ICSOM 2002 Unity Conference Report

Jay Bertolet, FPO ICSOM Delegate

Day 1

Morning Session

Officer Reports
D. Angus - Sphinx Competition support continues. Strike Fund issue to be addresses soon. Issue being explored involves making financial support contingent on actual support of the strike effort.

M.Plaine - No 2001-2002 Directory. Whole new system being installed to help produce the future directories. This new system will be similar to the current system used to do the Wage/Scale charts.

S.Tretick - Delegates are responsible for forwarding the annual dues bill to whomever is going to pay it.

M.Schweitzer - New digital camera is going to allow her more opportunity to embarrass conference participants.

T.Hall - No nominations from the Nominating Committee. Candidates seeking election will announce their own candidacies at their own time and in their own way. Nominations from the floor were taken and are as follows:
Chair - Fred Sautter
President - S. Tretick
Secretary - L. Lewis
Treasure - S. Weber
Editor - M Schweitzer
Nominations open until Saturday

BREAK

Current legal council retained for another year at the pay rate of $36,000.00 for the year.

Formation of an Ad Hoc committee to study the Conductor Evaluation Program. Committee will review the program and make recommendations regarding future running of the program. Dave Angus will chair.

B.Buckley/Media Report - Recommendation of the Media Committee to extend the current internet agreement to 2004. Advisory coming to rescind standing advisory regarding simulcast internet broadcasts which may now be covered under the new digital acts.

Digital Millennium Copyright Act
Copyright Arbitration Royalty Panel
Librarian of Congress

Establishes payments for transmissions over the internet. Librarian of Congress has some authority to affect specifics. When negotiating local radio deals, if simulcasts are involved, include the phrase in the contract: "We do not surrender any rights due under the Digital Millennium Copyright Act."

There was some discussion of Resolution #1 which deals with surveying member orchestras about media issues but discussion was delayed until the afternoon session.

END OF MORNING SESSION

Resume discussion of Resolution #1.

Main issue of Resolution #1 is how best to get a complete response to the media survey that was mandated at last year's ICSOM conference. Discussion revolved around whether it would be best to have every member of every orchestra fill out the survey or whether it would be better to have each orchestra's player committee fill the survey out, in consultation with the members of the orchestra. The AFM wants as complete information as it can get to formulate as comprehensive a plan for EMF negotiations as possible. The question is how best to get that.

Amendment proposed to Resolution #1 that supports the "every musician filling out a survey" viewpoint.

Amendment #1 failed. Resolution #1 passed.

BREAK

More nominations: Treasurer - Jan Gippo

Chair report - Internship committee made little progress. Chair attended a Mellon Foundation meeting. Sphinx project continues. Financial database for ICSOM just didn't get done, too many other concerns. Unity II planning accomplished, some problems but no more than usual. TEMPO revitalization project proceeding. Work hardening task force formed and proceeding. New language to be presented.
New items - ASOL approached ICSOM about a joint effort for health care initiative. Resolution pending. Phoenix situation addressed. Press blackout hurt that situation. Attended AFM convention and presented award to Paul Judy. Attended Salzberg Seminar on orchestra issues. Lot's of positive exchange with orchestra managers from around the world. General feeling that orchestras do have a long term future, if rough in the short term. American managers may be the best but have much more to deal with. Government income a fool's paradise. Endowment incomes tanking, causing whole new issues for even well funded orchestras.

Media (EMF) meetings not well attended and nothing of substance got accomplished. Meeting in Milwaukee positive but nothing concrete.  Basically, there was a lack of consensus on just about all issues. Some allegations of foot-dragging. Tom Hemphill quit because of these issues.
Lot's of frustration over the lack of progress.

Concertworks program up and running as a 501C3 corporation. Equal representation. Grant requests out for startup funds. No money yet but proceeding.

DAY 2
Plenary Session
Introductions

Tom Lee - Pension fund having no trouble because of economic downturn, plenty of cushion. Vesting arbitration won, figure remains at $1500.00 annual income to qualify. Death benefit arbitration lost, death benefit now 100x the age 55 benefit. Unfortunate but you can't win them all.

PR concerns going to be addressed more aggressively now. This is where the fight seems to be going now on all fronts. We need to all be on the AFM Email List. This allows the AFM to mobilize us quickly when needed. We also need to prepare to exert peer pressure on our friends in Seattle who are doing non-union scoring. The AFM will let us know when they need
our help.

