Officers and EB only a C+ on their communication skills.
So much of the angst of the past few months could have (in my opinion)
been easily avoided, had the info above been presented along with the
ballots. 🙂
 
Kindest Regards,
Lisa Haley
President
Freelance Musicians Assn – L.A.

===================================

V. COMMENTS

TACET THE VOTE!!!

——————————-

With regard to selling the Local 47 Building/Property:

Now is not the time to liquidate our material assets
such as real property because the Stock Market is
sinking like a stone and no one knows what’s going
to happen to the value of the dollar.

I understand we have 5 offers – each for $24 million.
Obviously we have an item that will sell @ almost
anytime we choose.

With no mortgage and money in the bank and lower
overhead (which could be made lower with a few
salary reductions) we should maintain our current
position – at least until after the election when
we know which the wind is blowing.

Anonymous

P.S. I’ve seen the proposed building over in Burbank.
The building does not look like it has good bones.

———————-

Hello

I just read your message regarding the protection of
the approximate $8m surplus.

It would seem to me that this would have been
organized and presented to the membership long
before there were offers for the sale of the building.

My ex husband was a trombone player, and became
the President of the Musician’s Guild (Union) of
Quebec, Canada, as well as  involved in private and
Guild related real estate. 

Nothing is left to chance in the 3 in stacks of paper
for any business or real estate transaction, and
yet your column is suggesting what MIGHT happen
to the millions of dollars being moved, and the
ways you MIGHT protect this money.

As a  non business person, I perceive this to be
totally backwards. These details should be ironed
out and presented to the membership BEFORE
there is a sale, and definitely before there is
even a vote to sell the property

One member’s thoughts,

===================================
(more…)

COMMENTARY / FACING THE MUSIC / EVENTS

Sunday, January 17th, 2016

I. MEMBER COMMENTARY
II. FACING THE MUSIC
III. EVENTS

…Absolutely guaranteed anonymity – Former Musician’s Union officer
…The one voice of reason in a sea of insanity – Nashville ‘first call’
scoring musician
…Allows us to speak our minds without fear of reprisal – L.A. Symphonic musician
…Reporting issues the Musicians Union doesn’t dare to mention – National touring musician

Name Withheld

*** NEXT MEMBERSHIP MEETING IS MONDAY, JANUARY 25TH ***

===================================

I. MEMBER COMMENTARY

Did the Local Officials mismanage their fiduciary duties?

With all attention solely placed on the sale of Local 47
property here are some questions to consider that preceded
this historical event.

1. What has the locals elected officials demonstrated to maintain
solvency of the union falling short of selling the property?

2. Did the previous administration mismanage the union, lead
by president Trombetta and Espinosa before him, before
handing over a financial faulty union to the next administration?

3. Why was $15,000 dollars spent on a PR firm rather then
spending the money more wisely to hire a company to
evaluate the union’s financial distressed situation and
consider other alternatives to financial solutions rather
then the quickest short-term solution to liquidate the
local’s property?

4. Was a short-term fix prudent for a long-term current
problem with the potential to inevitable raid and deplete
the excess cash from the sale of the property?

5.What makes more sense continue to pay down $50,000
a year against a loan, according to the local 47 Accountant
“did not have the authority to be made in the first place”,
or pay $100,000.00 a year on real estate taxes for the
unions foreseeable future?

6. Which organized group has been influencing and directing
the local which put the union in despair and into this situation
in the first place?

7. Have the last two elected presidents subscribed to this
groups influence in order to receive their lucrative salary?
The same group that voted titled officers an increase years
ago when work was disappearing and still went and voted
the top officials a raise for “a job well done on their behave”
whose behave? “Heck of a Job, Brownie time”

8. Is it time for the union to stop being guided by a group
whose interest is exclusively in their own benefit at the cost
of the majority of the 7000 membership?

9. Why do you think the same 200 voting members were
persuaded or advised through directed calls from “Dateline
Answering Service” to show up at union meetings over the
last two decades? The same 200 whose decisions were
directed by support from an inside group that lead to
the demise of the local through loss of work they refused to
do.

10. Through a pattern of pandering have past elected titled
officials and elected board mishandle their fiduciary duties?

====================================

II. FACING THE MUSIC
 
A few quick facts.
 
