MEETING/HEALTH INSURANCE /LAWSUIT/ COMMENTS
I. PLEASE BE AT MONDAY NIGHT’S MEETING! 7PM at Local 47.
II. SUPPORT FMA PRESIDENT LISA HALEY FOR TRUSTEE THIS MONDAY!
III. HEALTH INSURANCE FROM 47 WITHOUT HAVING TO QUALIFY?
IV. DUES RETURN LAWSUIT GOES TO FEDERAL COURT
V. WHERE DID THIS LAWSUIT REALLY COME FROM
VI. WRITE COUNCILMAN ERIC GARCETTI ABOUT CAPITOL STUDIOS
VII. EVENTS
VIII. COMMENTS
I. PLEASE BE AT MONDAY NIGHT’S MEETING! 7PM at Local 47.
Colleagues,
We just got this interesting comment from a member:
Why is there NO mention of an election (for trustee) on the Local
47 website? Not even in a “members” section or anything.
http://www.promusic47.org/
There is a link to a “meeting” on April 28, but that link doesn’t work.
Here is the Agenda for Monday Night.
Nowhere else does it mention an election… Odd.
FYI, you need to sign in now to see the Overture online. You
didn’t previously to have to do that. Maybe the committee can
have .pdf versions available to email upon request, for those
that no longer have access.
————
We checked the site today and found only the most cursory mention
of the meeting Monday, with no details of the agenda. But as of this
evening, if you look at the actual headlines, there is a link to the
agenda. As the member said, the link on Blue section does not work.
On Friday, an EMAIL from the Local mentioned the meeting,
in connection with an email on an unrelated topic. No mention
of the trustee or election board elections, only “important
issues to vote on.”
There has been a campaign email from Paul Castillo, and several
from the RMA with specifics and urging their members to attend,
but a lukewarm attempt at best by our own Local.
The Agenda is as follows:
-Presentation of 50-Year Pins
-Special Election for Trustee
-Election for Election Board
-Officer Reports
-Referral Service Discussion
Be there early to get a parking spot in the Local’s parking lot! Come
early and eat dinner at any one of the many places close by.
It any case don’t be late!
Why they’ve made viewing the Overture as ‘members only’ is yet
another pointless mystery. It seems to us that letting the public
see and read our paper might gain us a few more members.
===============
II. SUPPORT FMA PRESIDENT LISA HALEY FOR TRUSTEE THIS MONDAY!
We cannot afford a trustee position, one more sensitive than a
regular director’s seat, to go to a yes man or political operative
for President Espinosa or the current power structure. The Trustees’
integrity must be unquestionable.
The COMMITTEE is putting our support behind Freelance Musicians
Association PRESIDENT and Grammy Nominee Lisa Haley! She has
shown time and time again to hold the members, ALL the members
interests paramount. She’s also shown that she will not be cowed or
silenced, and it is her independence we need in a trustee… or an officer.
She’s also proven herself a successful business woman, running her own
business for 25 years. She is eminently qualified to look out for the best
financial interests of our investments.
YOUR CHOICE IS SIMPLE
You can either vote to continue the same political machine, one
that has failed the rank and file again and again; or you can vote
to move forward.
We choose to move forward, but that cannot happen if you don’t
show up! Please be there Monday night, April 28, 2008 at the
Local, 7PM.
ELECTION BOARD CHOICES
The longest serving members of the Election Board have proven
their integrity and honesty and should be retained. They’re long
serving members, people who have done a good job at being fair
and equal AND NON-PARTISAN.
We also hear that members Marcy Vaj and Ron Hess will be running
and couldn’t be more thrilled. These are people who we know will
not be influenced by or beholden to ANY special interest group.
These are the kind of people our Local needs.
=================
III. HEALTH INSURANCE FROM 47 WITHOUT HAVING TO QUALIFY?
At a presentation made in February at the California Conference
meeting in Honolulu a reputable health insurance broker announced
the availability of three different health insurance plans (HealthNet
HMO & PPO, and Kaiser HMO) to ALL CALIFORNIA AFM LOCALS
without having to qualify through the member’s amount of work!