INS is undermining our job security by allowing foreign orchestras to come here and displace union musicians from recording jobs here in the US. Tom predicts that this will extend to all facets of our workplace soon. TEMPO will be crucial in this fight.

Charles Olton, ASOL - League's efforts to help composers and conductors.

Music Alive - Helps composers get performances of new works. ASOL believes new music needs to succeed. Actively supporting this program. Cited examples of Swoboda/Helena Symphony and Golychov(sp?)/LA Phil.

Conductors in the US have little or no opportunity to advance themselves and their craft. ASOL believes Toscanini model is inappropriate for today's environment. Aspen Academy helps off-podium conduct as well as on-podium.

New Jersey Symphony Orchestra program, instituted last month, combines young conductors working with NJSO on new music with the composer in attendance. Mentoring approach also employed involving musicians and this started much good discussion. Similar project coming up in LA.

David Jandrisch - Canadian report
Elizabeth Whitlock - Canadian report

Florence Nelson - 9/11 and stock market crash have severely hurt all orchestras. Consolidation of industries (recording, etc.) also a problem. EMF has occupied the rest of her time. Search goes on for a large scale health care setup that will be wider in scope than local. This year's questions? We must get our members to read the EMF report and then fill out the survey. Possible dues increase to accommodate larger issues and fund actions on those.

Janice Galassi - Don't take what we have for granted. Hard work produced it. 9/11 and economic downturn have really hurt all orchestras. Some orchestras in trouble even before those events. SSD staff is good. Negotiators Chris Durham and Nathan Kahn. Three newly organized orchestras. Also requests from others for help in organizing. Debbie Newmark doing lots of work helping orchestras with recording issues. Presentations to younger (college) musicians, done before they enter the field, is helping to avoid misunderstandings and bad decisions these new workers might make.

Laura Brownell - AFM/SSD Canada

Karen Schnackenberg - Major Orchestras Librarians Association
Librarian input to the final product is valuable. No longer just a frivolous position, now a chosen profession with serious demands. MOLA is trying to develop improvements on all fronts of the music process. Librarians should be in the collective bargaining unit.

END OF SESSION

EMF Report -Handout distributed consisting of the Fact Report on the state of the symphonic recording industry and the survey which we (the FPO Orchestra Committee) will be expected to explain, and facilitate the completion thereof.

The EMF and its functions to date are an outgrowth of the media negotiations 3 back (the one before the last one). In that negotiation, the recording companies pitted symphonic musicians against recording musicians (RMA).

The way the recording companies accomplished this was by using us to hold the RMA contract hostage. They gave us the ultimatum that if we didn't sign a deal with them that contained concessions, they would refuse to negotiate with the RMA at all. This action drew the RMA and us together instead and forced us to work together. Discussions in the last negotiation led to the formation of the current EMF and, after expansions of the committee and the scope of technologies they would explore, we ended up where we are today.

There was some discussion about the information presented but nothing concrete to report. Some details, some clarifications but nothing unusual.

There was considerable discussion about the format of the survey and the Fact Report, discussion about how the EMF functioned, and about the recording industry in general. In essence, the EMF is depending on the results of the survey to give them a clear indication of what direction the membership want them to take the current negotiations.

END OF SESSION

New nominations -

President - Brian Rood
Secretary - Laura Ross

Town Meeting -

Basically this was one large, long complaint session over issues on the governing board of ICSOM. We, as an organization, have some huge governance issues to contend with in the short term. For example, this last year saw a mostly dysfunctional governing board and executive committee. Both bodies had instances where communication was inconsistent, issues were only discussed by certain factions and power struggles abounded. Ultimately, this kept either entity from functioning as it should and there were issues raised that were not dealt with.
For example, the hiring of the current director of SSD (Janice Galassi) is mandated by AFM bylaws to take place after the consultation and approval of the major player conferences. The player conferences did come to a consensus and submit a unified list of names for consideration. AFM president Tom Lee chose a person who was not on that list. Further, AFM bylaws also mandate that there be a steering committee charged with the oversight of SSD. Said committee should meet at least once per year. It has not met at all in the past year. Despite the fact that some opinions are that the SSD is not running well, nothing has been done to pursue the inappropriate hiring of the current director of SSD or done to initiate a convening of the steering
committee. Most of this discord has been manifested in the EMF discussions and issues. These divisive issues have polarized both sides and, with no positive working relationship, both began pursuing their own agendas and the shooting began. Added to that is the possible interference by the AFM in the EMF negotiations. There are some who believe that the AFM is purposely
trying to stall the process until they can get an ICSOM governing board that will do what they want, something the current governing board will not do. If this is true, as alleged, this is a SERIOUS problem that could cause a separation of ICSOM from the AFM. To avoid this, it is
crucial that ICSOM get its house in order. We must be prepared to deal with the power struggle to come. Re-establishing ICSOM's place in the power structure with the AFM will be a difficult task after all the time that ICSOM has allowed the AFM to allegedly violate bylaws regarding ICSOM issues, like the SSD situation. (See Tom Lee's comments on Day 4 regarding these issues)

