- CARROTS AND STICKS
- COMMENTS
…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
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- AB5 Carrots and Sticks
Hello All,
The author of AB5, California’s new gig-work law, said Thursday that she’ll
seek amendments that remove some restrictions on freelance journalists and
photographers, and is eyeing further changes for musicians, small businesses
and others, as well as an assistance fund to help small nonprofit arts groups
comply.
Gonzalez said she’s calling for $20 million in the state budget to supply grants to small community nonprofit arts organizations “that make a good-faith effort to comply” with the new law. Many small theater, dance and music companies have said they operate on shoestring budgets and simply could not afford to hire all their performers and backstage crews as employees.
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In a decision issued on Monday, (2/10/20) Judge Dolly Gee of the Central Court of California wrote that that the court “cannot second guess the Legislature’s choice to enact a law that seeks to uplift the conditions of the majority of non-exempt low-income workers rather than preserve the status quo for the smaller subset of workers who enjoy independent contractor status,” adding that “the balance of equities and the public interest weight in favor of permitting the State to enforce this legislation.”
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Comment
The above does not change the fact that AB5 is the government telling citizens just under what terms they will be allowed to earn a living.
Gavin Newsom has included 20 million dollars in the budget for enforcement of AB5. Lorena Gonzalez now wants to add another 20 million to entice compliance. Lots of taxpayer dollars going toward a deeply flawed law.
The ability to earn a legitimate living under one’s own terms should be protected as a fundamental civil right. Too bad Judge Dolly Gee doesn’t agree.
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2. COMMENTS
As supervising manager and/or conductor of Opera San Luis Obispo and the Lompoc Pops Orchestra, and, as Principal Conductor for State Street Ballet Santa Barbara and Civic Ballet San Luis Obispo, and, as Principal Guest Conductor of several other entities, every year, I am responsible for the hiring of more than 400 instrumental musicians, 200 choral singers, 60 vocal soloist positions, 40 dancer roles, and lastly, 40 non-performing roles; such as directors, choreographers, stage managers, costume designers, stage assistants, costume assistants, assistant conductors, assistant directors, etc.
ALL OF THESE POSITIONS ARE INDEPENDENT CONTRACTORS!!! They take my jobs then move on to the next. Approximately 9% of those jobs are filled by union instrumental musicians – ALL OTHER POSITIONS are held by non-union member HUMAN BEINGS!
This information illustrates several important facts:
1.
Union musicians take non-union work all the time.
2. The vast majority of work in classical performing non-profit world is
produced by non-union people.
3. Union member musicians MUST take non-union work to survive.
Local 47 has never spoken for musicians. Local 47 is 100% ONLY concerned about collecting dues to fill the pockets of its executive leadership. AB5 will be overthrown and this entire negative experience suffered by artists throughout California will be remembered, recanted, and used to inspire individual union cessation, encouragement for companies to cut union ties, and finally to inform board members, patrons, and donors all around California how critical it is that they understand how utterly useless musical unionism is in today’s classical performing arts business model. AB5 will forever justify how UNNECESSARY it’s is for an orchestra to consider union membership or ANY collective bargaining negotiation.
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Thank you for taking the time to post this! If you haven’t already done so, please consider posting this (in it’s entirety) on all of the AB5 Facebook groups such as California Independent Music Professionals United, Freelancers Against AB5, etc. You are in a unique position to effectively illustrate how many different freelance positions are filled by both union and nonunion INDEPENDENT CONTRACTORS. AB5 will destroy these peoples’ livelihoods.
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It really is all hands on deck to get this earnings killer repealed! It doesn’t matter your political bent if your government is responsible for you not being able to make a legitimate living. AB5 is an equal opportunity destroyer.
UNTIL NEXT TIME
The Committee
We are a quartet and sometimes work as a string trio. We cannot pull extra money out of wedding clients to pay for the associated taxes for AB5. We will have to stop working if this law persists. Sincerely, Bette Byers
I heard this idea floated by a few people and it’s worth repeating here:
With work now disappearing at a rate (I’m in NYC and never seen it so bad) never seen before because of the Corona Virus, we all need to write the Film Musicians Secondary Markets Fund and DEMAND they release our residuals payments NOW rather than wait til July 1st.
please email: Kim Roberts at that office at
[email protected]
and cc your local president esp NY and LA
feel free to share and good luck to all out there
Mr.Music
mcauph