-The local has less than a million dollars left in the bank.
-They could have gotten the membership on their side with the sale
if they’d not chosen at every turn to be dishonest, secretive and underhanded.’

For example:
The membership should have been told IN JULY that the building
was going to be listed to get a sense of it’s worth. While they say
they’d talked about it since February, and mentioned it in a few
reports, a mention in a report is not a formal announcement to
the membership of the intent to sell, regardless of the machinations
of the officers and counsel to paint a different picture of reality.

-The board created suspicion by taking down the main listing within
days after a member asked about why it was there.
-The board created major distrust by purposefully pulling a bait
and switch of the meeting on the October 5th, 2015 meeting,
taking what was definitely billed as a Local 47 meeting and changing
it to a “club 47 meeting”, restricting the member input. The only
evidence was the inside cover of the overture which conveniently
was sent out one day before the 5th. Tricky that.
-Then trying the same thing from the opposite direction at
the membership meeting later in the month. Saying a motion
could not be made because it was not a Club meeting. Now
that’s cojones.
-Misdirection again and again and frankly, abhorrent conduct on
the part of the board and their mistreatment of the rights of the
members to know what is being done in their name.
 
Only the board is responsible for the distain in which they are
currently held by a majority of the membership because of their
underhanded conduct, regardless of whatever supposed legitimacy
of their project exists. Their conduct will lead many to say,
“If it’s what they want I’m against it, because they cannot be
trusted.”

Here’s the Irony,

The recent administrations of Local 47 (Over the past 15-20
years or so) have run the Local into a ditch. Monies are down
because they cow-tow to the most selfish among us, a small
cadre of RMA leadership and hardliners, who, using the IEB as
their puppets, block any progress in contracts to make us
competitive in the world market and bring work back. Those
few, seeing the not-so-slow slow death of the Local’s finances
and work, don’t care as long as their July checks are secure.

Indeed the conduct of past leadership of the RMA along
with their puppets at Local 47 and the AFM are in large
part the authors and finishers of the situation we find
ourselves in.

TECHNOLOGY
 
Certainly technology has played a role, Like being able
to sit in your studio here and record live with orchestras
all over the world on a BUYOUT basis) and new recording
options in places as far flung as Macedonia, Nashville (Now
doing movies as well), Canada, Mexico, France, London,
Prague, Bratislava, most recently Vienna, etc, etc.

The fact is however, If the RMA’s boy at the AFM and the
RMA Leadership had not alienated entire industries, made
enemies with the obnoxious conduct of AFM officers and 
bowed to the RMA’s every whim, we might still have a
major place in the recording market.
 
When the situation arises where the only people who’ll
work with us are those who are forced to by contracts,
or the lack of recording availability in London, its only a
matter of time until they can break the contract and we’ll
never see them again. Nor do we deserve to.

We my not have a choice but to sell the building, because
the financial situation has become that dire, thanks to
greed, incompetence and neglect, to the benefit of a few…
 
BACK THE TRUCK UP
 
But really, why bother? Why not let the slide continue until the
Local is no longer self-sustaining and dies.
 
Why?
 
Simple. The ONLY way this Local will survive in the long term is
to take control of our contracts back from the RMA, shut them
out so some real advances can be made. Without major structural
changes to the inner workings of the AFM and the Local and
the expulsion of the RMA from it’s controlling interest, selling
the building and getting a new one will only delay the inevitable
demise. We need new income, from every market possible.
 
Eventually, those millions will be gone if the sale goes through,
since not enough money is coming in for the Local to prosper.
Not without an increase in work and dues. It will simply take
longer to die. It’s not brain surgery, it’s economics.

The fact is if we cannot make in a building that is paid for
we cannot make it period.

The solution to bring work back is relatively simple.
There are sessions happening everyday, only they’re dark.
Create a buyout contract for: Video Games, Trailers, Libraries,
Samples, low budget films, limited pressings, festivals, etc.
All are now being done elsewhere or non-union.

Every session we bring back on contract is dues money
for the Local, monies that the Local is not seeing now.
Contractor’s who’ve been spoken to say they could get
the work back with buyout contracts, and a new crew
of players who’ve not alienated producers.