DAY 3

Plenary Session - Artistic Decisions: Who decides what?

The study of the effectiveness of organizations' artistic decision policies was based on three criteria:

Task completion
Evolution of organization
Advancement of the individuals

Best group ended up being a string quartet because they were collaborative in nature and clearly the best in all three categories.

What is artistic leadership?

How does Europe handle these issues versus the US? Europe is more free to express desires and affect change in the organization. Not traditional union situation. Conductors are more colleagues than boss. Not "music police" situation.

We must be careful not to cross over into the hiring/firing of musicians. Legal issues will bother the union if we do.

Artistic Quality Ad Hoc Committee - This is a committee in Dayton that allows review of the past season's artistic issues. This includes review of the conductor's performance and allows for musicians to anonymously submit their views. Committee made up of two musicians, chairman of the board, and eight knowledgeable board members. This gives a forum for all constituencies to air their opinions about artistic issues.

Is the traditional model of music director leadership under a period of evolution? Many signs point to this. Perhaps the traditional role is no longer the best one.

In european orchestras, despite the control musicians have in hiring and firing conductors, musicians don't second guess artistic decisions in real time. This seems to be avoided because the musicians hire conductors who take positions the musicians are in favor of.

This is not really a viable system for the US because of the role of management in the hiring and firing of musicians. In fact, european musicians are reticent to even talk about how they handle these issues in their orchestras. Still, the style of this kind of relationship could be adapted somewhat for american orchestras.

We should be examining some sort of bi-directional review system for our staff. This type of review allows the individual to explain how things he did could have been better and what roadblocks are in the way. This type of review is the trend in the industry.

The opera and symphony worlds are completely different in how they handle artistic decisions. Traditionally in opera, there is a general manager who is the final authority on all matters, even artistic. In symphonies, that authority usually rests with the music director. Musician input and involvement should be a part of the process but not necessarily invested with ultimate authority.

The relationship between the music director and his boss in american orchestras is almost nonexistent. This prevents regular evaluations of the conductor's performance and the correction of problems when identified. Most managers are intimidated to sit a music director down and demand that they change things about how they do their job.

At this point in the discussion, I presented to the panel our situation in the FPO. I left the panel with two important questions: How do we convince the board that the continued existence of the Artistic Oversight Committee is a good idea? How de we convince the board that having the AOC continue will not hamper their efforts to find a new music director. Esteemed President of the Chicago Symphony Orchestra Association, Henry Fogel, agreed to intercede on our behalf and work with our management to get the board to understand that the AOC is a good idea and that it should continue.

Musician morale makes a difference in the quality of performance on-stage. Involving musicians in the decision process invests them to the cause and will keep them engaged in following the outcome. By the same token, musicians should stay right out of the role of initiating the hiring or firing of musicians.

Any principal player coaching or collegial intervention must be done with an eye toward long term relationships. Conductors want input from principal players but shouldn't abuse that information or base their decisions solely on such input. We should always try to solve problems
amicably, without getting to the stages of dismissal or demotion. Such an approach works better than the rancorous dismissal procedure and also preserves player morale.

The Orpheus model involves principal players getting together and making artistic decisions beforehand because they don't have a conductor. This isn't practical for american orchestras but aspects of that approach could be used here. Making certain decisions (as a section) prior to the first rehearsals could be very effective and positive.

Plenary session - Orchestras in Trouble

How did you recognize there was a problem?

St.Louis - Full financial audit from Bauers revealed the problem.