The meeting was attended by representatives from most California
Locals, including President Espinosa, VP Trombetta and John Acosta.
In order for a Local to qualify to participate, each must have a
minimum of 6 members subscribe. While the rates of these plans don’t
substantially differ from those available to members publicly from
those companies, some of the co-pays and coverages are significantly
better.
YOU CANNOT BE TURNED DOWN FOR A PRE-EXISTING CONDITION
The biggest advantage is the fact that pre-existing conditions are covered
without question (though there is a 6 month waiting period for pre-existing
condition coverage for those opting for the PPO plan, unless they have been
covered by a similar plan for 6 months prior to the date of enrollment).
Several California Locals are already holding informational meetings for
their members, and many of those Locals report a very stronger interest.
Local 47 has said nothing to members about this option as far as we can tell.
With over 8,500 members, and health insurance in the forefront of most peoples’
concerns, why haven’t the officers jumped at the chance to inform us of plans that
can help those who do not earn sufficient hours to cover their families with a plan
that cannot turn you down for pre-existing conditions and has better co-pays
and coverages than they can get in the public marketplace?
THEIR ARGUMENT AGAINST IT?
Most likely, their argument will be that if members can simply buy the
insurance, they will buy it and not file SELAs, or do only NON-UNION
work. We don’t buy that argument. Members don’t do union work solely
for the health care, they use it to build their pensions. Further, if members
don’t generally qualify now, they won‘t after this coverage is available either,
so those taking advantage of the H and W contributions of members who
don’t qualify will still be able to take advantage of the majority of members
unused H and W contributions.
The other program is still there if you get the hours, but this enables others
to sign up as well. Having this coverage available could also INCREASE MEMBERSHIP.
DON’T BLAME THE BOARD
Don’t waste your energy getting angry at the board for this one.
The board members we talked to said it has never been brought up
in the boardroom, and Mr. Acosta is certainly not authorized to
talk about any such possible benefit without permission from the
President or Vice-President.
That leaves President Espinosa and VP Trombetta.
If the President and Vice-President have a good reason for not telling
the members about these new health care plans, let’s hear it. If not,
the membership should demand to be fully informed of the new
options and have the administration we elect put it into action..
=================
IV. DUES RETURN LAWSUIT GOES TO FEDERAL COURT
It seems that the (or one of the) OUTSTANDING LAWSUITS the Local
is dealing with is this Lawsuit for work dues filed by three RMA members
against the AFM and LOCAL 47! That’s right, they’re suing US as well.
The information below comes from the court documents:
YOU CAN DOWNLOAD SOME OF THEM YOURSELF AT
http://www.afm143.org/,…
To download the rest takes a bit more homework.
All documents involving this case are available to the public.
1) WHO IS SUING THE LOCAL AND THE AFM? (THE PLAINTIFFS)
RMA Members
DAVID PARMETER,
ANATOLY ROSINSKY, and
ANDREW SHULMAN,
CASE NO. CV07-07225 MMM (SSx)
2) WHO IS BEING SUED? (DEFENDANTS)
AMERICAN FEDERATION OF MUSICIANS
OF THE UNITED STATES AND CANADA
and
PROFESSIONAL MUSICIANS LOCAL
47, AMERICAN MUSICIANS
———–
3) LOCAL 47 TRIES TO BECOME NEUTRAL BY INTERPLEADING
The Local had a few options. One was to fight the charges full bore on behalf
of the AFM, their parent organization. The Local chose to do what is called
“interpleading”, which is where one part of a lawsuit tries to put itself in the
middle, and not on the side of either of the other 2 parties. This is exactly
what Local 47 did.
