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Counsel's Columns

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The Long Road to LGBT Equality
How the DOMA Decision is Affecting the Workplace

Issue: Counsel's Columns

By Susan Martin, ICSOM General Counsel

In June 2013, in United States v. Windsor, the Supreme Court struck down as unconstitutional a provision of the Defense of Marriage Act (“DOMA”) that defined marriage as between a man and a woman for federal law purposes (and applied to over 1,000 federal laws). While we’ve come a long way from “don’t ask don’t tell” in the legal arena, there is still a long way to go before there is complete … [Read more...]

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Understanding Mandatory and Permissive Subjects Of Bargaining

Issue: Counsel's Columns

By Susan Martin, ICSOM General Counsel

Under the National Labor Relations Act (“NLRA” or “Act”), an employer must bargain collectively with the representative of its employees over matters affecting “wages, hours, and other terms and conditions of employment.” Generally, once the parties reach a good-faith impasse, the employer may implement any change in a mandatory subject reasonably contained within its final proposal. Employees may … [Read more...]

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Nobody’s Perfect (Representing Musicians with Disabilities)

Issue: Counsel's Columns

By Susan Martin, ICSOM General Counsel

Recognizing disabilities and providing reasonable accommodations as required by federal law are topics that are often overlooked or misunderstood by employers and can be perplexing for even the most experienced union representatives (and attorneys). Because the law has changed and because disability-related matters arise from time to time, the following provides a brief summary and some issues to … [Read more...]

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Employment Rights in a Virtual World

Issue: Counsel's Columns

By Susan Martin, ICSOM General Counsel

During the “Delegate Duel” at the Detroit ICSOM Conference, delegates were challenged to address a number of hot topics in the legal arena. One of these topics involved the use of social media. In the future I hope to address other issues that may affect your day-to-day handling of grievances, negotiations, and enforcement of the collective bargaining agreement. Not surprisingly, the explosion … [Read more...]

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Thoughts on Concessionary Bargaining

Issue: Counsel's Columns

The following is a reprint of an article that originally appeared in the February 2003 issue of Senza Sordino under the title “Another Opening, Another Blow.” Although some of the facts may no longer be current, the advice is. In my experience, this is the worst of times. During the last thirty years I have witnessed “troubled orchestras,” and even an occasional “lost orchestra,” but never to … [Read more...]

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The Columbus Saga, Briefly

Issue: August 2008

by Leonard Leibowitz, ICSOM Counsel

On January 18, 2008, the Columbus Dispatch reported the results of a “Strategic Plan” prepared by the board of the Columbus Symphony Orchestra (CSO). The plan concluded, and the Dispatch reported, that the CSO budget was to be cut immediately by $3 million—from $12.5 million to $9.5 million. This was to be accomplished, in part, by firing 22 of the 53 full-time musicians and cutting the 46-week … [Read more...]

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Off the Record

Issue: Counsel's Columns

by Leonard Leibowitz, (Distinguished) ICSOM Legal Counsel

Recently, a representative of an ICSOM orchestra asked me about “off the record” meetings. My definition of such meetings is that they are collective bargaining sessions which are attended by only one or two members of each team, and they are designed to create an atmosphere in which the parties can freely express their positions and exchange ideas for the ultimate resolution of the outstanding … [Read more...]

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Reflections

Issue: Counsel's Columns


by Leonard Leibowitz, ICSOM Counsel

Today’s “Peculiar Institution” The symphony orchestra is surely the only institution which, in times of fiscal distress, blames the crisis on its product and then declares that the solution lies in downgrading the quality thereof! This phenomenon was never more glaring than in the recent contretemps in Louisville, an orchestra which, after a glorious period of making some of the finest recordings … [Read more...]

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