WHILE WE’RE AT IT

Why is the Local telling folks who are doing dark dates
to “Just keep it on the down low and it’s fine”, while
trying to destroy folks who are doing it the right way,
paying dues to the local and becoming fi-core so they
can legally do both union and non-union jobs? The Local
is charging fi-core folks almost the same dues per year
as regular members.

Show us folks who’ve never done a non-union event
and I show you an empty room. EVERYONE has done
non-union, non-contract work, at least those who are
fi-core feel strongly enough to take a real stand and
not just get assurances from the Local’s president that,
“You’ve been a good member all these years, just keep
it quiet.”

We need to build the future of this Local, and pry away
those who care only about themselves at the expense
of everyone else.

We NEED to get the middleclass that’s left back to work,…
that’s what Seattle did,… and more recently Nashville.

And thus endeth the rant you probably stopped reading
a few paragraphs ago.

THE COMMITTEE
(more…)

DIDN’T TAKE LONG / DESPARATE / WAR CHEST / ANOTHER VIEW / COMMENTS / EVENTS

Sunday, January 10th, 2016

I. WELL, THAT DIDN’T TAKE LONG
II. A DESPERATE MOVE
III. A WAR CHEST FOR LAWSUITS?
IV. ANOTHER VIEW
V. COMMENTS
VI. EVENTS

…Absolutely guaranteed anonymity – Former Musician’s Union officer
…The one voice of reason in a sea of insanity – Nashville ‘first call’
scoring musician
…Allows us to speak our minds without fear of reprisal – L.A. Symphonic musician
…Reporting issues the Musicians Union doesn’t dare to mention – National touring musician

Name Withheld

===================================

I. WELL, THAT DIDN’T TAKE LONG

Two days after the Lawyer’s letter was hand delivered to the
Board of LOCAL 47, the Local’s Counsel sent a letter to
the Lawyer, Robert Hershman, demanding the names of ALL
of the members he represents.

This was exactly why the two main plaintiffs, Helen Crosby
and Charles Fernandez, agreed not to share the names
of their like minded colleagues with Mr. Hershman

The Counsel couldn’t refute anything in the letter, so he wants to go
after those members who dare question the Local’s edict.

The identity of those members who’ve contributed to the costs
of the lawyer’s fees and those who haven’t but support the cause in
other ways will NEVER be given to the Local. The main plaintiffs
consider those names sacrosanct, and the Local has no right to
them.

The charges are just as legit whether they represent one member
or 200, or 2000.

We see no need to expose colleagues to the possibility of retaliation
for exercising their rights as union members.

It is that guarantee of anonymity that has helped the COMMITTEE
over the last 10 years become the most trusted place for friend
and foe alike to express their thoughts without fear of retribution.

The co-plaintiffs will protect their like minded members
with exactly the same ferocity.

THE COMMITTEE

===================================

II. A DESPERATE MOVE?

It has come to our attention that one of the
realtors is sending letters to their friends in the
local to elicit a yes vote.

It appears to be a form letter, but is personalized
to the individual.

The Phrase “I saw your name on a list a week ago or so that you
had not sent in your ballot yet.” is contained in the letter.

So how did the realtor (member or not) gets access to a list that
contains private information about the voting members?

The Realtor is:
1) Not on the board.
2) Not on the election committee.
3) Not a member of the administration in any way.

So who gave them access?

Yet another inside job by the Local to grease the skids,
even if that means giving inappropriate access to private
info of members voting, or non-voting habits.

Can those against the sale request and receive the names of
those who’ve not voted? If not, this was totally inappropriate.
But they’ll find some excuse and brush it off, knowing most of
the membership will say nothing and do even less.

Are you supporters starting to sense a problem yet?

Is there anything they won’t do? When will the other
shoe drop.

This entire referendum from the start has been a poster child
for the saying, “Better to ask forgiveness than permission”

The entire letter, received by more than one member,
Appears below….

From: name redacted
Subject: music note
Date: January 6, 2016 Time Stamp Redacted
To: Recipient name redacted

Happy New Year! Please read the following and advise me how to respond.
I have been harassed by the VP’s secretary, who had the balls to ask
which way I was voting!?~~ Now this….

——

Dear, Recipient name Redacted

I hope the New Year finds you well. I of course am the Union
member Realtor handling the upcoming sale of the Musician’s
Union. I saw your name on a list a week ago or so that you had
not sent in your ballot yet. We are getting very close to the
ballots necessary but I would hate to not make the quota and
have to waste time and Union money starting over, etc.