Part of the Interpleader statement reads:
… insofar as Counter-Claimant alleges that Defendant/Counter Claimant
Local 47 (a) is in possession of certain monies, which are claimed herein
by Plaintiffs as well as Defendant AFM; (b) Defendant/Counter-Claimant
Local 47 is disinterested with regard to whether said monies should be
distributed or awarded to either Plaintiffs or Defendant AFM; (c) Defendant/
Counter-Claimant Local 47 claims no interest in the funds at issue herein,
and: (d) this matter involves claims for (i) a breach of fair representation
and (ii) breach of Defendant AFM’s Bylaws, jurisdiction for which is invoked,
pursuant to Section 301(a) of the Labor Management Relations Act of 1947…
———
In other words, in our opinion, the Local is trying to reduce its role as much
as possible to become not much more than an observer.
Note that the above states the Local is holding MONIES and is disinterested
in who it goes to. The Espinosa Administration’s first duty is to the AFM,
not the RMA, yet they are holding monies and is not interested in who gets it?
———–
4) WHO IS LISTED AS THE REPRESENTATION FOR LOCAL 47 IN
THIS MATTER?
LEWIS LEVY
5) WHO is also listed on the advisory board of the RMALA, members of
whom are suing us?
LEWIS LEVY. (It’s in the RMA membership book.)
6) IF it was Mr. Levy who counseled our board to “interplead” in this case,
thus making them far less adversarial to the RMA, how can this be proper?
Could this be considered a conflict of interest? If so, it should be fully
investigated, but who will do it?
IF YOU DO THE WORK YOU PAY THE DUES
Ironically, it was only a few Local 47 membership meetings ago that, while
RMA members were complaining about how the AFM doesn’t deserve those
dues, it was Dennis Dreith, administrator for the Film Musicians Secondary
Market Fund himself who said, according to those present: (Paraphrasing)
“If you do the work you pay the dues.”
Would this lawsuit be happening if the Espinosa/RMA cabal had taken
over the AFM at the last convention?
Again, you’ll find the story at: http://www.afm143.org/
Please read it for yourself.
============
V. WHERE DID THIS LAWSUIT REALLY COME FROM?
In January 07, a letter written by Jeffrey Freund, Attorney for the AFM,
was sent to Michael Posner, the current lawyer for DAVID
PARMETER, ANATOLY ROSINSKY, and ANDREW SHULMAN.
This letter is being described as a smoking gun and a main basis
for their case against the AFM and Local 47 to get over 1 million
in dues back.
However, this was last January, 2007, and Mr. Posner wasn’t the
lawyer for the three current litigants at that time. Who was Mr.
Posner representing then? RMA International President Phil
Ayling.
Here is the closing paragraph from Mr. Freund’s letter (While Mr.
Posner was representing Phil Ayling and not the three current
litigants):
“I want to make two further points in closing. First, as your letter
appears to be a ” lawyers’ letter” contemplating litigation, it seems
appropriate for me to remind you of the provisions of Rule 11 of
the Federal Rules of Civil Procedure. I have successfully recovered
sanctions against lawyers whose submissions have violated that Rule
and I can assure you that I would advise the AFM to request Rule 11
sanctions in the event you choose to tile what, in my view, would
be an entirely baseless lawsuit. Second, I would like your guidance
on the scope of my ability to communicate directly with Phil Ayling
regarding electronic media issues generally during whatever period
of time that you represent him in connection with both this matter
and his information request ( a subject I am still reviewing). In the
normal course of my representation of the AFM, I regularly consult
with Phil and find his input on electronic media issues to be quite
helpful. However, I am reluctant to discuss any electronic media
issues with him while he is represented by counsel unless I can have
some precise assurance that you authorize those discussions. I regret
this, but I am afraid that the Rules of Professional Conduct leave us
with no other choice given the fact that both of your letters written
on his behalf touch on issues central to the AFM’ s electronic media
jurisdiction.”
So there it is colleagues, the link is clear and incontrovertible, Mr.
Ayling is thus far not one of the litigants, but may be soon (Read
below about class action). Further, it seems Mr. Ayling also made
a visit on his recent jaunt to the east coast to Boston, where he reportedly
visited the person who runs the blog that posted the Lawsuit info.
It certainly is not improper in any way, shape or form, but it does
further confirm Mr. Ayling’s connection to the lawsuit.
————-
This poses a few questions:
Who has been paying for Mr. Ayling’s trips?
