Whereas, Since 2004, the terms of all Governing Board positions are staggered; and
Whereas, As a consequence, it is necessary to have one of the Members at Large elected to be a delegate to the AFM Convention in advance of the AFM Convention; and
Whereas, That election would best take place at the previous year’s ICSOM Conference, when all the voting delegates are present in the same meeting; therefore, be it
Resolved, That in the year prior to the AFM Convention, the delegates to the ICSOM Conference shall select one of the Governing Board Members at Large to also act as a delegate to the next AFM Convention; and be it further
Resolved, That in the event that the Member at Large so selected is unable to attend that AFM Convention, the Governing Board shall designate another Member at Large to serve as the delegate in his her place and stead; and, be it further
Resolved, That Section 6.c of the ICSOM Bylaws be amended to reflect this procedure.
Submitted by the Governing Board, as amended
Whereas, It may, under certain circumstances, be important to an orchestra to make use of the AFM Bylaws for issues which may not be covered in their collective bargaining agreement; and
Whereas, Many symphonic collective bargaining agreements do not have language incorporating the AFM Bylaws; therefore, be it
Resolved, That the Governing Board and the delegates to the 2005 ICSOM Conference urge all constituent orchestras to negotiate with their management to insert the following language into their collective bargaining agreement:
The AFM Bylaws are hereby incorporated herein by reference except as any may be in contradiction to the provisions of this Agreement.
Submitted by the Governing Board
Whereas, The issue of AFM orchestras traveling into, and or having a residency in a city in which the local orchestra has been shut down for any reason, has become a matter of great concern to the ICSOM Governing Board and to the many members of constituent orchestras of ICSOM, ROPA, and OCSM; and
Whereas, Those concerns are legitimate and, in many cases, crucial to the members of the defunct local orchestra in terms of their attempts to resurrect it; and
Whereas, Those concerns are shared by troubled orchestras; and
Whereas, It has become necessary for the sake of all symphonic orchestras that there be a “Code of Ethics” for touring and or residencies to which musicians and their Boards and managements may look in order to inform their decisions regarding travel into certain cities at critical times in the life of the local orchestra; and
Whereas, Article 14, Section 3 of the AFM Bylaws contains the following relevant language:
In order to prevent unfair competition, the IEB shall have the authority to establish policies and regulations affecting an orchestra “in residence” outside the home jurisdiction of that orchestra or to restrict an orchestra from performing “in residence’ in the home jurisdiction of another orchestra; therefore, be it
Resolved, That the Governing Board take the initiative of forming a committee with representatives of ICSOM, ROPA and OCSM, to discuss, debate and hopefully to come to a consensus on recommendations to the IEB for the creation and implementation of a “Code of Ethics” for touring and or residencies to which musicians, Boards and managements of symphony, opera and ballet orchestras may look in order to inform, and hopefully influence, their plans for travel and or residencies into certain cities at critical times in the life of the local orchestra in said city, to help and not harm such situations.
Submitted by the Governing Board, as amended
Whereas, It is vitally important to every organization that it remembers its origins and the reasons for its existence; and
Whereas, The history of ICSOM is rich with lessons for orchestral musicians everywhere; and
Whereas, That history must be preserved for future generations of musicians, the American Federation of Musicians, and trade unions in general; and
Whereas, Much of that history resides with former officers, founders and delegates; and
Whereas, The recollections of those devoted musicians should be taped, recorded, and made available to those future generations; therefore, be it
Resolved, That the Governing Board embark on a project designed to record and videotape interviews with as many former ICSOM officers and other contributors as possible; and, be it further
Resolved, That those recordings and videotapes be housed in a place where they will be protected and preserved, and made available to anyone interested in this unique organization.
Submitted by the Governing Board
Whereas, One of the most stressful and difficult times for any worker is during a work stoppage of any kind; and
Whereas, For musicians and other artists it is an especially painful time not only because they are deprived of their usual income, but also the opportunity to perform under normal circumstances and venues; and
Whereas, One of the ways of alleviating that pain is to get together and play music for an audience; and
Whereas, Such concerts are eminently more successful and exciting when other talented artists join them in this effort; and
Whereas, Other artists willing to come to the aid of their musician colleagues are often risking retaliation from prospective employers; and
Whereas, It takes courage, and great empathy on the part of such guest artists to join with their musician colleagues in an effort to lend their support and talent to the cause of the musicians; and
Whereas, Those artists who do so should be recognized and applauded; and
Whereas, In the recent lockout of the musicians of the Saint Louis Symphony, five wonderful artists agreed to and did perform with those musicians in joyful concerts; and
Whereas, Those artists, Benjamin Zander, Garrison Keillor and the Eroica Trio, performed services without compensation, but nevertheless with great enthusiasm and vigor; and
Whereas, In the ongoing strike by the musicians of the Montreal Symphony, three courageous conductors put their careers on the line when they agreed to conduct the musicians of the Montreal Symphony Orchestra in their strike concerts; and
Whereas, Those artists, William Henry Curry, Mario Bernardi and Raffi Armenian, also performed these services without compensation, but nevertheless with passion and zeal; therefore, be it
Resolved, That ICSOM joins with OCSM, ROPA and the entire American Federation of Musicians of the United States and Canada, and expresses its deep gratitude, respect and admiration to the Eroica Trio, to Benjamin Zander, Garrison Keillor, William Henry Curry, Mario Bernardi and Raffi Armenian for extending themselves for the benefit of their fellow artists at a time when the musicians needed them most; and, be it further
Resolved, That copies of this Resolution be framed and presented to the Eroica Trio, and to Messrs. Zander, Keillor, Curry, Bernardi and Armenian as a small token of appreciation and respect.
