APOLIGYtoLOCAL47/RS ATTACKS/POSITIVE CHANGES/RUNAWAY COMMENTS/EVENTS

I. AN APOLOGY TO LOCAL 47
II. MORE ATTACKS ON THE REFERRAL SERVICE
III. THE LAST REFERRAL SERVICE WEBSITE MEETING
IV. POSITIVE CHANGES AT THE RMALA?
V. MORE RUNAWAY SCORING RESPONSES
VI. EVENTS
VII. TRIVIA
VIII. COMMENTS

===============

I. AN APOLOGY TO LOCAL 47

Earlier this week, President Espinosa used an email blast from Local 47 to demand an apology from the COMMITTEE for information we supposedly “made up”.

1) DEPOSITIONS:
Mr. Espinosa in depositions? We used information from several
highly placed sources inside and outside of the Local. We do not
make anything up and there would be no benefit for us to do so.

You can read about just one of the actions against our Local here:
http://www.nrtw.org/press/2007/10/hollywood-union-hit-federal-charge-after-union-officials-threaten-musicians-arrests. While this isn’t new and “MAY” be the complaint that was dismissed according to the President’s letter, there are other complaints that have not, as you will see below.

QUESTION:
Before you received the email from the Local, precipitated by thier latest
attempt to discredit the COMMITTEE (no doubt in preparation for the
upcoming Local elections in December), were you aware of the one
present lawsuit and the three as yet unresolved NLRB (National Labor
Relations Board) complaints against our Local?

The wording of President Espinosa’s letter begs the next question. While there
is only “one outstanding lawsuit”, are their any recent lawsuits that have
been settled, won or lost that Mr. Espinosa DID give depositions for, or were their
OTHER Local personnel who gave the depositions?

IF the information from our multiple sources about Mr. Espinosa’s depositions
was in error, we gladly give and you may accept the appropriate apology.

2) LAWSUITS:
The settlement details of the ERROL HENRY/BARBARA MARKAY
lawsuits were and are confidential, the fact that they were settled is not
confidential.
No apology there.

3) If Local 47 paid for the policy that pays any such settlement,
WE in effect paid for it.

Next Item

There is a general air of secrecy because of what looks to be
“behind closed doors” abuses of “executive session”, as was
detailed in a previous mailing. Perhaps it will be good for you
(Hal) to articulate what kind of business (in general terms) gets
the executive session treatment.

Since there seems to be nothing in the By-Laws that articulate
the subjects covered by executive session, please give the
membership some general understanding of what it is that
rightly should not be in open session. Perhaps in doing this,
you can reflect on the business that you actually discuss in
executive session and see whether all of it can be justified in
light of your responsibilities to the MEMBERSHIP.

===============

II. MORE ATTACKS ON THE REFERRAL SERVICE

At the last meeting, Member Jay Rosen seemed to do the Local 47
Officers’ bidding in enabling the overturning of a motion meant to
protect the Referral Service office from being buried in the back
of the Local.

We have it on good authority that this time, someone else will be
the board’s appointee to call for the reversing of the motion from
the October 22nd meeting, the motion that is forcing the board to
bring the RS office to the level of success enjoyed before its
gutting by the Espinosa Administration.

Disgruntled members who don’t even use the RS have been expressing
the opinion that the RS office should not be re-located but allowed to
simply disappear, because it’s brought in so little income recently.
Of course, these “disgruntled members” leave out the fact that it is
the Espinosa Administration’s gutting of the RS that has led to
this situation.

NOT USING THE RS OFFICE?

There are COMMITTEE members who have never used the RS
and most likely will not use it in the future, but we understand it’s
importance to the freelance musicians and are happy and willing
to support a service that does not benefit us directly.

We received these two statements concerning the upcoming meeting
on April 28th, 2008.

•MEMBER COMMENTS CONCERNING THE FUTURE OF THE RS.•

There is a plan afoot for the April GM:
Our EB has paid our Local #47 attorney (with OUR dues money) to
state that the Oct 22, 2007 Passed Motions (restoring the RS employees,
budget and effectiveness) are not valid because the June 2005 Special
Meeting (where FMA Members voted that the RS must stay where it
is) was not valid. They are going to argue that the Motions are tied to
the location.

