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Benefits of the London Musicians Association
Many years ago, in the 70’s
and 80’s when I played bars, we had what we called the Musician’s Union that
you had to belong to in order to play venues and anything above that.
We had agents back then who would do all the
booking and look after the contracts the band had to sign.
Prior to 1992 – licensed agents were ONLY
allowed to book AFM members. VPC Ray Petch changed the booking agent agreement
that year, allowing for agents to book non-member bands, as long as AFM
contracts were used for members, and a generic contract for the non-members.
That was the norm back then – a contract
between the bar and the band to cement an agreement and terms of performance,
payroll and anything else agreed to with the bar. The contract protected both
parties. If the band failed to deliver on their end of the agreement the venue
had grounds to not pay the band, and conversely, if the venue failed to pay the
band as agreed, the union would go after them for the agreed amount. The hammer
here was that if venues hired non-union bands or failed to live up to their
side of the agreement, they would be put
on the
“Defaulters List”.
and no more union bands would be allowed to play that
particular club.
This list was found in the
International Musician
along-side the Unfair List, and was called
the “Defaulters List”. It was discontinued as laws in the United States changed
and made it illegal to identify employers who owed musicians money.
The terms of payment
was set by a
committee of members who determine the market for a particular category, then
recommended to
the membership
, who
then vote to make that the prevailing scale so that no one was under cutting
their peers.
Band leaders paid the union work dues for each
contract, which kept the union strong financially and for all intents and
purposes “kept the lights on”.
In those years, annual dues were in the $50
range. The theory behind work dues is that those who play the most (and are therefore
exposed to more chance of default or other contractual issues), would pay a
little more. It didn’t make any sense to charge high periodic dues to a
musician who worked very little.It’s better to pay work dues on a gig, than not
have a gig to pay work dues on.
Musicians would also take advantage of the union’s
optional benefits like instrument insurance (Your gear was in a bar for a week
at times or in constant travel in a van, so protecting your investment was
crucial much the same as it is now.)
The Musicians Pension Fund of
Canada is
entirely employer funded, which
over the length of
a long and busy career would guarantee you decent monthly pension payment when
you finally retired to that favorite porch after your playing days.
Its Members
may, however, include pension in the gross amount of the contract, and then
remit ON BEHALF of the employer, as long as the contract indicates that pension
was negotiated. It’s worth mentioning that in the 60’s through the 80’s, many
Locals had mandatory pension, and agreements with many venues who would
automatically remit pension on behalf of the band.
In those days bands were
working “week residencies” where they played from Monday to Saturday at the
same bar, sometimes a matinee on Saturdays, the times were 9-1am and venues
from Thursday night to Saturday were packed with patrons who had money in their
pocket and bands usually played in venues with large stages, lights and
PA’s. I remember being in bands where we used our own PA for shows, two
massive Peavy PA cabs that stood 5 feet tall and took an army to load in and
out. There were also “back enders” (Thursday to Saturday night) or “front
enders (
Monday to Wednesday).
Keep in mind too, people could
smoke right in the bar. There were no anti-smoking crusades and everyone knows
that a beer and a smoke go hand in hand. I smoked back then and even I came
home disgusted with the heavy smell of cigarette smoke on my clothes after a
night in a bar – so I was one of the ones who was glad when they took smoking
out of clubs.The upside – we got paid well – very well in fact and everyone was
basking in the sunshine. Bands were making good money, venues were raking in
great revenue as the bars were packed and agents could raise a family based on
all the work they got booking bands into clubs.
Then in the early 80’s things changed.
The AFM chose not to be a certified union in
Canada so that its members could be classified as self-employed, for tax
purposes. Only under certain circumstances is it beneficial to have employee
status – in some orchestras, in a
theater
pit and so forth. You were now a
dues-paying member of the Canadian
Labor
Congress. In some provinces, they
have negotiated agreements, had them ratified and then registered them with the
Labor
Board in those provinces – making them “voluntary recognition”
agreements, and giving the CFM access to the
Labor
Board as a remedy for any
labor
issues. That said, the AFM is a union in the US, incorporated in
California. As an international union, that status carries over into Canada.
