The WCO Musicians will be holding an information picket followed by a march on the Wisconsin State Capitol. Come stand with us in solidarity.
Todd Jelen, the Negotiating Committee Chair, appeared this morning on ‘The 8 O’clock Buzz’ program on WORT 89.9 fm. The interview starts about 12:45 into the program and covers a gambit of topics including the history of our negotiations, the current situtation, and future ramafications of the WCO Boards current course of action.
March 26, 2009 Contact: Todd Jelen
MEDIA ADVISORY Phone: 216-314-2000
Last-est, Best-est, Final-isist
Offer for Wisconsin Chamber Orchestra??
- What: WCO musicians picket WCO offices and march to Capitol to protest Board tactics in year-long contract negotiations
- When: Friday, March 27
Informational picketing at WCO offices, 321 E. Main Street , 3 p.m.
March to Capitol at 4:15 p.m.; at Capitol 4:30-5:30 p.m.
- Why: Sharing information about multiple NLRB complaints, all of which constrict Union rights to be equal partners in negotiations
Appropriate superlatives are becoming harder to find to describe the year-long negotiations between the Wisconsin Chamber Orchestra musicians and management.
That’s never been more apparent than when the board’s March 23 “last, best and final” offer included threats of a worse contract offer if the musicians did not sign this last, best and final offer before April 24. The WCO board, which already has a substantial unfair labor practice action pending before the National Labor Relations Board, may have at least one more complaint as a result of their action.
The musicians haven’t been able to get an acceptable rationale for the board’s ultimatum. “This is just game playing,” said musician spokesperson Todd Jelen. “According to our legal counsel, the words ‘last, best and final’ means exactly what they say – last, best and final. Management cannot present a last, best and final offer, and threaten that the musicians will only make it worse for themselves if they don’t sign it.”
According to Jelen, this action will join a list of unfair bargaining tactics the union has filed against the orchestra’s board with the NLRB’s Milwaukee office. The case asserts that the WCO, by taking away previously negotiated contract terms, is punishing workers for standing up for themselves at the bargaining table.
The March 23 offer from the WCO board stated that “If the proposal is not accepted by April 24, 2009, Employer believes that the plans for its 2009 Summer Concerts on the Square Program might be affected and, therefore, reserves the right to modify its proposal, including the right to withdraw and change items in this proposal.” The musicians’ legal counsel indicated the March 23 offer is also suspect in that the WCO is seeking to extend the term of the new contract from the previously agreed Aug. 31, 2013; to Aug. 31, 2014. This would knowingly violate an American Federation of Musicians’ provision requiring that contracts that extend more than five years need to be approved not only by the local musicians but by the AFM International Executive Board.
Jelen said the two sides have several times been close to a fundamental agreement on the final remaining issues that led to an Oct. 1 strike. The major non-economic proposals originally separating the two sides, such as language concerning recordings and dismissal procedures, had been resolved.
However, when a Jan. 21 musician poll turned down management’s position on the two remaining minor issues, WCO executive director Doug Gerhart, under counsel from WCO’s board, withdrew a number of previously agreed upon contract terms. “We were later told that even if we had accepted their conditions in January that the board would not have ratified the contract” Jelen said. “We have kept our musicians informed each step of the way; for the board to renege on what was negotiated in good faith with Doug is not only inexcusable, it’s illegal.”
“We are used to management and the board abusing their authority and bullying us, but to cancel concerts instead of negotiating in good faith is irresponsible” Jelen continues. “Given their track record of canceling concerts rather then negotiating fairly, I wouldn’t put it past them to cancel Concerts on the Square just for spite. The citizens of Madison deserve better.”
Feb. 27, 2009 Contact: Todd Jelen
NEWS RELEASE Phone: 216-314-2000
WCO Management is Retaliating
Against Musicians for Standing up for Their Legal Rights
One step forward and ten steps back.
That seems to be the trajectory of the long negotiations between the Wisconsin Chamber Orchestra and its musicians on Thursday after management’s negotiators reneged on previously agreed-upon provisions and submitted new proposals on mileage rates and guaranteed work that are less than even the last contract.
