Allegro

Looking back, looking forward: what we accomplished and what’s to come

President's report

Volume 124, No. 11December, 2024

Sara Cutler

I hope everyone had a wonderful Thanksgiving. Among other things, I’m truly thankful for having had the opportunity to serve as your president. As I offer my final president’s report and prepare to leave office on Dec. 31, I thought it might be the right time to look both backwards and forwards.

What did I accomplish…and what did I not? So much of an officer’s job involves putting out fires that crop up constantly. One day it’s a wildcat strike at Lincoln Center called by another union. The next day, an employer reneges on wage payments to musicians on a gig. And the next day a firestorm breaks out on social media. So much time is spent reacting to events that it is hard to keep big-picture or long-term goals front and center. But it does appear that we accomplished some things in the last year and a half.

My office led three big negotiations. The New York City Ballet Orchestra came first. We settled with historic wage increases that not only recouped their pandemic concessions but set them up well for their next negotiation in 2026. That was followed immediately by embarking on the design of a new health plan for the orchestra members that provides full coverage at no cost to the participants. We led this effort with the invaluable help of actuary Suzanne Taranto and the Milliman company. The new plan rolled out this past June.

Then the New York Philharmonic negotiation began in April. After the early sessions, we were convinced we would be on strike come September when their contract expired. Through a lot of hard work and a touch of luck, we not only avoided a strike, but achieved another historic wage increase that returned the Phil to parity with its top-tier peers.

Finally, the CBA with the Broadway League expired last March. While there were a series of unfortunate delays in sitting down to negotiate, we finally were able to get dates on the book for September and October. We ended with a very different MOA from what we expected, with a shorter term and different rates for retro pay and ongoing wage increases. (See my analysis article here.) But, again, we ended with an historic percentage increase and one which, while not enormous, has not been seen on a Broadway agreement in at least decades, if ever.

Besides these large ones, my office oversaw dozens of smaller negotiations. We forced several Off Broadway employers to agree to put their bands under contract, like “Empire, the Musical,” and “That Parenting Musical.” Thanks to the Local 802 members hired to do sessions for the Apple TV+ series “Severance,” the threat of collective action brought that gig under contract. Additionally, the Not-for-Profit Off Broadway contract negotiation is just winding down with substantial increases all around, led by our own Theresa Couture. And we negotiated a one-year extension to the “Encores!” contract with a several point raise. We have been stalled at the five-yard line in our first contract with the Perelman Arts Center. Our part in this is just about done, but we are still waiting for the AFM to conclude its negotiations with the employer for a media agreement to be included in the deal. I’m hoping to have that wrapped up by the time I leave office.

My office, along with our recording department, participated in the AFM negotiations for Pamphlet B (theatrical tours), AMPTP (film), and Live TV (late night shows and awards/talk shows) which is still ongoing. The AMPTP agreement, in particular, delivered important gains to our members.

We had to defend ourselves against two Special Situation requests and two Actor/Musician requests for Broadway shows. In spite of a knowledgeable and hard-working committee who pored over scores and argued forcibly at the table, we granted Special Situation status to “Water for Elephants” and “Illinoise,” We also lost our bid to prevent the use of Actor/Musicians at “Hell’s Kitchen,” but we prevailed at the pre-show of “Cabaret” and both bands there are working under the Broadway contract.

On the home front, I have finally gotten the building project under way in spite of the many disasters that have befallen us. I found us temporary quarters and moved us there in August. (We hope to be back in the building in March.) I will be staying on this project even after leaving office in order to facilitate a smooth transition to the next administration. Again, this project was not a “choice.” We could not survive another winter there with all the systems failing. We are also in a countdown to owing the city massive fines for our excessively large carbon footprint under NYC Local Law 97. Unfortunately, this project means assuming substantial debt for our union. It is likely that, a few years down the road, some hard decisions will need to be made whether it is wise to hang onto the building.

We have been working for the last year to find a replacement for our Music Prep consultant Steve Danenberg, who is easing into retirement beginning January 1. We think we have found someone! All parties are still discussing, so incoming Local 802 President Bob Suttmann will have to give you the final word on that. But many heartfelt thanks to Steve for his years overseeing music prep invoicing and contracts. His deep understanding of that end of the business and his experience will be greatly missed.

In the last two years, 802 has hired a PR consultant and a political lobbyist. Both have greatly amplified our messages in the press and in city and state government. I have spoken about arts funding at rallies in front of City Hall, participated in an arts roundtable sponsored by Comptroller Brad Lander, led 802’s Labor Day Parade, was honored by City & State magazine as a top labor leader, and served on the committee to reinstitute the annual Broadway Salutes event.

Our participation in the broader NYC labor movement has remained a priority in the post-pandemic world. By turning out on the picket lines for the SAG-AFTRA and WGA strikes, we strengthened our relationships within the cultural guilds, sending a clear message that union musicians will be there when we’re needed. We continue to work with the AFL-CIO, NYC-CLC, and all of our family in labor to show that we are stronger together, and when we fight, we win.

