President’s Message – December 2016
from the desk of Dave Brown
This issue of Upbeat follows shortly after the results of the US election so I’ll begin by discussing a topic of concern for many VMA members who seek access to the American market. It is an obvious concern but too soon to know yet if the policies of the new government will become even more restrictive for foreign workers. Unfortunately P2 visa processing fees have just increased substantially and the lengthy processing times (currently almost four months) are very problematic as well. Anyone planning to tour in the US should complete and submit all necessary documentation as early as they can.
Please contact VMA receptionist Susan susan@vma145.ca for the latest information on changes to the P2 application process.
Update on VMA/AFM legal dispute
I know that those who have taken an interest and followed our legal dispute are probably wondering where things stand currently. The reason there hasn’t been an update for some time is that there hasn’t been anything particularly substantive to report until recently. I’ll update you shortly but first, for any new members and those not familiar with the situation, I’ll start with a little background history.
Since 1985, when the Seattle Symphony and Ballet musicians left the AFM and started their own union, the VMA Executive board members have had concerns about the loss of electronic media recording work. Seattle quickly became a significant location for non AFM film score recording work. Many VMA members were unhappy that this undermined the opportunity for this work to be done here and also that a number of Vancouver musicians were being contacted and asked to come to Seattle to participate in these film scoring sessions. Some musicians accepted this non AFM recording work which created considerable resentment amongst our members. The VMA board brought their concerns to the AFM administration about the difficulties this was causing for Vancouver musicians but, despite some unsuccessful attempts by the AFM to address the Seattle situation, the non union scoring work has continued.
No doubt you know Vancouver is a major film and tv production centre which has grown to become an approximately $2 billion per year industry. Our provincial government has a tax credit system to encourage film production work in recognition of the economic benefit it provides the province. Unfortunately for Vancouver musicians though electronic media recording work here has dropped dramatically in the past decade. The VMA attempted to address this serious issue at a number of AFM conferences. The internal politics of the AFM, a long story which I won’t go into detail about here, has prevented any substantive change from occurring. Somewhat akin to the circumstances leading to the demise of the record industry, a lack of quick, decisive action has led to greatly diminishing opportunities.
With the recognition that a satisfactory solution was not going to be forthcoming through AFM auspices the VMA resorted to a legal approach. It became apparent that the AFM bylaws and BC Labour law both had conflicting requirements which thwarted the VMA’s desire for status as a BC trade union. BC law requires that, to be a trade union, an organization has to have the authority to bargain locally. The AFM bylaws have certain specific provisions requiring its locals to operate under external controls from the parent union. While most VMA members work as ‘independant contractors’ or ‘freelance’ musicians there are also a significant number of you also working under various VMA collective agreements. The VMA needs to have unassailable trade union status if it is going to uphold the terms and conditions of these CBAs and have access to the Labour Relations board for grievance and dispute resolution as well as strike/lockout situations. The AFM bylaws speak to the desirability of its locals having trade union status but strangely, in some of our court proceedings, the legal counsel for the AFM has stated on several occasions that the VMA musicians are free to join another union if they want to have trade union status. This despite the fact that the AFM bylaws specifically prohibit AFM members from holding membership in other unions.
So where are we now…?
The VMA has been working in conjunction with the TMA (Toronto) and the Guild (Quebec) on the changes we would all like to see in our national CCPR (Canadian Content Production Rules) agreement. We are hopeful that we can develop changes to this agreement which will encourage more Canadian electronic media production work. The Guilde and the TMA have also taken an interest in seeing a resolution of our ongoing dispute with the AFM. This summer at the Canadian Conference representatives from the TMA and Guilde approached the AFM administration about the possibility of a mediated settlement which they encouraged us to participate in. I wrote a letter on behalf of the VMA board to CFM Vice President from Canada Alan Willaert and AFM President Ray Hair on Sept. 9th offering to participate in a mutually agreeable mediation process with the intent to resolve our dispute. I have yet to receive any response to this letter.
The VMA has a civil claims case before the BC Supreme Court to resolve our trade union status and outstanding financial issues resulting from the 14 month trusteeship of the VMA. The civil case also addresses restrictions in the AFM Bylaws which limit the ability of VMA musicians to work professionally. We will keep you informed of any substantive progress, response from the AFM or future scheduled court dates.
Fort Worth Symphony Donation
The musicians of the Fort Worth Symphony faced a protracted very difficult labour situation which thankfully seems now to have been resolved with a tentative settlement.
The Vancouver Symphony Orchestra Member’s Association (VSOMA) and the VMA partnered in sending a joint contribution of $1620.00 to support the Ft. Worth musicians. We wish them all the best and hope that settlement will enable them to move forward and rebuild.
On another note…
The VMA Board is very pleased to announce the recent appointment of Julie-anne Saroyan as the VMA’s new Interim Executive Director. Julie-anne has a wealth of arts related production and management experience. She is currently the managing director for the Turning Point Ensemble and also has her own dance company ‘Dances for a Small Stage.’ With her experience in project management she is sure to facilitate the VMA board and staff and keep us all focused and on track. You’ll be hearing from her as she implements new ideas and efficiencies for our organization.