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Richard Dare

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Unions: Friends or Foes of the Arts?

Posted: 07/06/2012 12:27 pm

In an era some have described as the neo-gilded age of union busting, let us take a moment to note some of the good things unions do for the arts.

For the record, I am not a union member nor have I ever been one, nor do I expect to join; strictly speaking, as a manager of a public arts organization, I've been told I'm supposed to negotiate against the union's interests, that they represent the "other side." That said, I've found the union that regulates our industry has acted much more like a collaborative partner than an adversary and I suspect many others might have similar experiences.

So in the spirit of sharing ideas, and in case our experience might be helpful to anyone else, here are some things I do appreciate about working in a union environment:

1. By normalizing pay, the union provides us with the best workers.

I would hate it if larger orchestras in my geographic area could outbid me for the best musicians just because they were wealthier. But because the union more or less standardizes labor rates, I'm less likely to have great musicians choose another organization over mine simply because the other group pays a few dollars more. I want our artists to choose the Brooklyn Phil because of the exciting and meaningful work we're doing -- because of the lives we're changing, because it's fun. As odd as this may sound, when fees are standardized the only criteria left from which to make a choice is excellence.

Here's an everyday example of what I mean: If each lawyer in America charged exactly the same hourly rate, who would you choose when you needed legal help? You'd simply choose the best lawyer for the job, of course, because price would not be a limiting factor, right? The same could be said of pretty much any service one buys: If all doctors cost the same, we'd choose the best doctor available, and the less skilled ones who got no work would eventually have to find some other lines of business.

When prices are highly differentiated though, people with different amounts of money get into bidding wars and tend to pay either too much or too little for their services. It's awful to have to choose a cheaper option when you know it's not the best one. We've all been in that situation, and it stinks. No one wants second-rate legal work or almost good healthcare; and I don't think they want second-best music either.

At the end of the day, I don't want to be the cheapest orchestra in town. I want to be the best one we can be. And in this sense, the union's collective bargaining actually helps that happen.

2012-07-05-unionbutton500.jpg

2. The union provides healthcare for my employees and their families.

As a life long entrepreneur myself, I well remember many times my family and I had to survive without healthcare in the struggle to build my earliest companies. It was terrifying and my personal health suffered substantially on account of it.

I care a lot about the people I work with, and I don't want them to have to put themselves or their families at risk unnecessarily. So I'm delighted the union provides healthcare to all our musicians and relieves me of the burdensome task of administering that with our limited staff resources.

3. The union plans for my employees' retirements.

I would hate to have to manage a pension fund for such a small organization. I don't think we could do it adequately with only about 150 workers. So I'm thrilled I don't have to worry about that issue because the union has taken on the colossal responsibility of promising our musicians they'll be taken care of when they retire by managing their pension fund. We could not afford the skill in-house to do that on our own.

4. The union provides credit facilities for artists.

At risk of sounding like a labor advertisement, I noticed a Credit Union inside the local union building the first time I visited; and think that's pretty swell. Anyone who's lived as an entrepreneur, an artist or freelancer knows it can frequently be difficult to obtain simple consumer credit and quite easy to mess it up. Being a professional musician has got to be a tough lifestyle at times, I would imagine. So I'm glad the union provides these sorts of services. Musicians with money troubles bring no upside to anyone.

5. The union provides counseling services to the artists.

Surprisingly, the union even provides mental health and counseling services to its members. Can't beat that. Kudos to them for thinking of it.

6. The union has become a source of institutional memory and expertise for our organization.

The orchestra I joined, although 155 years old, has a very small mostly young staff with a bootstrap startup mentality that lacks much institutional memory or core expertise about the larger music industry. In short, we have to figure lots of things out as we go.

But because we reached out directly to the union and told them we really needed help, they've provided oodles of research, legal expertise and industry know-how to support our becoming successful. It would have been a much steeper learning curve if we'd had to figure everything out on our own; so I'm glad we didn't view the union as only an organization to negotiate pay scales with every few years, but instead considered them real partners.