In case you haven’t been following, in short, the Union wants to
sell it’s building (about 24 million) and buy and modernize another
building (10-14 million). Keeping a similar sized building and all
the amenities we have now plus a few new ones. So we would put
about 10 million into a safe investment and could use the interest
to promote musical activities and more work!

A Yes vote means the Union is allowed to sell the building for
22 million or more. A No vote means there will be no sale.

Please vote! I am writing you instead of Union phone bank
contacting you time after time, I figured you would appreciate
that.

IF you have misplaced or lost your ballot, NO PROBLEM,
please let me know I and will direct you to a way to get a new one.

I know because I am often guilty of not taking a minute or two
to fill out a ballot, but I believe this is important for the future
of our Musician’s Union and our livelihood.

So could you just reply back to me and let me know you got
my email and whether you wish to vote or not. We have to
contact over 6,000 members and I don’t want to keep
contacting you over and over if you have sent in or are
in the process of sending in ballot.

Thanks

[EC: According to the person who received the letter,
they had not heard from him since college and now wants
support to get thousands of dollars in commissions.

While the realtor does not lose his right as a member to voice
his support or to solicit…he should have recused himself in
this instance.  Except to perhaps his actual friends in his sphere.

But again, the use of the members private voting status (Supplied by
someone at the Local) to us is egregious.]

===================================

III. ANOTHER VIEW

Hi Committee

I wanted to clarify one part of the voting procedure used in
the sale of the building.    

The voting procedure for election of officers does not necessarily
have to be used in other instances where a vote of the membership
is required.  

Federal law requires that In an election, all measures must be
taken to ensure that no candidate has an unfair advantage over
another. Therefore, no candidate may use union funds (newsletters,
union phones, union website, union logo or letterhead, union
credit card, etc) to promote their candidacy. 

Similarly, no union officer or candidate for election should have
access to the balloting process which includes the creation or
printing of the ballot, distribution of the ballot or collection
and tabulation of the ballots.  Most locals have a mechanism
for the creation of an election committee which has the responsibility
of conducting the election which includes all of the items previously
mentioned.  

I don’t believe there is a legal requirement that all non-election issues
follow the same procedure in terms of the membership voting an
issue up or down.  So under Local 47 bylaws, there may not be a
procedure in place for non-election membership voting which means
any decisions regarding a membership vote would be entirely at the
discretion of the board.  

While the attorney seems to imply differently, I don’t think there is a
legal bar for the Officers or board of Local 47 to use the local newsletter
in support of a yes vote on the sale and I doubt if there is a legal
requirement to allow those in opposition to be given space in the
newsletter.  

However, Mr. Hirshman raises a terrific moral point in terms of the
voting process in that he ties this important decision of a lifetime
for the members of Local 47 to the transparency that is apparent
when the election voting procedures are utilized. And transparency
is needed in all matters that affect the membership.

Wishing everyone the best for 2016.

==============================================

IV. A WAR CHEST FOR LAWSUITS?- MEMBER COMMENT

In doing a web search, it looks like the AFM has been
busy filing lawsuits against major industry players in 2015.

April 27, 2015 Variety (US edition)
Case filed 4/24/15. Levy, Ford & Wallach/Bredhoff & Kaiser
AFM v. Warner Bros. Paramount, and MGM

May 7, 2015, Hollywood Reporter…Case Filed 5/26/15. Levy,
Ford & Wallach… AFM v. Columbia, Paramount, Twentieth
Century Fox,Universal City, Walt Disney Pictures, and Warner Bros.

July 8, 2015, Variety ….AFM v.Sony …Michael Jackson’s “This Is It”
Case filed in New York.

Aug. 11, 2015, Hollywood Reporter…”The American Federation
of Musicians of the United States and Canada continues on
its aggressive legal campaign …..”
AFM v. Sony, Universal Music Group,Warner Music branches
Warner Bros. Records and Atlantic, and Disney’s Hollywood Records.

International Musician September 22, 2015…AFM files suit
against the French company KIDAM.