Submitted by the Governing Board
Whereas, The musicians of the world-famous Montreal Symphony Orchestra have gone on strike after working without a contract for almost two years; and
Whereas, Those musicians have, in the recent past, accepted substandard contracts in order to afford the management and board time to restructure, reassess, and make the operational changes necessary to support an orchestra of this stature; and
Whereas, The plight of these musicians is, in many respects, the plight of all symphonic musicians in their struggle to earn a decent living while producing great music and art to their community, their nation, and the world; therefore, be it
Resolved, That ICSOM join OCSM, ROPA and the delegates to the 96th Convention of the American Federation of Musicians of the United States and Canada who wish to express their support of the musicians of the Montreal Symphony Orchestra in their ongoing struggle for acceptable working conditions and wages.
Submitted by the Governing Board
Whereas, The musicians of the Pittsburgh Ballet have been locked out; and
Whereas, The Pittsburgh Ballet management has announced that it will be using prerecorded music for at least the 2005–06 season at all of its performances; and
Whereas, Live music is just as much a part of the ballet experience as live dancers; and
Whereas, The use of prerecorded music is a threat to all working musicians; therefore, be it
Resolved, That the delegates to the 2005 ICSOM Conference hereby express their support, admiration, and respect for the valiant efforts of the musicians of the Pittsburgh Ballet to maintain the highest standards of performance; and, be it further
Resolved, That the ICSOM delegates urge, in the strongest possible terms, the Board and Management of the Pittsburgh Ballet to reconsider their decision, to end the lockout of its musicians forthwith, and to negotiate a decent collective bargaining agreement in accordance with industry standards.
Submitted by the Governing Board
Whereas, Florence Nelson has served the interests of musicians throughout the United States, Canada, and, through her activities as AFM representative to FIM, much of the rest of the world; and
Whereas, This exemplary service included her performance as a representative of her colleagues in the New York City Opera, the members of Local 802 in New York as the head of Concert Department, and thereafter as Vice-President of Local 802, the musicians of the constituent orchestras of ICSOM through her service as Treasurer of that Player Conference, the musicians employed in the constituent orchestras of ICSOM, ROPA, OCSM, as well as other professional symphony, opera and ballet musicians as the Director of the Symphonic Services Division of the AFM, and most recently, all of the members of the AFM as the Secretary-Treasurer of the Federation; and
Whereas, The history of her dedicated service as set forth above, speaks volumes about her talent, expertise, devotion and commitment to musicians everywhere, as well as to trade unions of all kinds, through her activities at the AFL-CIO; and
Whereas, Despite the fact that, for her immediate future she will, for the first time in her adult professional life, be without a formal representative trade union position, it is the fervent hope and expectation that she will continue to be available to musicians everywhere, just as her spirit and devotion will nevertheless continue to reside in the hearts and minds of those musicians; therefore, be it
Resolved, That Florence Nelson, who was recently granted the title of Secretary-Treasurer Emerita of the AFM, be additionally granted the title of Honorary Officer of ICSOM, along with the gratitude, admiration, respect and love of professional musicians and the entire music industry in North America; and, be it further
Resolved, That this Resolution be framed and presented to Florence Nelson as a reminder to her of the gratitude and appreciation of her friends and colleagues.
Submitted by the Governing Board
Whereas, The Puerto Rico Symphony Orchestra PRSO in a struggle for survival in connection with their Board and administration; and
Whereas, The funding of the PRSO is almost entirely from the government of Puerto Rico through an agency known as Corporación de las Artes Musicales (CAM); and
Whereas, As a consequence of an extremely difficult contract negotiation, the CAM is proposing a law that would abolish the bargaining rights of the AFM Local Union representing the PRSO members; and
Whereas, Such a law, if passed, would be an unprecedented attack on the rights of musicians, and all workers; therefore, be it
Resolved, That the delegates to the 2005 ICSOM Conference implore the AFM, the Governing Board of ICSOM, ROPA and OCSM, and their legal representatives to take all necessary steps to provide trade union and legal assistance to the musicians and their local union in fighting this insidious request to deprive these musicians, and possibly other unionized workers, of their basic rights to union representation.