Toronto - Series of concessions led to crunch. Resultant strike produced better contract and statements of change but nothing done.

San Jose - Perennially in trouble. Carrying deficit, future budgets projected with built in deficits. Some mismanagement by doing nothing until too late. No meetings, just announcement of no more cash. Institution gone very quickly.

Structural deficits (designed into the budget) are dangerous and can lead to denial of real problems.

Standardized analysis of orchestras in all financial conditions may yield signs to predict future fortunes of orchestras.

What can musicians do to help spot problems?

St. Louis - Didn't open contract but engaged musicians into "on sight oversight" in all aspects of the institution. This also promoted musicians looking at budget projections and spotting unrealistic projections. Those musicians participating had to learn how to read financial reports. St. Louis subsidized musicians training to learn these skills.

Toronto - Not really a collegial relationship in the institution. Crisis changed relationship with board and management. Restructuring of the board. CEO actually attending orchestra committee meetings. Musicians sitting on the financial audit committee.

San Jose - Knew something wrong but no real recourse. Weak board. Kept hiring executives that couldn't perform effectively. Musicians need to evaluate the board members and keep a handle on the successes. Most effective way to affect change on the board is to make allies among strong board members. These alliances could then be used to help remove bad board members.

Issue is leadership versus power. Leadership means committing to hiring the best people for jobs. Power means hiring inferiors and then being dictatorial.

Musicians need to make their views known to boards and managements, in such a way as to let them make changes and then take credit for it. Getting first class administrators is a crucial first step.

What issues affected board leadership longevity?

St. Louis - Lots of turnover because of burnout. Executive director much more turnover. Still looking for ways to retain the best folks.

San Jose - Not much turnover. New board members need to be mentored in how to function effectively on the board. SJSO had lots of incompetence on their board because of lack of training for new members.

Toronto - Lack of good leadership on the board. No requirements for membership.

A strong functional board is crucial to successful institutions.

St. Louis - Making steps to normalize relations between board and musicians. Also required lots of creative thinking that defied traditional models. A change in the traditional models, like the 52 week season, were necessary for success.

Toronto - Decline of government money precipitated budget problems in canadian orchestras.

Lots of orchestras with troubles on the horizon. NY Phil., Baltimore, others.

We should consider pressing the AFM to fund an annual financial review for all ICSOM orchestras. Moneys available from work dues, would cost approx. $250,000.00 per year. This information would allow us to predict financial problems and, perhaps, avoid them.

END SESSION

Music and Wellness -

We must change our mindset to be more relevant to our audiences. This leads to using music as a sort of therapy in rough times. Once you understand this, tell your friends about how it helped you. Also, the exposure of the process may lead to more ticket sales in the community.

CHECK INTERESTING CLAUSE IN PITTSBURGH'S CONTRACT THAT GIVES PLAYERS AN EXTRA WEEK OF VACATION IF THEY DO EIGHT "COMMUNITY SERVICE" SERVICES IN A SEASON

This also works for yourself. Try playing music when you're ill or depressed and see what effect it has on you. Different pieces might have different effects. You can also choose pieces that are relevant to you personally. Religious, familial, cultural, etc.

DAY 4

Breakout Session - How to read a Bauers audit.

Be sure to check the disclaimer and verify that the accounting method used is the accrual method.

Some endowment restrictions are bogus legally. These funds may be used if necessary. The only legitimate restriction is donor restriction, which appears as Permanently Restricted Funds.

All states have legislation that allows a board to irrevocably restrict any funds it has access to.

Watch for any line item that supports activities outside the main purpose of the organization. Minnesota and St. Louis are perfect examples. Things like outreach programs are hurting Canadian orchestras and the donors are forcing them to do these events anyway.

Analysis of figures from at least ten years can be a good indicator of actual trends. Any deviations need to be explainable. If not, serious problems may exist. Especially where graphs are concerned, look for flat lines or slowly rising curves.

Working Capital - Current Asset minus Current Liability. This should be a positive number.

Current Ratio - Current Assets divided by Current Liability. This means for every dollar you owe, you have so much asset to pay it.

Quick Ratio - Cash plus Receivables plus Short Term Investments, divided by Liabilities.

Debt Ratio - Total Debt divided by Total Assets. Should be as low a number as possible. This number gives a long term view of the picture.

