NLRB Affirms AFM Jurisdiction to Bargain Over Symphonic Media

(New York, NY) A three-judge panel of the National Labor Relations Board (NLRB) has affirmed that the Musical Arts Association (MAA), which runs The Cleveland Orchestra, violated federal labor law by refusing to bargain with the American Federation of Musicians (AFM) regarding terms and conditions of employment related to electronic media productions. The NLRB rejected MAA’s argument that it had complied with the law by making media proposals to AFM Local 4 (the Federation’s affiliated local in Cleveland). The NLRB affirmed Administrative Law Judge Eric M. Fine’s earlier finding that having signed media agreements with the Federation for many years, MAA was not free to shift media negotiations to a local basis.

“This is a resounding victory for the AFM, The Cleveland Orchestra musicians, orchestras throughout the US, and the union movement as a whole,” says Ray Hair, AFM President. “The NLRB Panel has agreed that orchestra employers are not free to turn their backs on their long-term bargaining relationships with the Federation on electronic media issues. The Federation has reached media agreements with dozens of orchestra employers, and this is allowing orchestras to create cutting-edge ways of packaging and promoting their music, a win-win for musicians and management.”

Despite warnings to orchestra managements signatory to AFM media agreements that they have a duty under the NLRA to negotiate with the AFM and not its Locals, in 2009 MAA (at the conclusion of group negotiations involving more than 70 symphony, opera, and ballet orchestra managements) began negotiating with Local 4 on electronic media topics. Alerted to this tactic by Local 4, the AFM filed charges, resulting in a complaint issued by the NLRB Region 8 Regional Director and a case that went to trial in September 2010.

In January 2011, Fine held that MAA committed an unfair labor practice when it refused to negotiate with the AFM. Fine also confirmed—contrary to MAA’s position—that The Cleveland Orchestra musicians can recognize two collective bargaining representatives, one for local matters such as rehearsal conditions and one for electronic media topics.

“This case affirms the AFM’s position as to the precise division of bargaining jurisdiction between the Federation and its Locals,” says Deborah Newmark, Director, AFM Symphonic Electronic Media. “Judge Fine’s decision made clear that the Federation’s jurisdiction over media is supported by industry practice and the union’s bylaws, as well as by MAA’s prior course of bargaining and the terms of all the relevant contracts.”