Submitted by the Governing Board
Whereas, For the last number of years, the officers of Local 2-197 AFM have engaged in questionable activities without consulting with or advising the Executive Board, and or the members affected by those activities; and
Whereas, During this past year said officers have interfered with, and unduly pressured the Negotiating Team of the St. Louis Symphony Orchestra such that the collective bargaining negotiations for this very important contract were fatally damaged, resulting in a substandard contract from which it will take years to recover; and
Whereas, The said officers have wrongfully attempted to deflect the blame for this interference on the SLSO musicians’ attorney, Leonard Leibowitz, and in that regard, through their own attorney interfered with and prevented Mr. Leibowitz from pursuing a legal strategy which could have resulted in a far better contract for the members of the orchestra; and
Whereas, Without consultation with, or authorization from either the Executive Board of the local or the members of the SLSO, said officers have filed frivolous charges of unethical conduct against Mr. Leibowitz with the Disciplinary Committee of the First Judicial Department in New York City; and
Whereas, The said officers, having been called to a meeting before the entire orchestra refused to withdraw said charges despite a unanimous vote of the orchestra calling upon them to do so, and
Whereas, Mr. Leibowitz has been practicing law for 40 years and has an unblemished record of ethical, indeed, outstanding conduct, together with a national reputation of expertise and excellence in his representation of trade unions in general, and especially musicians throughout the U.S. and Canada; and
Whereas, In the view of the industry, he is inextricably connected to the AFM, and musicians throughout the USA and Canada as counsel to the Symphonic Services Division of the AFM, ICSOM, and Local 802, AFM, and as a consequence these charges against him reflect poorly on all of us; and
Whereas, These actions by the officers of Local 2-197 are in violation of the provisions of Article 5 of the AFM Bylaws, in that they have interfered with the ability of the musicians’ representative in his attempts to obtain the best contract settlement, and have caused such great anguish and disconnect between the members of the orchestra and the local that the orchestra has lost all faith in the Local’s leadership and its ability to represent them; and
Whereas, As a consequence the members of the orchestra have authorized their leaders to make application to the AFM for the placement of the SLSO into the Orchestra Services Program (OSP) pursuant to its rules and regulations; therefore, be it
Resolved, That the delegates to this 2005 ICSOM Conference wholeheartedly support the members of the SLSO and urge the AFM President and IEB to review the application for OSP in accordance with the principles of due process, and as expeditiously as practicable to take appropriate measures in line with their determination; and, be it further
Resolved, That each ICSOM delegate urge his her local President to write a letter to the President and Executive Board of Local 2-197 Saint Louis MO, demanding withdrawal of the charges against Leonard Leibowitz; and, be it further
Resolved, That the Governing Board of ICSOM establish a Legal Defense Fund, funded by voluntary contributions, to assist Leonard Leibowitz with the legal bills he has already incurred, and will soon need to pay, for attorneys fees and the costs of defending himself against these frivolous charges and the attack on his reputation.
Submitted by Chris Woehr (St. Louis Symphony), endorsed by the Governing Board, as amended
Whereas, It is axiomatic that health insurance coverage is a necessity for everyone in this country; and
Whereas, The spiraling cost of health care has caused the insurance carriers to raise the premiums exponentially in recent years; and
Whereas, As a consequence, the issue of health insurance has become paramount in virtually every symphony, opera and ballet orchestra collective bargaining negotiation; and
Whereas, In order to negotiate that issue effectively, it is vital to have access to as much information about the various plan designs, claims experience, premiums, etc. of other orchestras; therefore, be it
Resolved, That the Governing Board of ICSOM appoint a committee to develop a database of the plans of as many orchestras as possible, and to make that information readily available to any orchestra upon request.
Submitted by James Nickel (Dallas Symphony), endorsed by the Governing Board
Whereas, Robert Levine has served ICSOM for so many years; and
Whereas, His contributions include acting as delegate from his orchestra, the creation of DOS Orchestra and Orchestra-L, editor of Senza Sordino, and Chair of ICSOM; and
Whereas, It is difficult, if not impossible to express the gratitude of the Governing Boards which he led, the current Board leadership, the readers of Senza Sordino, and all of us who have been informed, updated, and amused by the multitude of matters with which Orchestra-L has dealt while Robert was the Webmaster; and
Whereas, Robert is now embarking on other pursuits, e.g. his musical career, his family, etc.; therefore, be it
Resolved, That the dual epithet of Chair Emeritus and Webmaster Supreme be granted to Robert Levine, together with the reverence, respect, and gratitude of symphony, opera and ballet musicians throughout the United States, Canada, and in the countries of the world to which Orchestra-L is transmitted, and wherever Senza Sordino is read, and whichever musicians and other trade unionists that have benefited from his influence on the field.
