817 / NLRB / AFM / QUESTION

5/15/19

  1. WELL, AT LEAST IT’S STILL IN THE INDUSTRY
  2. LOOK AT WHO’S HAD TO CHANGE THEIR BYLAWS
  3. CLARIFYING THE UNCLEAR – WHICH IS DOESN’T
  4. A QUESTION

…Absolutely guaranteed anonymity – Former Musician’s Union officer


…The one voice of reason in a sea of insanity – Nashville ‘first call’
scoring musician



…Allows us to speak our minds without fear of reprisal – L.A. Symphonic musician

…Reporting issues the Musicians Union doesn’t dare to mention – National touring musician


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  1. WELL, AT LEAST IT’S STILL IN THE INDUSTRY

Netflix to expand again in Hollywood with two more office leases

By Roger Vincent

https://www.latimes.com/business/la-fi-netflix-hollywood-leases-20190429-story.html

Video-streaming giant Netflix continues to rapidly expand its presence in Hollywood, signing two more leases in the neighborhood and furthering its position as one of the biggest office tenants in Los Angeles.

Netflix recently agreed to lease a total of nearly 170,000 square feet in two locations, according to people with knowledge of the deals who were not authorized to discuss them.

Although the company is based in the Silicon Valley city of Los Gatos, its Los Angeles footprint of offices and production space is growing immense. Netflix occupies, or has agreed to move into, about 1.6 million square feet of space in the area.

The media company that distributes movies, television shows and documentaries will rent 100,000 square feet of offices on a campus being built on property formerly owned by the Musician’s Union of Hollywood at 817 Vine St.

It has also sublet nearly 70,000 square feet in a 1990s office building at 1350 N. Western Ave. The address is north of the 101 Freeway, which has commonly been regarded as the northern boundary of Hollywood’s business district.

Netflix is a sub-tenant there of ZestFinance, which previously occupied the building owned by LaTerra Development and Gemdale USA. Nextflix is expected to move in within two months.

The campus on Vine Street at Waring Avenue is being developed by LPC West, a division of Lincoln Property Co. The complex catering to the entertainment industry includes a new building and a renovated two-story structure built in 1950 to serve as a clubhouse and organization headquarters for the union now known as the American Federation of Musicians Local 47. It is set to be completed this year.

The company and its office landlords declined to comment on the latest leases, which were first reported by the Real Deal real estate news website.

The leases follow other large real estate deals by Netflix.

Landlord Kilroy Realty said in November that Netflix will occupy 355,000 square feet of offices in a mixed-use complex called Academy on Vine that Kilroy is building on Vine Street just south of the ArcLight Cinemas complex that is home to the famous Cinerama Dome movie theater. It is set to open in 2020.

In October, another Hollywood landlord, Hudson Pacific Properties Inc., announced that Netflix would lease all of a 13-story tower it is building on Sunset Boulevard across from Sunset Bronson Studios. That lease for 328,000 square feet is also set to begin in 2020, when the tower, called Epic, will be completed.

Netflix already occupies offices and studios on the Sunset Bronson Studios lot owned by Hudson Pacific.

Netflix, which once relied on streaming licensed movies and television shows made by other studios, is on a growth streak as it aggressively remakes itself into a Hollywood player by creating a torrent of original content. The company is expected to spend $15 billion on content this year.

To deepen its ties to filmmakers, Netflix has been in talks to buy the storied Egyptian Theatre from American Cinematheque, the L.A. nonprofit that owns the venue known for hosting special screenings and events on Hollywood Boulevard.

NOTICE TO EMPLOYEES AND MEMBERS

—————————————————————-

II. LOOK AT WHO’S HAD TO CHANGE THEIR BYLAWS

From the NLRB:

Posted pursuant to a settlement agreement approved by a regional director of the National Labor Relations Board.

An agency of the United States Government.

