Issue: Counsel's Columns
ICSOM Chairperson Keith Carrick’s address at the 2024 ICSOM Conference in August raised an issue that has long flown under the radar in our orchestras: the practice of individually negotiated overscale. Citing the potential for bias and inequity, Chairperson Carrick called for an end to this practice and for orchestras to instead collectively bargain overscale for titled positions in their CBAs. … [Read more...]
Issue: Counsel's Columns
The recent Vulture article “A Hidden Sexual-Assault Scandal at the New York Philharmonic” sparked discussion on a number of topics: the union’s role in disciplinary matters; the duty of fair representation; and what happens in arbitration (among others). What follows is a list of Frequently Asked Questions (FAQ). Not every relevant topic will be addressed, and I plan to cover much of this ground … [Read more...]
Issue: Counsel's Columns
Since the Supreme Court’s June 29, 2023 decision in Students for Fair Admissions (SFA) v. Harvard, 600 U.S. 181 (2023), hiring practices that use race as a factor have come under increasing scrutiny. Orchestra fellowship programs, which many ICSOM orchestras have implemented, are no exception. Even before SFA, musicians have asked whether fellowship programs—which often prefer or are even limited … [Read more...]
Issue: Counsel's Columns
As we head into a new bargaining season, one issue that ICSOM negotiating committees might be inclined to bring to the table concerns employer assistance with access to abortion services. Since the Supreme Court’s decision in Dobbs v Jackson Women’s Health Organization that upended decades of (what was assumed to be) settled precedent regarding abortion rights, many employees, especially those in … [Read more...]
Issue: Counsel's Columns
By Kevin Case The 2022 “bargaining season” is coming to a close. Most orchestras with expired CBAs have settled, though there are a few exceptions. I personally handled 10 negotiations, and I have some thoughts on how things went. This round of bargaining was not focused as squarely on pandemic-related issues as in 2021, though of course COVID-19 always lurks in the background. Some … [Read more...]
Issue: Counsel's Columns
Update (January 13, 2022): On January 13, 2022, the Supreme Court voted 6-3 to prevent implementation of the ETS, overruling the Sixth Circuit. The Biden administration has subsequently withdrawn the rule. Previous Update (December 17, 2021): On December 17, 2021, the Sixth Circuit Court of Appeals voted 2-1 to lift the Fifth Circuit’s stay of the OSHA Emergency Temporary Standard (ETS), … [Read more...]
Issue: Counsel's Columns
2020, our annus horribilis, actually ended with some good news: coronavirus vaccines have been approved, appear to be safe and effective, and are being distributed. A burning question among employees everywhere, including musicians, is whether their employers can mandate vaccination as a condition of coming to work. News articles have been published answering that question in the affirmative. The … [Read more...]
Issue: August 2020
ICSOM musicians are beginning to return to their halls to make music. While that is a welcome development in many ways, any return to work at this point must be accompanied by a comprehensive safety plan. Such plans are challenging to create, given the many unanswered questions about COVID-19 and the risks it poses in our unique workplaces. Nonetheless, in several ICSOM orchestras, safety plans … [Read more...]
Issue: Counsel's Columns
Symphony orchestra musicians in the United States are increasingly consumed with a single, burning question: When and how can we come back to work? Surprisingly, it appears that in some orchestras, musicians have already been returning and performing to at least some degree—for example, in small ensembles for streaming concerts at the hall—while others seem to be moving ahead with plans to … [Read more...]
Issue: Counsel's Columns
[Note: much of this article previously appeared in a message to ICSOM delegates on Delegate-L on March 10, and in the author’s blog post on March 12. Some of the material has been updated to reflect recent developments.] The COVID-19 pandemic has now severely impacted our orchestras. All ICSOM orchestras have cancelled performances and tours, for varying periods of time, sometimes voluntarily and … [Read more...]