Seems like the AFM would love to access that 10 million war
chest the Local would get if they get the votes to sell….
And who would get any small amount of work that is gotten
through lawsuits? The RMA of course. Nothing ever changes
for the Local’s true masters.

Nice big paycheck for the counsel too. What a surprise.

===================================

V. COMMENTS

A beautiful expose on the attitude of the union to be like
a government and to manipulate the vote of its constituents
/members.

It was never easy to answer the call of the union to sell
the building as they set up their strategy to not allow
equal time to members that opposed the sale.

A sad commentary on equality.

It is time for the union to wake up and stop is myopic
vision of our business and also change legal council
that panders to the union view and never considers the
member view.

Shame on the Officers and Directors. You all can do better
than that. Such a wishy washy rubber stamp on our future.

——————————–

Useful information. Fortunate me I found your website by
chance, and I am surprised why this coincidence did not
happened earlier! I bookmarked it.

(more…)

SPECIAL EDITION!!!… LAWYER LETTER TO LOCAL 47 BOARD

Wednesday, January 6th, 2016

Colleagues,

The following letter was delivered to the Board of Local 47 on behalf of Lawyer Robert Hirschman and concerned members of Local 47 concerning the conduct of the Local in regards to the potential
sale of the property.

It’s a good read and will give you, FINALLY, many of the views of those opposing the sale.

Please send all your comments to the blog.

THE COMMITTEE

From: Robert Hirshman and Associates

January 5, 2016 Via Personal Delivery
Musicians Club Board of Directors
and Officers
AFM Local 47 Board of Directors
and Officers
817 North Vine St.
Los Angeles, CA 90038
John Acosta, President
Rick Baptist, Vice-President
Gary Lasley, Secretary-Treasurer
Judy Chilnick
Dylan Sky Hart
Bonnie Janofsky
Pam Gates
John Lofton
Andy Malloy
Phil O’Connor
Bill Reichenbach
Vivian Wolf

Re:
Violations of 29 USC 501 et seq. (LMRDA)

Dear members of the Boards of Directors and Officers:

I am a member of Local 47 and the Musicians Club.

In my capacity as a lawyer, I represent several members
of Local 47/Musicians Club who, along with the interests
of all other members, are aggrieved by the manner in
which the Board is handling the proposed sale of the
Musicians Club’s principal asset, the real property
and improvements located at 817 North Vine St. (“the Building”).

Based on a review of minutes of the Board of Directors of
the Musicians Club and of Local 47; information, both orally
and in writing, presented to the members at the special
meeting of members on October 5, 2015; written materials
circulated in the Overture and on the website; the referendum-
ballot mailed by authority of the Board and Officers to the
members in October, 2015; and on conversations with
various Board members and Officers, I have concluded
that the Board of Directors, and each of them, are in breach
of their respective fiduciary duties to the members, in
violation of 29 USC §501, the Labor-Management Reporting
and Disclosure Act (LMRDA)

Labor-Management Reporting and Disclosure Act, Section 501

Section 501 (a) of the LMRDA, entitled “Fiduciary Responsibility
of Officers of Labor Organizations,” provides, in relevant part, that,

“The officers … and other representatives of a labor organization
occupy positions of trust in relation to such organization and its
members as a group. It is, therefore, the duty of each such person,
taking into account the special problems and functions of a labor
organization, to hold its money and property solely for the benefit
of the organization and its members and to manage, invest, and
expend the same in accordance with its constitution and bylaws
and any resolutions of the governing bodies adopted thereunder,
to refrain from dealing with such organization as an adverse
party or in behalf of an adverse party in any matter connected
with his duties.…”

“The purpose of Section 501 is to deal with misuse of union
funds and union property in every manifestation by union
officials.” (See Wood vs. Journeymen Barbers, Hairdressers,
Cosmetologists and Proprietors International Union, 454
Fed 2nd 1347, 1354 (7th Cir. 1972.) Furthermore, Section 501
is broad in its reach and has been applied not only to the
monetary interests of the union and its members, but to any
area of the union officials’ authority. (See Stelling Et Al.
vs. International Brotherhood of Electrical Workers,
Local 1547, 587 Fed 2nd 1379, 1386-87, 9th Cir. 1978,
cert. Denied, 442 U. S. 944 (1979).)