.
In Canada, the big change came with the Charter
of Rights, whereby we could no longer extend our agreements to a third party.
For instance, if we had an agreement with a legion, they were compelled to hire
union musicians, as were anyone who rented to the facility, such as the father
of the bride. After the Charter came in, it was no longer legal to extend that
restriction to a 3
rd
party. The father of the bride could hire
whomever he wanted, and by extension, the bartender could hire whomever he
wanted in a venue where the owner had signed an agreement.
Another huge change happened in the United
States in approximately 1978. A National
Labor
Relations Board decision which
was imposed upon the AFM, made the bandleader the employer, not the venue owner
or father of the bride. This was because the bandleader would payroll the other
musicians and issue them 1099 tax forms. It shook the entire industry, weakened
the position of all similar unions, and while there was no corresponding law in
Canada, had an impact here as well.
Slowly the CFM started losing membership as the six-nighter's disappeared, and venues that
previously used several musicians cut back to one or two, or went with DJ’s,
karaoke, or became a sports bar. Large home entertainment systems appeared,
meaning you didn’t have to go out for your entertainment, and bars were no
longer the sole place to socialize. From a high of 350,000 members in 1985, it dropped
to about 80,000. However – the majority of the musicians that played in large
bands in the show venues and six-night cabarets left the business. Or, they got
day jobs and jammed on weekends.
This
set-back opened up a crack in what had been a solidified front between the
musicians and the CFM in terms of business dealings with the venues. The great
recession of the early 80’s was staggering to the economy as interest rates
went up to over 20% resulting in people literally walking away from their homes
as they couldn’t afford the massive mortgage payments at 20% plus – it took
nearly a decade to see any form of recovery as people were filing for
bankruptcy by the thousands and their entertainment dollars were redirected
merely trying to survive.
The venues hung in there
trying to navigate the economic storm that has encompassed the country, yet the
cost of doing business, the constant crackdown and ridiculous smoking
restrictions that seemed to change endlessly based on full moon’s, the staggering
taxes on venues and the ridiculous prices they still have to pay for a case of
beer vs. those of us who walk in off the street – and the sun was setting in
the distance for some. London had a ton of great music venues – Campbells, the
iconic London Hotel, Fryfogles, Old City Hall,
Kipling's
, The Brass Rail, The Barn, The
Wellington, The Ridout, the Talbot Block complex with Mingles, the Firehall and
the Cookery, The Abby – all of which hired bands ALL the time and were “go to”
destinations for patrons of live music. Most of those venues had great stages,
in-house PA and lights and
sound men
to go with them – for a music fan AND
musician it was heaven.
Fast forward to now – well it’s the Wild West out
there.Venues are
still
staggering under crushing government tax and
regulations. Non-smoking on patios has forced the closure of venues this year,
and some others are on the verge as their patrons, fed up with being treated
like children by intrusive government laws, opt to stay at home.The later bar
hours (10-2am) has become the new norm and effects those that work on weekends
thus causing them to not go out to live music or leave sooner than they would
want which reduces revenue for the bar. Also,
young people
who do go out to bars, now choose to pre-drink at home before going out. They
generally arrive late – after midnight – and only order one or two drinks for
the remainder of the evening, ensuring that bar profits are way down from what
they were in the 70’s and 80’s, and ensuring that the venue cannot afford live
music in a sustainable manner such as in the previous era.
Liquor laws are a lot tighter than in the 70’s & 80’s
(which is a good thing).
Musicians belong to the American Federation of
Musicians (AFM). The Canadian Federation of Musicians (CFM) is an operating
name only. Similarly, there are no CFM
Locals. The charters are all issued by the AFM. Many “bands” are not members
because we have not adequately organized in the freelance sector yet in the symphonic
and
theater
world, they are almost ALL members.