Cash Interval - Amount of days, in cash, the business can continue operations.

Defensive Interval - Amount of days, using only quick assets, that operations can continue.

Days Receivables Outstanding - Average time to collect receivables. This number should be as low as possible because the longer a receivable isn't collected, the less likely it is you will collect it.

END OF SESSION

Final ICSOM Session Convened -

Final Slate of Nominees:

Chair - Jan Gippo, Fred Sautter
Pres. - Brian Rood, S. Tretick
Sec. - Lucinda Lewis, Laura Ross
Treas. - Scott Weber
Editor - Marsha Schweitzer

CLOSED SESSION - (limited to ICSOM delegates, and AFM members Tom Lee, Florence Nelson, Janice Galassi, and Debbie Newmark)

Tom Lee - Wants to address some of the comments made during the conference regarding AFM interference in ICSOM's functioning and the negotiations in the EMF. Current chair Levine was informed of the hiring process of the new SSD director (Galassi) and he didn't object. Levine made it clear that ICSOM had a preference among the candidates but didn't object to Lee's different hiring procedure. Lee also asserted that the SSD steering committee hasn't met, to his knowledge, in the last three years. This is significant because two of the allegations made in the closed "town hall" meeting earlier in the conference were that the AFM violated their bylaws in the hiring of the current SSD director and that the steering committee is supposed to meet more often than it currently is.

EMF has been far and away the most divisive and emotional issue ever seen by the AFM. The AFM felt the EMF members were not unbiased. The AFM reasserts its policy that issues can and will be discussed with AFM members and that the AFM will continue to field phone calls from members wishing to discuss the issues. Some EMF members aren't happy about such conversations, thinking that the passage of information during a negotiation may not be in the best interest of the process.

The key is that we must not be divided. Just like this conference, unity must be our focus. Lee encouraged that members should bring issues that they have to the AFM right away rather than letting problems fester.

F. Nelson - AFM won't meddle in internal ICSOM affairs. Frustrations over EMF need to be confined to caucus. Her door is always open.

Levine - These types of closed sessions are necessary. Not bringing issues in a timely manner is a function of not knowing what the delegates think between conferences. A more liquid exchange of information between conferences might defuse these types of debates which often are ignited by misunderstandings.

Levine believes the EMF is our best shot at a truly representative body for our media related negotiations. The SSD candidate lists were presented to the AFM (this was the consensus of which candidates were favored for the newly hired director of the SSD, as decided by the chairs of ICSOM, OCSM, & ROPA) and the AFM hired someone other than the recommended candidate. ICSOM told the AFM that they would do their best to make things work with the new director.

END OF CLOSED SESSION

Resolutions -

Resolutions 2-7 passed unanimously. These resolutions include a study of health care issues, a study of the effects of aging on musicians, the formation of a pool of shared financial audits from all member orchestras, increases in the honoraria for ICSOM officers, and ICSOM bylaws revisions.

Resolution 8 was tabled indefinitely. It involved instituting term limits for ICSOM Governing Board members.

Resolutions 9-15 passed unanimously except for resolution 11, which passed but with some dissenters. These resolutions dealt with honoring ICSOM's founding members (some of whom were at the 2002 conference), honoring ICSOM's first chairman (George Zazofsky) with some sort of permanent memorial (TBD), reasserting ICSOM's position regarding the hiring of future SSD directors, submitting legislation to the 2003 AFM conference that establishes the inclusion of a rank and file symphonic musician among the trustees of the AFM-EP (Pension fund), honoring Robert Grossman (Philadelphia Orchestra) for his brewing talents, establishing a new financial network to assist ICSOM member orchestras, and authorizing the ICSOM Governing Board to find any member orchestras willing to host the 2003 conference and, if none are found by mid October, that said conference will be held in Vail, Colorado.

Resolution 16 was unanimously defeated. It dealt with forcing the ICSOM chair to produce a yearly report of every single business dealing, meeting, correspondence, and phone call at each duly convened meeting of ICSOM.

Resolution 17 was withdrawn.

[For a complete listing of every resolution (and the exact wording of same) please see me.]

BREAK

Candidates made their statements

Election & Results:

Chair - Jan Gippo
President - Brian Rood
Secretary - Laura Ross
Treasurer - Scott Weber
Editor - Marsha Schweitzer

END OF CONFERENCE


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