For example, in International Longshoremen’s vs. Virginia
International Terminals (928 Fed. Supp. 655 (E. D. Va.)
the U.S. District Court opined that a union official may
be held liable under Section 501 for mismanagement,
secrecy, failure to disclose, failure to process grievances,
and failure to conduct union affairs as a “position of trust.”
(See also International Longshoremen’s vs. Virginia
International Terminals (928 Fed. Supp. 655 (E. D. Va.)

Grievances of Members Relating to Way the Boards/Officers
Have Handled the Proposed Sale of the Local 47 Building

My clients’ grievances (as well as the grievances of countless
others) with respect to the proposed sale include (1) breach of
the duty of impartiality, (2) misuse of union funds, (3) making
false and misleading representations to the members, (4) failing
to disclose material facts to the members, and (4) failing to
take steps to protect property, and acting imprudently with
respect to the proposed sale.

Breach of Duty of Impartiality

Section 501 (a) provides, in relevant part, that “The officers…
occupy positions of trust in relation to such organization and
its members as a group.”

The phrase “as a group” means that the organization and its
governing body must act impartially and avoid favoring
the interests of certain members over those of other members.
That is especially true here where the Musicians Club
Constitution and Bylaws requires a vote of the members
to sell or transfer the Clubs real property, viz., 817 Vine St.
In this situation, the only role of the Board and officers is to
put the question/referendum to a vote of the members.

California law is in accord: “The fiduciary duty of a trustee
includes the duty to deal impartially with the beneficiaries.”
Hearst v. Ganzi (2006) 145 Cal.App.4th 1195, 1200 [52
Cal.Rptr.3d 473, 475].

However, the Board and officers of the Musicians Club
and Local 47 have breached their fiduciary obligations
to the members in the following respects:

The Board and officers, in all of its written and oral
communications with the members, have taken the
one-sided, biased position that the property must be
sold to ensure the viability of Local 47 in the future.
In doing so, the Board spent $15,000 with Bridge
Street, Inc., a public relations/lobbying firm, who
devised and designed four color written materials
circulated to the members, and included in the
Overture, unabashedly and vigorously promoting
a “yes” vote on the referendum. Moreover, the
Board and officers mounted a telephone “blitz”
campaign, at significant cost to local 47, urging
members to vote “yes” on the referendum, as if
a sale of the building were the only choice for
the survival of the union.

And in that “blitz” significant misinformation
was disseminated to the members, including
that the Local was in debt to the tune of $700,000,
when in fact Local 47 has reserves of $900,000.

Based on the materials reviewed, there appears to be no
effort made by the Board or officers to be impartial to
the “members as a group” with respect to the referendum.
Crucially, no effort was apparently made to include not
only an argument in favor of the sale, but an argument
against the sale. Thus, the Board and officers breached
their fiduciary obligations to the “members as a group.”

Moreover, there is a compelling argument to vote “no”
on the referendum, which the Board completely ignored.

In the slideshow presented by the Board and officers at
the October 5, 2015 special meeting of members (and
also available on the Local 47/Musicians Club Website)
it is claimed that in 1950 the Local used the entire
building, whereas today, “the local occupies less than
50% of the building.” Yet the Board and officers admit
that the reduction has positive benefits in that there has
been a reduction from 52 full-time employees to 22
full time employees, generating a significant savings
in staffing costs. Furthermore, a vacancy of half the
building has resulted in the receipt of significant rental
income to the Local. For example, rental income in 2014
was $170,000, and it is expected that rental income in
2015 will be about the same.

Moreover, the Board admits, insofar as revenues and
expenses, that “we are living within our means,” which
I interpret as there are sufficient revenues to cover
operating expenses.

With respect to what appears to be the Board’s main concern
“Building Repairs,” the Board estimates that the “approximate
cost of renovations [are] over $300,000,” including $80,000
for exterior repairs, $50,000 to upgrade the electrical grid,
$200,000 to replace the roof, and re-model and reconfigure
the interior to lower costs of utilities.

However, when compared to paying $1 million for broker
fees, escrow and closing costs if the building is sold,
$300,000 to renovate the existing building appears to
be a bargain. (See Exhibit 1 attached.)