Huh?? The two have ABSOLUTELY NOTHING to do with each other –
the RS will be “restored to its effectiveness” because THAT IS THE
WILL OF THE MEMBERS by legal, binding Bylaw-approved Majority
Vote. The RS location is not mentioned in the Passed Motions and has
no bearing on the situation.

The RS Committee stated at the RS meeting on May 27 that “we are in
favor of the RS being moved to the new location proposed by Amie Moore.”
(This would be the area through the double doors to the left of the Security
desk, taking out the wall of Al Rubalcava’s old office… actually an
improvement.)

This disarms the “moving the RS” argument in any case… except now the
RS isn’t going into a broom closet the way the EB wanted it to.

So… is our Executive Board now paying our lawyer to find ways to violate
our Bylaws? Whatever trick it is, you can bet we’ll all be taking notes so
we can use the same trick as well.

And we’ll be informing the Dept of Labor

—————–

“We need to make SURE we have EVERYONE at the April 28
General Meeting ˆ I just heard that certain disgruntled Members
(who don’t use the RS themselves, and have lost sight of the
purpose of a Fraternal Union) are going to try to overturn our
Passed Motions from the Oct 22 GM ˆ the Motions which are
forcing them to restore the Referral Service.

WE HAVE THE VOTES! But only if we ALL show up and vote!

Please spread the word!”

———–

Please spread the word indeed!

WE NEED YOU AT THE APRIL 28TH GM MEETING TO STAVE
OFF THE NEXT ATTACK ON THE RANK AND FILE SERVICES.

================

III. THE LAST REFERRAL SERVICE WEBSITE MEETING

The last RS website meeting was, from all reports, well attended
and very informative.

OTHER INFORMATION LEARNED:
•Local 47 RS Website programmer Ray Garcia gave the attendees
information that the website is still under construction. Several
suggestions for improvements were made by members. He informed
those in attendance that they just changed the system so it will update
in one day instead of a week, and the member can see previews, etc.

•Secretary Lashinsky, who attended the meeting, was reminded
that members are expecting the Executive Board to abide by the
passed motions from the Oct 22 general meeting, one of which
says they must “restore and then surpass” the highest level of
effectiveness of the RS, and its advertising budget.

•The RS Committee made clear that as members of the Local, they
deserve all information on the building, running and maintaining
of the RS Website as well as being able to express suggestions or
complaints.

•Lastly, it was pointed out that the Referral Service Committee
is expecting the RS to make regular outgoing phone calls to
chambers of commerce, city halls, film companies, other long-
time clients, etc – like it used to under David Schubach and Errol
Henry.

Thank you to the Referral Service Committee for keeping the
meeting open and honest!

Bravo!

==============

IV. POSITIVE CHANGES AT THE RMALA?

It would seem that by many measures, the election of Pete Anthony
to the Presidency has been a good thing.

Improvements we’ve seen:
1) Promising communications are open with the AFM for the first
time in years.
2) They are trying to communicate with their members in a
more transparent way. (A series of meetings at area homes is
scheduled.)
3) They are acknowledging for the first time the fear of retaliation
for speaking truth to power by enabling members to submit
questions anonymously for the upcoming meetings.

Their realization of this fact, one they have refuted for YEARS, can be
a big step toward changing other conduct.

Hopefully, these meetings aren’t simply to coerce their members to pack
the April meeting to further damage the Local for the freelance and
casual musicians. That will depend on who is running them.

Given the influence of the RMA on our Local 47 board, perhaps
Mr. Anthony can remind the Local 47 board and rank and file
RMA members that it does them no harm to have a working
viable and growing Referral Service office for the rank and file
Local 47 members.

A strong RS cannot affect their ability to work one iota and its at times
like this that we have to open more work access possibilities, not shut
them down or limit their effectiveness.

================

V. MORE MEMBER RESPONSES TO RUNAWAY SCORING SOLUTION

Here are a few more responses to our “MEMBER IDEA” section.