7. The union might be able to help us in fund raising.

This hasn't happened yet, and I don't know if it's even possible. But often when I'm traveling to meet with funders in Washington D.C. or New York City, I wonder whether going in tandem with union leadership might make sense, because we're frequently not only talking about producing art and education (which are our core missions), but also about providing local jobs and contributing to community development, which I imagine the union folks know a thing or two about.

This is an area I think we may be able to collaborate successfully on in the future because a win by any one of us (management, labor, or the communities we serve) is a win for all of us in my book.

In the Final Analysis

The astute reader will notice that nowhere in this essay have I cited any of the traditional arguments union supporters customarily trot out: I made no mention of achieving better pay, avoiding abuses, negotiating for improved benefits, strength in numbers (whatever that means), securing better working conditions or the like. I can't opine on whether those arguments have any real merit or not. Nor have I tried to argue whether unions are a good or bad idea generally speaking. I leave those discussions to others.

I have, however, noted several specific things our union did for us and for which we are truly grateful, and observed that management partnering with the workers' union has been a very positive choice in our case, in the hope that our experience might help others too.

My own views on labor relations are substantially informed, I should note, by the writings of the celebrated 19th century art critic and thinker John Ruskin, whose series of essays entitled Unto this Last was cited by Mahatma Gandhi as one of the three most important influences of his life. (It's worth a careful read in 2012 by both management and union leaders to show us places both sides may be falling short.)

Ruskin despised socialism, but also warned that the excesses of supply-and-demand capitalism could get us into heaps of trouble if we did not contextualize capitalism within a larger framework of social justice.

We should talk about the issue of social justice in greater detail sometime later. It's an important topic. But for now, if you are required to work with a union, why not try partnering with them in good faith? The outcomes might be far better than you expect.

Thought experiment: If you could ask your union to do just one thing to help you, what would it be? How could you become true partners?

 
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07:54 AM on 07/10/2012
Thanks, Richard, for getting another important conversation started.

In light of Randy's point, I would love to see the orchestras and unions sit down with ASCAP and BMI, to come up with a viable way to allow composers to obtain recordings of our work. We composers often find ourselves in a very strange middleground when it comes to orchestras. Policies regarding archival recordings and video differ widely throughout the country; in some cases, the union gives the composer limited rights to use the recording, in some cases none, and in some cases white noise is added (to tragicomic effect).

The irony is that we composers are often just performing musicians wearing different hats. We need a comprehensive policy for acknowledging and encouraging creative work in this internet generation. Otherwise composers will continue to take their work overseas and record companies will continue the trend of recording albums/soundtracks in Prague and St. Petersburg. Which shouldn't be happening; we have great orchestras here at home!
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George Heymont
08:53 PM on 07/09/2012
For orchestras, ballets, and opera companies I would ask the union to work with arts administrators to develop a formula that could help the organization develop pay-per-view webcasts of previously-archived performances in order to help develop a new revenue stream among national and international opera/ballet/symphony fans who want more than just YouTube or Fathom Events-type distribution.

Look at what comedian Louis C.K. used as a business model and investigate how both sides can work toward accomplishing a return on investment that yields a win-win solution.

George Heymont
http://myculturallandscape.blogspot.com/2007/11/about-author.html
http://www.huffingtonpost.com/george-heymont
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Richard Dare
CEO and Managing Director, Brooklyn Philharmonic;
07:28 AM on 07/10/2012
Thanks George, great suggestions!

For readers who would like to learn more about the business model Louis C.K. is experimenting with, noted in George's Comment above, here is a good place to start:

http://www.techdirt.com/blog/casestudies/articles/20111222/12435717172/louis-ck-over-1-million-sales-just-12-days-drm-free-download.shtml

Over $1 million in sales in the first 12 days.
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Marc Kirschner
09:21 AM on 07/13/2012
George, my company has been doing just that, and started releasing ballet and contemporary dance performances on iTunes last year (search for tendutv). We've had the privilege of advising both unions and administrators for domestic and international companies work through some of their issues, and are starting to see those efforts bear fruit. The dancers' union, AGMA, has been a very positive force in this area. The domestic bottleneck hasn't been with dancers or orchestra - its been with the stagehands.
08:17 PM on 07/09/2012
very original and refreshing viewpoint on unions! speaking as a composer, i wish they could find a way to include us.
jhNY
Mercy.
12:54 PM on 07/09/2012
"My own views on labor relations are substantially informed, I should note, by the writings of the celebrated 19th century art critic and thinker John Ruskin, whose series of essays entitled Unto this Last "