Who is paying for the current dues lawsuit for the three litigants?
Hopefully this will all be revealed in the trial, and then we’ll let you know.
How long before the RMA rank and file wake up and demand that Mr.
Anthony rein in Mr. Ayling?
—————
CLASS ACTION LAWSUIT
According to the RMA member’s Lawyer, they are considering filing
the papers to make their case a class action lawsuit on behalf of all
recording musicians who’ve recorded under particular recording
agreements.
In the original papers, the three litigants make clear that they are
the only ones who are part of the lawsuit. If that is the case, then
this action goes directly against their stated intent.
A class action lawsuit will cost FAR MORE! Who is going to
pay for it?. It would seem the radical arm of the RMA is simply
not going to stop until the AFM is destroyed for its tens of
thousands of members, and perhaps themselves as well.
You can read more about this at:
http://www.filmmusicmag.com/?p=997
You can read the Jeffrey Freund letter here:
http://www.filmmusicmag.com/nref/AFM042208-1.pdf
=================
VI. WRITE COUNCILMAN ERIC GARCETTI ABOUT CAPITOL STUDIOS
In case you didn’t read the latest from Local 47 you should.
Capitol Studios could be in danger. This is from John Acosta:
Our Capitol Studios at Risk
John Acosta, Local 47 EMD Administrator
This past Tuesday afternoon found me in unfamiliar territory;
Los Angeles City Council chambers. My job was to represent
Local 47 members in a hearing that could impact our community
of musicians deeply – the preservation of Capitol Studios
recording facilities.
We have recently learned that our beloved Capitol Studios is at
risk of being severely impacted by a developer’s plan for new
construction. Apparently, developer David Jordan has plans
underway to develop underground parking very close to Capitol’s
underground echo chambers, designed by Legendary Guitarist
and AFM member Les Paul. The echo chambers would be severely
impacted by noise during construction, with increased potential
for permanent damage. The risk of allowing this construction to
proceed may lead to a SHUT DOWN OF CAPITOL STUDIOS for
months, if not years. The closure of Capitol would have a
significantly negative impact on hundreds if not thousands of
AFM members.
Tuesday I attended the hearing by a subcommittee of the Los
Angeles City Council on the permit required for the construction.
The subcommittee decided to temporarily table the issue, and
reschedule it. This gives us time to give the Council your input.
Your union, with the support of the rank and file members, is
trying to stop the multimillion-dollar project from advancing
without a plan that incorporates intensive mitigation of the
negative impact to Capitol Studios and the famed echo chambers.
Capitol Studios is vital to our community and we have a vested
interest in keeping Capitol open without interruption. From
historic sessions with Frank Sinatra, The Beach Boys, Stevie
Wonder, Ray Charles, Bette Midler, and Barbara Streisand
(among a few) to present work being done by Prince, John
Williams, Michael Buble, The Academy Awards, The Grammy’s,
and hundreds of others, world-renowned and historic projects
have taken place at the hollowed grounds of Capitol. If we lose
Capitol, we lose a legacy, unequalled in the history of music.
I urge you all to write your City Council Representatives,
demanding that our legacy will not be destroyed. Urge them to
SAVE CAPITOL STUDIOS. City Council member addresses and
e-mails can be found at: http://www.lacity.org/council.htm
Capitol Studios is located in Eric Garcetti’s District. He is also
President of the LA City Council. He can be reached here:
City Hall Office (213)-473-7013
200 N. Spring Street, Rm 470
Los Angeles, CA 90012
=====================
VII. EVENTS, PROGRAMS
New Music @ DMOA proudly presents
TODD MILLSTEIN’S CHAMBER JAZZ TRIO
Thursday, May 1st, at 7:30 p.m.