Most musicians/bands
don’t
use contracts anymore - granted a piece
of paper is only a piece of paper - but it at least gives you
some
legal
ground to stand on and it also allows the
AFM
local to help you retrieve your money should you get shafted by a shady
promoter, or the very rare venue that doesn’t pay you.
What is lost to them though by
not being a Member is among others, the Pension aspect
followed
closely by the alligator clauses against unauthorized recording or broadcast,
access to the venue by a union rep, and the fact that our newest contract has
no cancellation clause. Unless mutually agreed upon, a club owner can simply
not cancel a band with short notice because a better band because available, or
because not enough tickets were sold, or any other reason. As it was in 1975,
it still is a poor business move for a band to embark on a tour with only a
phone call or email verifying gigs are in place.
Fortunately, from my experience in London the venue owners are
reputable business people who work hard and take pride in their integrity, and
you will find that integrity throughout the vast majority of venues owners
across Ontario. Promoters’ too, for the most part, are excellent
reputable people to work for, but you must realize that it only takes 1 or 2 bad
ones to tarnish the reputation of them all.
Yet at the end of the day you HAVE to realize that
your music career is YOUR BUSINESS !
Think about it,
venue owners
sign contracts for everything else – the beer delivery, the liquor
order, food, plumbers and electricians – they only get away without signing a
contract for music because the musicians want all the money trail “under the
table” or they are afraid of asking for a contract.
It’s not a pragmatic business decision
not to obligate the employer by having them sign the contract – not only for
pension purposes and all the other reasons referenced above, but so the
musician has a record of income for tax purposes.
If you are a young musician,
the London Musicians’ Association has a wealth of members with decades of
industry experience to provide along with many resources to help you out in your
music career – and for the cost of about 45 cents a day, that’s a pretty cheap
investment in your music career.
London Musician’s Association
http://www.londonmusicians.com/
CONTRACTS
Members are provided with free Canadian &
American contracts, which provide binding protection on all engagements.
CONTRACT
DEFENSE FUND
If
members have a signed filed contract, the LMA will advance emergency funds
should they be cancelled, fired, replaced or given a NSF cheque. Then the LMA
will then handle their claim.
US
EMPLOYMENT
Through
a reciprocal agreement within the AFM, Canadian Members have access to
temporary US Work and Showcase Permits.
INSURANCE
FREE $3,000 AD & D coverage through American
Income Life (AIL) included with LMA membership.
AIL provides group rates
for medical, dental and income replacement insurance. Membership with the LMA
also provides access to affordable insurance rates and benefits though the
London Chamber of Commerce.
Through Hub Insurance, members
have access to affordable instrument insurance, travel insurance and liability
certificates for up to $2M/person. The instrument insurance also provides for
gig cancellation and income loss, as well as many other benefits.
FREELANCE SERVICES
In
addition to the LMA’s online musician/teacher search and booking referral, the
AFM provides a host of services for the freelance musician or group including
AFM Entertainment, GoProMusic, GoProLessons, GoProAuction, GoProHosting and
GoProTunes for international exposure.
COLLECTIVE BARGAINING
AGREEMENTS
A
number of local, national, and international agreements with major employers of
musicians offer access to all types of employment at industry standard wages
and working conditions.
PENSION
Automatic
Musicians Pension Fund of Canada contributions on most employment covered by
collective agreements and the option of including pension contributions on
other contracted employment.
Musicians
should be encouraged to negotiate pension on ALL gigs. The MPF Canada is one of
the best, multi-employer defined benefit plans in the world, with higher
returns than RRSP’s or similar plans.
Performance
Trust Fund
Through its affiliation with the AFM the London
Musicians’ Association administers the Musicians’ Performance Fund, which
provides up to 50% co-funding for non-ticketed live music events.
REFERRAL SERVICE
We actively encourage the public to use our
booking-referral service for their music needs. We provide help and advice for
clients as well as performance opportunities for our members.
Blog Author:
Jim McCormick
President of
Allstage
Member of London Chamber of Commerce
Member of
London Musicians Committee
Member of
London Business of Music Committee
Member of the
Executive Board at London Musicians Association