Submitted by the Governing Board
Whereas, Lynn Rosen has served ICSOM as a delegate from her orchestra, a Conference Coordinator for a very well-run and interesting Conference, and as Member at Large of the Governing Board; and
Whereas, She will soon be actively involved in family matters which will require the lion’s share of her attention; therefore, be it
Resolved, That the Governing Board and all constituent orchestras express a deep debt of gratitude to her for the time, enthusiasm, and creativity she has brought to the organization and its constituents. It is devoutly to be hoped that she will one day in the not too distant future rejoin us in whatever capacity we can persuade her to accept.
Submitted by the Governing Board
Whereas, In the relatively short time Brian Rood has been active in the affairs of ICSOM, he has had an enormous impact on ICSOM and its constituent orchestras; and
Whereas, We have all been fortunate to have been represented to managements, boards, the ASOL, and virtually the entire field, by Brian; and
Whereas, His contributions to the Governing Board and the Conference as a whole have produced remarkable results which will continue to benefit the field for years to come; and
Whereas, His family, his orchestra, and mostly his new daughter, Grace, need him right now, and he must, as usual, follow his heart and devote the most generous amount of this time to them; therefore, be it
Resolved, That the Governing Board, the delegates to the 2005 ICSOM Conference, and the officers and staff of the AF of M, hereby express their admiration and deep gratitude for the time, energy, expertise, warmth and devotion which he brought to all of us; and be it further
Resolved, That we make him promise to stay in touch with a view to one day becoming re-involved in a leadership role in the Conference and the AFM.
Submitted by the Governing Board
Whereas, Henry Peyrebrune has given yeoman’s service as a Member at Large of the ICSOM Governing Board; and
Whereas, His contributions to ICSOM and its constituent orchestras have included extensive and invaluable analysis, advice and criticism; and
Whereas, He is leaving the Governing Board to spend more time with his family, and the imminent newest member thereof; and
Whereas, We are hopeful that one day in the not too distant future he will again give of himself to the organization and its mission; therefore, be it
Resolved, That ICSOM, its officers, delegates and constituent orchestras express their gratitude and admiration for his service and contributions to the organization, his own orchestra, and the field.
Submitted by the Governing Board
Whereas, Leonard Leibowitz has been affiliated with the International Conference of Symphony and Opera Musicians since 1971 and currently serves as ICSOM Legal Counsel; and
Whereas, He also serves as counsel to AFM Symphonic Services Division and Local 802, as well as numerous orchestras around the country; and
Whereas, His familiarity with the problems and issues facing symphony, opera and ballet orchestras in the United States is rivaled by none; and
Whereas, He has recently come under attack for his legal advice and tactics during the St. Louis Symphony negotiations; therefore, be it
Resolved, That the delegates and members of ICSOM offer and reinforce their support and admiration for Leonard Leibowitz who truly deserves the moniker Distinguished ICSOM Legal Counsel.
Submitted by the Governing Board
Whereas, The importance of the selection process of a new Music Director for any orchestra cannot be overstated; and
Whereas, Essential to the process is the input of the individuals who are most qualified to evaluate the artistic competence of the candidates, namely, the musicians of the orchestra; and
Whereas, In the recent selection process for a new Music Director for the Baltimore Symphony Orchestra, one of the major orchestras in North America, the opinions of the vast majority of the musicians were virtually ignored by the Board and Management of the BSO; and
Whereas, In addition, the views of the musicians were assailed by the Board and Management in the national media; and
Whereas, Notwithstanding this assault on them, the musicians refrained from personal attacks on either the Board or the Music Director designate, and concentrated their criticism solely on the process, to which they should be commended; and
Whereas, Such an assault on the musicians has the effect of an assault on musicians in all orchestras everywhere; therefore, be it
Resolved, That the delegates to the 2005 ICSOM Conference express their dismay about the unwarranted attack upon the musicians of the Baltimore Symphony Orchestra by members of their Board and Management; and, be it further
Resolved, That the delegates express their complete support, understanding and respect for the courage of the musicians of the BSO in this most unfortunate episode.
Submitted by the Governing Board
Whereas, US Military involvement in Iraq has been needlessly destructive; and
Whereas, Loss of life has been significant; and
Whereas, The military conflict has disrupted the progress of the Iraqi Labor movement; therefore, be it
Resolved, That the delegates of the 2005 ICSOM Conference urge President Bush to withdraw US troops from Iraq as expeditiously as possible.
Submitted by Helen Reich (Milwaukee Symphony) and Lynn Rosen (Utah Symphony), as amended.