At the Downey Museum of Art
(http://artscenecal.com/DowneyMsm.html)
10419 South Rives Ave., Downey, CA. 90241
Phone: (562) 861-0419
Admission: $10, Students/Seniors $5
Todd Millstein’s Chamber Jazz Trio features John Daversa on trumpet and
flugelhorn, Damon Zick on tenor saxophone and clarinets, and Todd
Millstein on guitar. The band’s instrumentation lends a chamber music
quality: subtle, light, and spacious. Todd, John, and Damon arrange
their original jazz, folk, pop, and classical compositions, as well as
some off-the-beaten-path covers, for this unique setting. The group takes
inspiration from Jimmy Giuffre’s bassless and drummerless trio from the
1950s.
—————-
Vocalist Tony Jones and his quartet
Sunday, May 4, 2008 (5:00 PM – 8:00 PM)
$10 cover
Tony Jones – vocals & percussion, Andy Langham – piano,
Chuck Manning – saxes,
Adam Cohen – acoustic bass
Dave Derge – drums
Vocalist Tony Jones brings his quartet to Rosalie & Alva Performance
Gallery. Tony Jones brings his experience performing in various styles
to create his own voice. His eclectic mix of original jazz and covers of
songs from the 1960’s in a jazz framework is very appealing.
http://www.cdbaby.com/cd/tonyj
http://www.myspace.com/tonyjonesvocalproject
Venue Details:
Rosalie & Alva Performance Gallery
1417 W. 8th St
San Pedro, California 90732
=================
VIII. COMMENTS
The comments below in our offerings represent
the uncensored views of the readers and not necessarily those
of the COMMITTEE. In the faith that freedom of expression
allows for the birth and ascendancy of the most beneficial ideas,
all sentiments expressed are welcome, subject to the bounds of
good taste and decorum. If you disagree with an opinion expressed
by any contributor, we encourage you to rebut it here.
—————
Thank you for continuing to fight the good fight.
—————
Paul Castillo WAS a member of the Freelance Musicians Assn for
over a year… Until he revealed that he was two-faced all along,
totally in lock-step with those trying to destroy Freelance work,
reporting to the anti-FMA members of the Executive Board on
their every move.
“We have seen too much effort toward dividing our membership.”
– What a joke! Paul Castillo divided us even more! Instead of trying
to help find the solutions we need, he sat there and pretended to
agree with Freelance concerns.
He bailed on being on David Schubach’s slate (as Vice Presidential
candidate) days before the filing deadline for the General Election –
after brochures with Paul’s name on them were printed and mailed!
Then suddenly he’s on the Local 47 payroll as “Parliamentarian” for
Hal, but (surprise!) he only points out those Parliamentary errors
that would help the Executive Board’s position, not those that would
help the rank and file.
This guy’s out to please whoever he thinks has the power.
This is an attempt to move him up the gravy train.
We don’t need another manipulator!
PLEASE just say no!!
—————–
Ok – the Committee blog is great and folks get to vent their opinions
anonymously or put their name on it – all good. We have many
problems at hand within the local and the AFM – regarding the
loss of work problem – it is all talk at this point and there is no
movement going forward towards any kind of change or implementation
of ideas. New Era scoring has made a move and I don’t know if
they are getting any market share. They’ve gone underground. The
AFM itself has started some EXPERIMENTAL ideas with employers –
with some success.
Can we all – (woops – did I say that? -never going to be all) can the
concerned people ready to make a positive change in their careers
with ideas to bring back work start meeting?? SERIOUSLY
– obviously under secrecy – the RMALA are meeting to discuss
their strategy – if you’re not in the RMALA or you could be in the
RMALA) and you want to start making changes – meetings need
to start happening with local 47 officers and AFM officers –
at this point venting on a computer brings attention to everything
but we still aren’t changing a damn thing – the work is flooding
out of town recording wise and we sit and watch it daily leave.
As a young contractor, all I see is decreasing budgets for composers
for projects with the production co. insisting on NO AFM. Sure
big budgets projects still happen….just not as much. The scales
are tipping, have tipped to the other side I think. BUT WE
NEED POSITIVE IDEAS TO START AFFECTING CHANGE….
and we need a movement – not more blogging. Actual idea
meetings with ideas to present to the AFM, not the local and
not the people that are strangling the last bit of real big recording work.