There are several ways the amount can be financed. First,
the Musicians Club is indebted to the Local in the amount
of approximately $500,000. Perhaps that loan can be called,
depending on its terms. If not, because the Club owns the
building outright and free and clear of any liens or mortgages,
the Club is in a position to obtain a first mortgage at a
very favorable interest rate (in the current economic climate)
and use the money to repair, renovate and rehab the building.
Thus, a loan of $300,000 at an interest rate of 4.5% payable
over 15 years would require monthly payments, including
principal and interest, of about $2100 or an annual amount
of $25,000. An increase in membership dues of a mere $3.50
per year, per member (designated as a building or mortgage fund),
would cover the cost of the mortgage payments. The question
should have been put to the members as to whether they would
agree to an increase of $3.50 per year to keep the building. Instead,
the Board presented the sale as a panacea to solve all of its financial
problems, now and into the future. That appears to be an unrealistic
adventure in Fantasyland, as far as I’m concerned.

Furthermore, improvements to the building will likely increase
the amount of rent paid by tenants.

In addition to the Board’s abject failure to include in materials
accompanying the ballot an argument against a sale, the ballot
itself is confusing and potentially misleading. It provides:

“Shall the officers of the Musicians Club of Los Angeles
(the Club) be authorized to sell the Clubs real property –
located at 817 Vine St., Hollywood, CA 90038 – for not
less than $22 million to the successful highest bidder?”

While a “yes” vote likely means the officers may sell the
Property to the highest bidder provided the bid is no less
than $22 million, the meaning of a “no” vote is unclear.
Does it mean the officers are prohibited from selling the
Building for less than $22 million if there is no more
than one bidder? Or does it mean that the officers may
sell the building to the only bidder even if the price is
less than $22 million?

In that regard, the Board should have included what
we’ve all come to expect from a referendum vote –
an explanation of what a “yes” vote means, and what
a “no” vote means. The failure to do so was a breach
of the Board’s fiduciary obligations to the members
to fully and fairly inform the members.

And with respect to the ballots, I have heard that several
members received an envelope with no ballot in it. Given
the demonstrated self-interest of the Board for a “yes”
vote that leaves open the question of possible ballot
stuffing to ensure the vote is in favor of a sale. And
that suspicion is raised solely by the biased manner
in which the Board handled the whole referendum
process.

Additionally, the manner in which the ballots of those
members who voted and returned their ballots, leaves
open the question of Board impartiality, given their
demonstrated fervor to obtain a “yes” vote.

According to the procedure established by the Board
with respect to the referendum, completed ballots are
retained in the office of the secretary/Treas., Gary
Lasley, a vocal proponent of a “yes” vote.

Yet Local 47 Bylaws provide for significant safeguards with
respect to the impartial safekeeping of completed ballots
until they are counted. In fact, completed ballots are retained
by the Post Office until they are ready to be counted. And then
on the day appointed to count the ballots, counting is done
under the supervision of an impartial, independent third-party
organization to ensure the count is accurate. No explanation
was given for the departure from this long-standing practice.
And, again, the devious and inappropriate manner in which the
Board has handled the referendum reasonably leads to suspicions
of misdealings and a lack of trust among the members.

Yet the Board has rebuffed all complaints that the procedures
it adopted lack transparency and the safeguards of impartiality.

(2) Other Concerns of the members

(a) At the Special Meeting of members on October 5, 2015 the
Board represented it had at least two offers to purchase the
Local 47 Building for $24 million. The same representation
was made by the Board in writing. (See attached marked Exhibit “1”)

Yet on the referendum/ballot, the Board seeks authority to sell
the Building for not less than $22 million, representing a potential
loss to the Musicians Club/Local 47 of $2 million – an amount
which, according to members of the Board, would solve the
alleged financial “problems” of Local 47. But there was no
explanation in the ballot or materials accompanying the
ballot on this significant discrepancy. And if the vote is
“yes” the property can be sold for $22 mil.

(b) Neither in its minutes nor elsewhere has the
Board made a binding commitment to members
to replace the Building, once it is sold.

Nor has the Board permitted the members to vote on
any aspect of replacement premises, if any, or its
location and amenities.

What assurances do the members have there will be
a replacement building if 817 Vine St. is sold?

In that regard there is no provision in the Musician’s
Club constitution/bylaws permitting the Club to
purchase a new building.