Nice to see this man and this work cited anyplace for any reason. What a fine writer of English prose!
08:51 AM on 07/09/2012
I would like to applaud Mr. Dare on bringing to light his notably positive experience with the musicians' guild here in New York. Too many times, the union is attacked for negotiating and enforcing contracts that offer fair wages and benefits that protect musicians from exploitation that the true collaboration and flexibility the union offers is overshadowed. Experienced employers, Mr. Dare being one, recognize the union contract as a business model that enables commercial and not for profit arts organizations to build the kind of relationship that benefits both the organization and the musicians. We are the music, we are the experts in our various fields, and we care deeply for our art.

Tino Gagliardi
President
Associated Musicians of Greater New York Local 802
American Federation of Musicians of the United States and Canada
06:52 PM on 07/08/2012
I agree, collaboration is more productive than conflict; with specific regard to orchestral music, the survival of the art may well depend upon it. AIso, I will add Ruskin's essays to my list; thank you!
10:19 AM on 07/08/2012
The union here has died out because 1) its lax membership standards, and 2) it doesn't do much for you except take your money and tell you where you can't perform. Need players? Too bad, most of the union members still left are orchestral players, great if you're looking for a trombone,but not if you need a solo guitarist for a restaurant or a fill-in bass player for a club gig. Play a union gig and get stiffed? This happened twice- both times, I told the union rep and he said he'd "take care of it." After a week passed, I called and asked what was up. He assured me that he made sure the employer in question would never get another union band until we were paid. Well fine, but what about our pay? Oh, I was told, we'd have to pursue that on our own through legal means. Which means we were out of luck, since paying a lawyer 300 dollars an hour to collect a 600 dollar contract was not economically possible.

As to union standards and quality: my mother could join the musician's union here, and she doesn't play a thing.When I left the union, my local was run by guys who hadn't been working musicians for 20 or more years. They were older guys who go out and play a few times a year. Their wives are office holders, and their policies were set by folks who didn't really have a clue.
07:29 PM on 07/08/2012
Of course, "paying a lawyer 300 dollars an hour to collect a 600 dollar contract "would not be sensible; small claims court, on the other hand, might.

As to "lax membership standards," the union used to have "standards," but musical giants like Bix Beiderbecke were failing to pass the tests. The art of Music is simply too diverse for "standards"; a standard that might a apply to a orchestral trombone player might not apply to a fill-in bass-player for a club-date.

I agree, local unions run a whole lot better when working rank-and-file musicians stand for office (or just show up to the meetings) and participate in setting policy.
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No Drama Me
Truth & Justice are supreme.
02:38 PM on 07/13/2012
What I see as your problem with your union is that you did not get involved. The union only works if it's members get involved. You complain that the guys who were running it hadn't worked in years. That happened because those of you who were working didn't step up. You could have also solved the problem of getting your back money if you and cohorts had stepped up to the plate and had the union employ a full time lawyer for taking care of the musicians legal issues. If your union failed you, there is no one to blame but yourself and fellow members. The union can only be successful if it's members work to make it so.
05:29 PM on 07/13/2012
Kinda hard to get involved with union politics and policy when you're on the road full time as a working musician, don'tcha think?
04:49 PM on 07/07/2012
As an arts professional, I thank you for your clear-eyed understanding of the importance of our unions in making what we do possible.
03:33 PM on 07/06/2012
Thoughtful analysis. I'm sure some will find fault, but generally speaking, cooperation and collaboration have tended to produce better results for most of us. No one hesitates to admire the team work of a great basketball team, but considering the union a part of the team is a rarity. I also think it takes both to be partners, and have to acknowledge that Mr. Dare's experience has not been replicated in some instances of which I am aware. Still, it is worth the effort to try, and just might start producing a win for everyone.
09:07 PM on 07/07/2012
Great stuff. Collaborative Capitalism is more of what we need these days.