The strikingly altered proposals made it necessary for the union to take the new provisions back to the orchestra’s rank and file Thursday night. “Since this new proposal could significantly affect musicians’ ability to survive, we felt it was necessary and prudent to consult the musicians before responding,” said Todd Jelen, musicians’ negotiating committee member. “Although they accused us of being unwilling to bargain, the negotiating committee can’t respond to such drastic changes without consulting our members.”
Now, instead of 75 guaranteed services, the board’s new contract proposal slashes those services, and the musicians’ guaranteed salary, by 40 percent. Those guaranteed services could drop 60 percent if the board gives the musicians only six months notice. Local 166 of the American Federation of Musicians is planning to file amended charges of retaliatory bargaining and bad-faith bargaining against the WCO’s board.
The Musicians of the WCO will play a free concert on Friday, February 27th at 7:30pm. The program includes the Mozart Serenade for Wind Octet in c minor (kv. 388), the Mendelssohn a minor String Quartet (op. 13), and the Brahms A Major Serenade (op. 16). We invite you to join us for this celebration of chamber music at Westminster Presbyterian Church, 4100 Nakoma Road, Madison. Free admission.
courtesy of the Capital Times, 2/15/09:
On behalf of the tens of thousands of American Federation of Musicians members across North America, I am writing to express support for the dedicated musicians of the Wisconsin Chamber Orchestra.
Unfortunately, the orchestra’s management is embarking on an approach that hurts the orchestra, the musicians and the greater Madison community by canceling the Feb. 27 concert and insisting on the reopening of talks on issues that have already been agreed to by both sides of the negotiating table. Musicians and their negotiating committee have spent countless hours and significant resources in order to come to an agreement with management on many of the issues.
The musicians care deeply about the orchestra and the arts community in Madison. Performing in the orchestra is more than just a job — it’s a passion and an honor as a service to the people of Wisconsin. Orchestras generate income for cities, help to attract new businesses, create more vibrant and attractive communities, and help to inspire future generations to explore classical music.
By seeking to undo all the work accomplished so far in the negotiations and to cancel the next concert, management is taking a giant step backward.
I encourage everyone to support the orchestra’s musicians and help to keep the orchestra strong as a staple of Madison life. The musicians are a terrific group of exceptional artists and deserve the support of all in the community.
Thomas F. Lee, president
American Federation of Musicians
New York, N.Y.
A letter to the Captial Times from ROPA President,
Carla Lehmeier-Tatum — 2/09/2009
Dear Editor: The Wisconsin Chamber Orchestra is an outstanding orchestra and a community asset. The strength of WCO is currently threatened by short-sighted actions of the WCO board of directors and management in the course of negotiations with their musicians.
I am writing on behalf of the Regional Orchestra Players Association (ROPA) to urge the community to support its musicians and encourage the board of directors to continue the current contract negotiations with the spirit of compromise and quick resolution. ROPA represents 5,000 musicians in 77 American orchestras. Continue Reading Orchestra negotiations must resume and result in fair contract…
January 29, 2009
The long negotiations of the Wisconsin Chamber Orchestra and its musicians hit a major stumbling block Thursday. That’s when the talks turned from fine-tuning the last few minor contract details, to the musicians deciding to file a federal unfair labor practice charge against the orchestra’s management.
Until Monday, the WCO’s musicians thought they were close to a fundamental agreement on the final remaining issues that led to an Oct. 1 strike. The major non-economic proposals originally separating the two sides, such as required musician attendance and dismissal procedures, had been resolved. The remaining divisive issues were minor, such as instrument insurance during tours and the commencement of the modest salary increases. Previous talks had resulted in what Todd Jelen, the musicians’ negotiating committee chairperson, termed as productive exchanges between management and the musicians, but suddenly the tone of negotiations changed, as management seemed unwilling to compromise on the outstanding issues.
On January 21st the musicians’ negotiating committee polled the WCO’s rank-and-file on the two remaining issues, which the WCO had been unwilling to accept any compromise. The musicians rejected management’s position on those issues. WCO Executive Director Doug Gerhart answered Monday by withdrawing an unspecified number of previously resolved contract terms, and setting a January 30th deadline for an “unqualified assurance” that the musicians would play the February 27th Masterworks concert.
According to the American Federation of Musicians, this constitutes an unfair labor practice. The management’s action requiring the musicians to guarantee services before a binding contract has been signed also strips the union’s legal right to strike as a counterbalance to the employer’s power.