On a related note, our member-facing communications are strong. In the national labor journalism contest, Allegro won first place as best labor electronic newsletter among local, state and regional unions — in the entire country! The union also won first place in its category for a social media post called “Musicians Make the City Rich“ and also racked up two other wins in this year’s contest, including the union’s first video win. Local 802 is constantly working hard to keep our comms updated, and our digital footprint can be found not just on our own Web site but also on Instagram, TikTok, Facebook, X, Blue Sky, Linked In, and YouTube.

Since my appointment, I have served as co-chair of the Musician’s Health Fund Board of Trustees. It was my unfortunate responsibility to help design and oversee the recent changes to our plan. I wish I could say that I see a rosier future for the plan than we have experienced in recent years, but health care costs in this country only go up and the plan always treads that line between barely in the black and fully in the red. It’s a seesaw at the best of times and, through the worst of times, we just have to survive.

I have also been forced to confront a great cultural crisis in our business. It was alleged that two of our members at the New York Philharmonic committed egregious sexual misconduct and abuse of power. While it was not up to 802 to determine their innocence or guilt, both men did protest their dismissals from the Phil and 802 did have to decide, once again, whether to arbitrate. It was a difficult, heart-wrenching decision. The clearly-defined contractual process included hearing statements not just from the two dismissed members, but also from an elected rank-and-file committee of orchestra members as well as from the employer. We also read anonymized summaries of the investigative reports the Philharmonic Society had commissioned. The 802 Executive Board considered and discussed long and hard, taking into account that we owed representation to ALL the members of the Phil, before making our decision not to arbitrate these dismissals. Our decision was difficult, unanimous, and final. In my letter to the Philharmonic players, I said: “I’m hopeful that, as painful and difficult as this decision was for 802 and for so many members of the orchestra who came forward with their stories, this will begin a process of healing and cultural change for all of us.”

I am truly hopeful that this may be the beginning of a sea change in how all musicians in our workplaces relate to and support each other.

LOOKING FORWARD

So that’s the look-back. What will happen next?

Of course I can’t answer that, but I can identify several areas and specifics that I either didn’t get to, couldn’t get off the ground or couldn’t clearly see because they are still too far off in the future to grasp.

This year, we launched a new app (called #NotMe), which offers members a way to report a concern to the union. It hasn’t gotten much use yet, but it is active and available, and it’s an easy way to report anything untoward in the workplace. Anything from harassment to unsafe working conditions to unreasonable employer demands can be reported anonymously on the app. Download it here. (You can also continue to e-mail us your concerns at hotline@local802afm.org if you like.)

In the bigger picture, Local 802 must continue to address the inequities and toxicity in our business. I truly believe that how we recently dealt with the Philharmonic situation was a first step. Smaller initiatives like launching the #NotMe app will support this goal. We must continue to build on these actions.

We need to prioritize the goal of growing our union. While we have succeeded in forcing many employers in the last year to file contracts for one-off concerts and single show runs, we are still trying to get a first contract for a new bargaining unit at the Met and another at the Phil. Our efforts to organize nonunion ensembles like the Knights have proved futile, in spite of hard (if sporadic) work. Of course, to further the cause of covering more work, we need a strong Organizing Department. We are working towards that goal.

We must find ways to make music education available to NYC schoolchildren. In spite of many conversations with supportive elected officials, the city is not prioritizing music ed. Not only should we be concerned about the future lack of trained talent to fill the jobs we already have in our business, we must create audiences for our product so the demand for our services remains robust. As encroachments from AI and music technology threaten our vocation more each year, only an educated and informed audience base will keep us safe. For me, this is priority number 1.

Looking at AI and musician replacement technology closely, following developments there, and fighting employer encroachments in these areas are also crucial. To this end, we formed the Local 802 AI Committee. (We still need people to serve on this, so please consider stepping up!) You have seen articles on AI in every Allegro, including this article in this issue. We talked a lot across the table at the Broadway negotiation about both these issues. We got nothing from them, but I think it was valuable to start the discussion. We need to engage with local politicians on this issue and with the AFM on the national front to craft legislation that will protect our industry from technology that moves from the role of creative tool to destroyer of our profession.

Finally, I give my deepest thanks to my fellow officers Karen Fisher and Harvey Mars. During my term, they negotiated dozens of top-tier contracts, too numerous to mention in this column. (Many of the agreements they won for members include double-digit wage increases — like this and this!) I also want to thank the Local 802 Executive Board and a brilliant staff without whom I can’t imagine having achieved anything at all in my term in office. I was thrown into the deep end of the pool in August 2023. They kept me afloat when I was sure I was drowning. Thank you, all!

FINAL REMINDER: LOCAL 802 ELECTION IS DEC. 3

Lastly, a final reminder: the Local 802 election is Dec. 3, and your vote really does make a difference. Sometimes candidates win or lose by just a few votes. There are 14 candidates running for nine Executive Board positions, plus a competitive race for our Trial Board as well. You can vote in person on Dec. 3. (If you already voted by absentee ballot and then you vote again in person, only your in-person vote will count.) All the voting information and eligibility for voting is on our voting page here. Good luck to all candidates…and thank you for your service.