(c) While the minutes of the Musicians Club Board
Meeting of April August 11, 2015 recite that “the
Board Of Directors for the Musicians Club of Los
Angeles has determined, after a duly diligent inquiry,
that it is in the best interest of the Musicians Club
to solicit potential offers to purchase the Clubs
property located at 817 Vine St., Hollywood…”
However, the Board has not shared with the members
the contents and details resulting from the “diligent
inquiry.” Thus, many members question the Board’s
decision to present the issue to the members for a vote.

(d) On Exhibit 1 the Board, whether negligently or
intentionally, represents the amount of the “surplus
revenue” available after a sale of the building, purchase
of a new building and renovations to the new building.
There, the Board represents that the “surplus revenue”
will be $11 million when in fact, based on its own
figures and on the ballot language, the surplus revenue
may be no more than $8 million, an overstatement
of $3 million. Thus, if the building sells for $22 million
(as the Board will be authorized to do based on the
ballot language), and estimated closing costs are $1
million (as the board represents – $999,600), the
surplus revenue will only be $8 million. How can
the members rely on the diligence, accuracy, and
business acumen of a Board which makes such
inexcusable errors?

(e) None of the Board members claim to have significant
experience in the valuation or sale of commercial property,
particularly unique commercial property such as our building.
It takes a high level of expertise to determine the fair market
value of a unique building. And in my significant
experience as a real estate and business attorney, I would
only trust an appraiser holding the designation of Master
of the Appraisal Institute (MAI) to reach an accurate
conclusion of value of 817 Vine St. Yet a prominent
Board member and officer was heard to naively say
that he was relying on the potential buyers to set the
price (that is, “value”) of the building.

Moreover, my long experience as a real estate attorney
informs me that real estate brokers, whether representing
a buyer or seller, have an inherent conflict of interest
between representing the interests of their client and
representing their own interests to earn a commission.
With this conflict of interest in mind, I do not rely on
a broker or agent’s opinion of value of a property, unless
the property is a cookie cutter, tract home, where the
value of one house is likely to be the value of all
homes of the same floor plan. But 817 Vine St. is a
unique one-of-a-kind building and its location (the
land value) is somewhat unique.

Yet the Board has not hired an independent appraiser
(beholden only to the Board) to determine the fair
market value of 817 Vine St. Instead – and given the
inherent conflict of interest – it is imprudently
relying on a broker’s opinion of the value of the
property. In my opinion, that is another breach of
fiduciary duty by the Board to the members.

CONCLUSION

To avoid significant legal costs I suggest a meeting
next week with the Board to discuss the members
grievances and determine if there is an amicable
resolution acceptable to both sides which must
necessarily involve a recall of the current referendum,
the distribution of accurate financial information, and
an argument against a sale, as well as an argument for
a sale. Local 47 has about 7,000 members, the vast
majority of whom are not actively involved in union
activities. These folks, who have voted, have done so
in reliance on false representations, on the lack of accurate
financial information, and on a totally one-sided argument
in favor of a sale. That situation must be remedied before
we can say there has been a meaningful vote by the members.

In that regard, the LMRDA guarantees union members not
only an equal vote, but also a “meaningful” vote. Bunz v.
Motion Picture Mach. Operators’ Union, 567 F.2d 1117,
1121 (D.C. Cir. 1977). Whether members were afforded a
meaningful vote depends on “whether they were given adequate
notice and information regarding the subject matter and
nature of the vote” and whether they “had enough time and
opportunity to mount effective support or opposition to
the leadership’s position.” Bauman v. Presser, 117
L.R.R.M. (BNA) 2393, 1984 WL 3255, at *7 (D.C. Cir. 1984).

If we cannot reach an amicable resolution, I am authorized
to file a lawsuit seeking to enjoin (stop) the Local and Musicians
Club from continuing with the current ballot process, together
with an order by the court that a new ballot process begin along
the lines I have suggested in this letter. If a lawsuit becomes
necessary, the Local and Musicians Club will likely incur
hundreds of thousands of dollars in legal fees and court costs
and is unlikely to prevail. Is that how the membership wants
its monies spent? I doubt it.

I therefore appeal to your good sense and goodwill to make a
substantial effort to resolve the legal issues raised by the
irregular and improper ballot process currently pending.

Very truly yours,

ROBERT HIRSCHMAN & ASSOCIATES