—————
My comment, ditto Rick Blanc. There is no such thing as “runaway
scoring”. That would insinuate that these recording sessions were
ours to begin with. Producers have a right to work with anyone they
wish, if this isn’t true, take them to court!
To say that the Seattle Symphony just isn’t as good as we are is
simply irrelevant. They are getting all the work they can handle,
they’re doing something right.
If the union can’t or is unwilling to offer employers a competitive
package, what good is it? I feel as though the union is actually driving
work away for the benefit of a few. Maybe the majority of us would be
better off if the union just went away. Believe me no one is going to
work
for less than they really think they are worth. No one here is going
to, or be expected to
work for $15 an hour and a bottle of vodka!
We all need to re-assess what music for film is worth to the employer
and the public.
I miss the good old days too, but they are gone forever. We are just
clinging on the
the last remnants of days gone by.
—————–
Committee, Again.. I was on the Board when I wrote the article
e-mail that circulated. “why our union doesn’t work?” Those of you
that remember. I suggested the Freelance Musicians association.
Well now that I have been out of it for some time. It’s interesting
to see that everything I said has come to fruition and become
damaging. Yes I tried. No one listened. I suggest again!! Term
Limits. Draw up the legislation for it and let’s do it. It’s the only
way to make things right. Believe me. Trust me.
Anybody game?
——————
UPI recently reported that 50 percent of the LA workforce are
immigrants. “Right now we’re headed toward becoming a Third
World City,” said Ernesto Cortes Jr., Southwest regional director
of the Industrial Areas Foundation. He described a Third World
City as one with an elite group on top and the majority at poverty
or near poverty wages. (What does that remind you of?)
I mention this not because of any antipathy toward immigrants
but rather to emphasize the magnitude of change that is upon us.
Musician union members (which I no longer am, having resigned
in protest) may want to ponder the implications of a changing city
and a changing music industry. Most Local 47 funding today comes
from 1) baby boomers and older, the majority of whom do very little,
if any, union work, and 2) what can be siphoned off of what recording
is left.
Prognosis: As the boomers retire and leave this earthly paradise Local
47 will likely collapse. This will happen in part through attrition and
in part through its inability to reform.
If there is any recording left the recording musicians could quite
possibly welcome the demise of the union; it would save them money.
If the potential for reform exists at all it should happen sooner rather
than later. Read: NOW. Humpty Dumpty, once fallen, may not be
able to be put back together again.
Rick Blanc (please attach name)
——————
Please wake up RMALA and listen to this proposition.
Some (some) recording projects are never going to generate
a back end or new uses for alot of different reasons – for
example – too small of a production budget to hire “big”
actors so therefore the product got direct to DVD…..boom.
Examination on a case by case basis by the AFM is a pain in
the ass but at least is a step for some FRONT END work.
Too bad SAN FRAN is enjoying some of it now.
BOTTOM LINE –
Front end work translates into to wages who are desperate
for them now, benefits, work dues for the local and the
Federation and the BIG ONE….money in your PENSION.
SINCE WHEN is that NOT a form of back end – and
guess what?
– it’s better than nothing at this point. Sure the Secondary
market funds are great….BUT…….if you work more front
end with benefits your pension fund will go up and up
(DAH)……..sure if you start working less with no secondary
markets those current checks will go down….BUT YOUR
PENSION IS GOING UP – and when you retire your pension
will be there SOLID with cost of living increases……another
thing – your secondary market funds checks WILL GO DOWN
when you actually retire and have no front end work, whereas
your pension will remain the same and go up with cost of living
increases. Feed your pension LARGELY NOW FELLAS.
At this point the producers of smaller budgeted projects (or
producers that DO NOT buy into the “union philosophy) do
not care about this little 1% tax that comes with union
contracts……they have all found the options. If the RMALA
doesn’t grab onto this……..look out – the ready to work people are.
==============
Colleagues,
We look forward to seeing you this Monday, April 28th, at the General
Membership meeting. Come out and Vote for Lisa Haley for Trustee
AND an independent election board!
UNTIL NEXT TIME,
THE COMMITTEE FOR A MORE RESPONSIBLE LOCAL 47