———-

About your solutions to runaway scoring. You can’t force production
companies to work with us. Threatening to make them in-eligible for
awards will never work. Getting other unions to side with us
obviously isn’t going to happen. If we want to bring back work we
have to compete for it. We have to give the best product for the best
price, end of story. That is how the work was taken from us & that is
the only way we will get it back.

———-

Patty Zimmitti had an idea before she passed away that was very simple
and would still work. Have a Buy-out rate for films that don’t want to
sign an assumption agreement. Make the rate higher as to build in any
potential back end. Since soundtracks are dead this could be included
as well. This is exactly what London did. If you want to score in
London TODAY and not pay the higher “buy-out” rate you still can.
This is very simple and would retrieve a good percentage of the work,
not every film but most. Given the current exchange rate for London,
this is the perfect time. It could be cheaper to score here than in
London. And since London is the only competition that has equal (or
greater) quality of musicians and facilities in the world that is all
you can worry about. You can’t compete with inferior, cheap and bad
sounding orchestras and recordings. “You get what you pay for and
sometimes less”. So the AFM should be realistic and become
competitive with like product. You will never get any producer to
record here that would be willing to sacrifice quality for dollars.
The good news is that people are recording orchestras everywhere
which means that they are writing and recording orchestral music. If
we can become competitive there might actually be a chance to keep
the orchestral recording business alive in LA.

The other point that I would like to make is about this $50,000 fine
nonsense. When one wants to support a union what do you do: you
boycott the nonunion company, not the workers. It is clear as to who
these companies are. Print a boycott list. Fine the the production
companies that are also distributers. The studios own the
distribution companies that distribute all of the non-union films. If
one really wants to be tough, make the contract with the studios
include all of the films that they participate in, not just the ones
that they “produce”. This is done by all of the other unions. Fining
Pete Anthony or some poor orchestrator for trying to make a living
shows to the world how weak, pitiful and powerless the musician’s
union has become. It also does not give the people who occasionally
have some modicum of influence to keep a project in Los Angeles any
faith or desire to do such a thing.

Lastly, there is a real problem here that is eating at the very core
of what we are discussing. Because there is so little work and so few
scoring stages left in Los Angeles, there is no incentive for young
musicians to come try to become part of this system. Pretty soon, the
greed and lack of any creative approach to problem solving will
destroy whatever is left.

—————-

getting the no awards for any non-union work can work but
it will have to be with the RMALA and the AFM spearheading it to
the other unions so we “come with the lunch”

we would actually have to all work together –

—————

I really don’t think the ” Made/Scored in Hollywood or Forget
About Industry Recognition” is the proper approach. Movies will be made and
Make money with or without Hollywood. The last thing I think any Local
should do it to shut out the competition in the public eye. When the public
looses it’s respect and fascination with the glorious past of Hollywood, it will
just move on. I don’t think Paris will ever publicly shut out the Italian designers
for the same reason.

==============

VI. EVENTS

American Society of Music Arrangers & Composers (ASMAC)
welcomes

MARK ISHAM

Wednesday, April 16, 2008 – 11:30am
at Catalina’s in Hollywood

Mark Isham has earned many awards including a Grammy, an
Emmy, and a Clio, in addition to multiple Grammy, Academy
Award and Golden Globe nominations for his material both as a
composer and a recording artist. Most recently, Mark was
honored by ASCAP with the Henry Mancini Award for Lifetime
Achievement. He has composed over 75 film scores.

Please join us for a memorable and informative lunch with the
talented Mark Isham.

Wednesday, April 16th
11:30 cocktails/networking;
12noon Buffet Lunch;
12:45 Guest Speaker Mark Isham

Catalina’s
6725 West Sunset Blvd.
Hollywood, CA 90028
(1 BLOCK E OF HIGHLAND – north side of street – cor of McCadden)

Cost: ASMAC Members & Students $30 • Guests and all walk-ins $35
Parking: Valet $3.00 • Enter on McCadden – west side of Catalina’s –
lot at back

Please make reservations by Tuesday morning, April 15th @ 818/994-4661
OR by email to [email protected]
AND check out our website—www.asmac.org