“This is a very frustrating time for the musicians,” Jelen said. “We’ve been negotiating for nearly a year, and have worked with management’s lawyers, and without their lawyers; with federal mediators and without mediators, trying to reach a mutually acceptable agreement.
“The Jan. 21 poll was a simple declaration of our rank and file’s sentiment on these final contract terms and their desire for compromise,” Jelen said. “For the WCO to think that it can arbitrarily abolish workers elemental right to voice what they believe, and to use the musicians’ right to union democracy as an excuse to punish them – that’s fundamentally unfair.”
According to Jelen, the unfair labor practice charge was filed with the National Labor Relations Board in Milwaukee this past Thursday.
October 30, 2008
Dear Mr. Gerhart,
I am writing on behalf of the Regional Orchestra Players Association (ROPA) to urge you to resolve the recent work stoppage of the Wisconsin Chamber Orchestra (WCO) in a way that offers the WCO musicians the respect and working conditions they deserve. ROPA is a Players Conference of the American Federation of Musicians. It represents five thousand musicians in seventy-five American orchestras all across the country.
This summer I had the privilege of working with your musicians and attended one of the WCO Concerts on the Square. During my visit, I saw first-hand the quality of the ensemble, the commitment from the community, and the realization of the WCO Board’s vision of establishing one of the finest chamber orchestras in the country.
The WCO musicians share the vision of the WCO Board of Directors. They have done their part and worked with the Music Director to create an ensemble that meets the highest professional artistic level. They deserve to have working conditions that respect that achievement.
Many regional orchestra institutions across the country are unable to offer their musicians enough work to provide a living or compensation levels commensurate with their skills. Thus, the reality of regional musicians’ lives is that they must work for numerous organizations in order to build a full time performing career and earn a modest living. The WCO musicians need the flexibility to do this, too. They cannot earn a reasonable living working solely for the WCO. To survive economically, and to keep performing at the highest level of their art (which will benefit WCO as well), they must be able to accept teaching and other engagements. The current ninety percent attendance requirement simply does not meet the professional standards of the field.
The WCO musicians also need to address fairness at the work place by including just cause protections in their collective bargaining agreement. ROPA recognizes this industry standard as an imperative in a healthy work place as it provides important protections against arbitrary or unfair termination and other forms of inappropriate workplace discipline.
The WCO is a precious resource, and a critical component of the quality of life in Madison. It is imperative that we work together to find solutions that will return these musicians to the stage. We on the ROPA Board believe that it is time for the beautiful sounds of the Wisconsin Chamber Orchestra to fill the community’s newly restored historical theatre. We call on management to meet its musicians’ legitimate needs.
Oct. 23, 2008
Contact: Todd Jelen
Wisconsin Chamber Orchestra Management Hit With NLRB Complaint
The strike impacting the Wisconsin Chamber Orchestra took a legal turn Tuesday as the group’s musicians socked the organization with an Unfair Labor Practice Charge with the National Labor Relations Board.
The strike, which began Oct. 1 over largely non-economic provisions, has already canceled several of the ensemble’s performances.
The NLRB complaint centers on how management presented their October 20th contract offer and how they have retaliated against orchestra members by their cancellation of performances. The management offer indicated that if the terms of its new offer were not accepted as stated, and if a continuing work stoppage caused the cancellation of any of November’s scheduled rehearsals or performances, future offers would be regressive.
The musicians assert that this meets the NLRB’s definition of bad faith bargaining. The musicians’ legal counsel indicated that using the threat of future regressive proposals in order to impose the current proposal is generally viewed as bad faith bargaining.
The strike, which has seemed close to resolution during the past two weeks, mostly concerns job security and work rules appropriate for a part-time ensemble such as the Wisconsin Chamber Orchestra.
For instance, a major sticking point has been the board’s demand to greatly expand its capacity to terminate any musician for any reason, rejecting the necessity to prove “just cause” when firing a player. Additionally, management wants to make overnight tours mandatory for WCO musicians, thereby putting in jeopardy the musicians’ other employment.
The strike came after eight months of negotiations failed to make progress on these issues. The NLRB complaint was sent to the federal agency’s Milwaukee regional office.