• Form, join or assist a union;

SECTION 7 of the NATIONAL LABOR RELATIONS ACT, A FEDERAL LAW, GIVES YOU THE RIGHT TO:

• Choose a representative to bargain with your employer on your behalf;

• Act together with other employees for your benefit and protection;

• Choose not to engage in any of these protected activities.

WE WILL NOT do anything to prevent you from exercising the above rights.

WE WILL NOT maintain overly broad language in our bylaws that interferes with your right to engage in Section 7 activity, contained in Article 8, Section 3, which provides, in relevant part: “Members shall not render musical services…. With or for people who have been employed by… or are otherwise associated with organizations or establishments that are listed on the International Unfair List.

WE WILL NOT in any like or related manner restrain or coerce you in the exercise of your rights under Section 7 of the Act.

WE WILL rescind and remove the overly broad language, described above, from Article 8, Section 3 of our bylaws.

AFM and it’s locals 66, 542, 148-462 and 285-403


III. CLARIFYING THE UNCLEAR – WHICH IS DOESN’T


———————————————————

FROM THE AFM

Dear Members:

In further clarification to our notice dated May 2, 2019, referenced above, please be advised that our International Unfair List remains fully intact and absolutely enforceable against employers and their allied contractors and subcontractors whose unfair actions result in the existence of a primary labor dispute with the Federation and/or its Locals.

You received the above-referenced notice in connection with our placement of a national contractor on the International Unfair List, who reacted to that by filing with the National Labor Relations Board a series of unfair labor practice charges against AFM and numerous Locals.  All of the contractor’s charges were dismissed as lacking in merit, and all subsequent appeals were denied.  The NLRB, however, did find that the wording of a portion of AFM bylaw Article 8, Section 3, was overly broad, and as such, hypothetically could extend inappropriately to neutral parties who have no stake in a primary labor dispute.  At the same time, the NLRB expressly noted that there is no evidence that AFM ever actually applied the bylaw in an unlawful manner.  Nevertheless, the NLRB required us to revise the wording of the bylaw as a precaution.

 Unfortunately, the confusing text of the email blast that was sent to members was determined by the NLRB.  I apologize for any confusion it has caused.

Thank you,

————


American Federation of Musicians
of the United States and Canada
1501 Broadway, 9th Floor
New York, NY 10036

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IV. A QUESTION


There have been several interpretations of the above by different musicians and members.

Some have interpreted the initial NLRB statement to say the union cannot go after musicians for any work they might do.

Others have interpreted the above to say that as long as the employer is NOT on the international unfair list it’s fine to work for them, union of not.

What is your interpretation, dear reader?

If the material presented above means the union cannot come after players for non-union sessions, this allows the perceived top tier (and everyone else) to dodge the present bylaws.

How?

Some weeks ago a large (non-union) recording session took place featuring a large number of the perceived A-listers, including some on the AFM Local 47 board. This session was advertised on Facebook and other social media, and as Local 47 board members took part, the local of course knew about it.

Not surprisingly, No one from the union showed up to bust it.

If the above means that the session was fine because the contractor is not on the unfair list, that means you can work for any contractor, union or not, as long as they’re not on that list.

However, if the AFM is still pursuing anyone doing nonunion work who is a union member, then why have all those recording elites who did the session not been charged?

Thoughts to ponder.

Until next time,

THE COMMITTEE

2 Responses to “817 / NLRB / AFM / QUESTION”

  1. Steve Trudell says:

    Hello,
    Interesting blog.
    I’m well versed on the original 19 NLRB charges brought against Hair and his thugs. The true definition of the 14 guilty charges is forthcoming.

    It’s rare with the NLRB to get one charge to stick let alone 14. The AFM’s email that was sent to it’s members/musicians is a typical inaccurate AFM smoke screen. The NLRB is part of the federal government and are well aware of their latest tactics…it’s now a serious matter. Also, there are other Federal Government agencies currently investigating the AFM. Tip of the iceberg….

    Let me know if you need anything from me or my legal team.

    S

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