————–

The Big Band Academy of America presents:
BIG BAND REUNION AND DINNER 2008
Starring the BBAA BLUE RIBBON BIG BAND
and honoring
Stan Freberg, Peter Marshall, The Modernaires with Paula Kelly Jr.
WHEN: Sunday, June 1, 2008
WHERE: Empire Room Sportsman’s Lodge, Studio City,CA
(Ventura Blvd. & Coldwater Canyon Ave)
Doors Open at 12:00 noon Lunch served at 1:00 P.M.
Program begins at 2:00 P.M.
Tickets for non-members………..$75.00
Members………………………………..$65.00
Choice of entree: Chicken, Salmon, Fruit, & Vegetarian

Make check or Money Orders payable to:
Big Band Academy of America
1438 North pepper Street
Burbank,CA 91505-1835
telephone: (818) 559-1313
E-Mail: [email protected]

the Band….Kim Richmond, Pete Christlieb, Rusty Higgins,Thom
Mason, Bob Efford, Scott Whitfield, Les Benedict, Robbie Hoiki,
Charlie Davis, Rick Baptist, Carl Saunders, Jack Feierman,Gary
Urwin, Ben DiTosti, Dave Stone, Ralph Razze, Rick Fleishman….
Pat Longo, Leader

===============

VII. TRIVIA: QOUTES ABOUT MUSIC

“I write [music] as a sow piddles.”
* Wolfgang Amadeus Mozart

“My sole inspiration is a telephone call from a producer.”
* Cole Porter

“Don’t bother to look, I’ve composed all this already.”
* Gustav Mahler, to Bruno Walter who had stopped to admire
mountain scenery in rural Austria.

“I would rather play Chiquita Banana and have my swimming pool
than play Bach and starve.”
* Xavier Cugat

“[Musicians] talk of nothing but money and jobs. Give me
businessmen every time. They really are interested in music and art.”
* Jean Sibelius, explaining why he rarely invited musicians to his home.

“The amount of money one needs is terrifying…”
* Ludwig van Beethoven

“Only become a musician if there is absolutely no other way you
can make a living.”
* Kirke Mecham, on his life as a composer

“Chaos is a friend of mine.”
* Bob Dylan

“There is nothing more difficult than talking about music.”
* Camille Saint-Sans

“I am not handsome, but when women hear me play,
they come crawling to my feet.”
* Niccol” Paganini

“Of course I’m ambitious. What’s wrong with that?
Otherwise you sleep all day.”
* Ringo Starr

==============

VIII. COMMENTS

The comments below and elsewhere in our offerings represent
the uncensored views of the readers and not necessarily those
of the COMMITTEE. In the faith that freedom of expression
allows for the birth and ascendancy of the most beneficial ideas,
all sentiments expressed are welcome, subject to the bounds of
good taste and decorum. If you disagree with an opinion expressed
by any contributor, we encourage you to rebut it here.

————

Thanks for having a place where Members can vent, be anonymous
and be taken seriously!

—————–

you gotta stop the personal digs – it only hurts the situation –
keep the personal stuff out of the war with these guys – it makes
you look bad – hurts credibility too

stick to business –

————

Sirs, I have recently begun receiving your informative emails and want to thank
you. My own story is yet another reflection of the unresponsive and unhelpful
people at Local 47. My name is Harvey Wyerman and I am recently retired after
40 years of a successful law practice. Upon my retirement my dream was to take
up my old friend the tenor saxophone and, after refreshing myself on the basics
of the instrument, join in harmonic joy with my fellow musicians while making a
buck or two to feed myself and my wife Gladys (though we do enjoy the benefit
of several generous trust funds from my various successes in public litigation). I
dug out all my old Rubank methods as well as what sheet music I had saved from
the 50’s (Ah, those were the days…) and soon was up to snuff. Joining the union
seemed the next logical step, which I did. But after that the door seemed to shut in
my face. I would frequently call the various officers and employees, wanting to
get together for a friendly “jam” or just a cup of coffee to see how I could break
into the biz but no one seemed interested in giving me the time of day. This was
not the comradery I had expected nor does it seem to reflect what all of us should
cherish; the love of music and the sheer joy of playing together and making a
living. Perhaps those people that you call the “RMA” are the ones that have taken
all the fun out of the game, or are stealing it all for themselves. Shame on them!
Please excuse the ramblings of an old man (I am in my 70s) but this thing just makes
me so angry. Please keep up your most welcome efforts on the behalf of those of us
who are not the “insiders”. And, yes, you may use my name.

[EDITOR’S NOTE: Before you can break-in you need to be known. We would
suggest as 3 possible starting points:
1) Go to the monthly Local 47 jam session
(They occur on every 3rd Saturday of the month from 1PM to 3:30 PM
in the auditorium of the Local – for questions call (323) 993-3157 );
2) Approach one of the many Big Bands who rehearse weekly about sitting
in; and
3)As you’re coming back to the sax after so long, you might also consider
joining a community wind band so you can get used to playing with a
ensemble again.]

————-

LA better wake up and smell the jet fuel being expelled at LAX with the
producers and composer teams on those very planes flying around the
world to record music written by a composer that actually lives and works
in Los Angeles.

————-

Dear Committee:

This is a post on the Film Music Magazine’s Composer’s Forum;

[“Thanks ****,

That’s too bad about the cancelation. There’s a guy out of Boston who
runs a “faux orchestra”, which is to say he programs computers with the
Vienna Symphonic Library and gives electronic concerts. I can’t think
of his name, but he has rigged a Wii controller (the motion sensitive
controller for Nintendo’s Wii video game console) to Logic via midi and
conducts (at least tempo-wise, and a little velocity sensitive
stuff-wise) his computer by the vertical wave of the controller (the vertical
pulse translates to pushing the music forward one beat).

This may seem silly, but it leaves the possibility of conducting a
single live player or a small group of live players in your home along with
your midi synth, alleviating the need for a live player to learn and
follow a click track (seems the classical players prefer to be conducted
versus following a click). The technology is still in its infancy,
and i haven’t heard of anyone trying this approach to score sweetening,
but maybe some day? And if so, you’ll possibly have a larger pool of
composers to appeal to if part of a workshop includes a synth/live hybrid
conducting component. ]

So NOW what do we (47) do to get up on this new technology?
I was going to write some parody here about fearless leadership bravely
Charging into the future. But the truth is far too sad for me to make light of it.

————-

Good evening!

Thanks for your emails which I have been receiving for quite
some time.

As a former student of Leonard Rosenman I would be interested
in attending any memorial service for him.

Could you let me know or refer me?

Thanks,
longtime Local 47 member 20+ years

[Editor’s note: We have heard nothing about a memorial. If we do
we will let everyone know.]

———–

BTW, do you think it’s better to talk out loud about folks/companies
that ‘lower the bar’ for everyone,
or sweeping their free publicity under the radar/rug?

I see that Mark’s FMN newsletter always seem to find some new person
or company that has lowered the bar and then to my dismay, seems to salute
them for their ingenuity in getting work (even if it seems that their “bait”
is some new idea of how to ‘lower the bar’ for the clients we all
seek to make their company more attractive.

This last issue seems to celebrate someone for sharing writer’s credit (and in
effect a kickback/residual payment) for contributing in the creative process
for a project. In the past and present it was always the duty of the person hiring
you to help guide the project, but to now give them a percentage of publishing
for doing so seems like a kickback and unethical behavior on the music companies
part.

I’m not surprised the official’s company hasn’t objected in today’s
atmosphere of government officials turning over their jobs to
come back and lobby the same departments they formally worked
for, etc. In the past, most companies wouldn’t stand for this type
of behavior.

After all that person is already paid a handsome salary to take
care of this type of business, they shouldn’t be acquiring bonuses
from the people they hire and over see.???

just a thought…

=============

Colleagues,

The April 28th meeting may be a contentious one, one that can take more
rights and services away from the rank and file Local 47 members. Whether
or not the Officers and special interests succeed is up to you and no
one else. It takes numbers, not just resolve.

Please join us to force the silent majority to be heard by these Local 47
Officers who again and again work to lessen the voice of the rank and
file, and further the interests of a small fraction of the 8000+ who pay
dues.

Until Next Time,

THE COMMITTEE FOR A MORE RESPONSIBLE LOCAL 47

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