Below is the Constitution containing the revisions proposed by the Board of Trustees. Text that has been struck through is suggested to be deleted. Text that is Bold/Italicized indicates the new language. Please read carefully.
CONSTITUTION OF LOCAL #1
OF THE AMERICAN FEDERATION OF MUSICIANS
THE CINCINNATI MUSICIANS’ ASSOCIATION
First Revision by The Constitution Committee 8/2011
Approval by CMA Board 11/2012
Revision 12/2019 by Vice-President Barbara Lambert
Approved CMA Board 12/23/2019
Paul Frankenfeld, President; Barbara Lambert, Vice President; Carol Dunevant, Secretary; Joseph Gaudio, Donald Hurd, Louis Lausche, Lynne Scott, Trustees
TABLE OF CONTENTS
PREAMBLE Historical Note
ARTICLE I TITLE AND JURISDICTION
ARTICLE II PURPOSE
OFFICERS, DIRECTORS & DELEGATES TO CONVENTIONS
OF THE AMERICAN FEDERATION OF MUSICIANS
DUES, FINES, AND ASSESSMENTS
NOMINATION, ELECTION, AND INSTALLATION OF
DUTIES OF OFFICERS
CMA BENEFIT CLUB
ALTERATIONS AND ADDITIONS TO CONSTITUTION AND
MEMBERSHIP RIGHTS, DUTIES & RESPONSIBILITIES
CHARGES AND TRIALS
REMOVAL OF OFFICERS
RULES AND REGULATIONS
CINCINNATI SYMPHONY ORCHESTRA
This Association was incorporated not for profit, on the Tenth day of December,
A.D. 1881, under the name of “The Cincinnati Musicians’ Protective Union.”
During the January 1889 term of the Common Pleas Court of Hamilton County, in Case No 82658, the name of the Association was changed by a decree in said case to “The Cincinnati Musicians’ Protective Association No. 1.”
In 1934, the corporate name of this Association was changed by authority of the
Secretary of the State of Ohio to “The Cincinnati Musicians’ Association.”
On November 6, 1897, this Association was granted a charter from the
American Federation of Musicians and by the terms of the charter became Local
No. 1 of the Federation. By the terms of the charter, this Association was guaranteed autonomy as an Association and guaranteed the support of the Federation in its endeavors and actions insofar as same did not conflict with the laws of the American Federation of Musicians. This Association, in return for this grant, agreed to at all-time support the Federation and to obey all its laws, rules and regulations.
At the time of the grant of this charter by the Federation, this Association was granted a territorial jurisdiction of all points in greater Cincinnati and Northern
Kentucky located within a radius of twenty miles from Fountain Square. This territorial jurisdiction, being an original grant, cannot be decreased by any action of the International Executive Board of the American Federation of Musicians.
Subsequently however, this territorial jurisdiction was increased by action of the
International Executive Board.
ARTICLE I TITLE AND JURISDICTION
Section 1.01 This Local Union shall be known as The Cincinnati Musicians
Association, Local #1, American Federation of Musicians, herein referred to as the “Local.”
Section 1.02 The territorial jurisdiction of the Local in Ohio shall be Hamilton, Clermont, Brown, Scioto, Highland, Pike, Ross, Jackson, Portsmouth Counties, and Deerfield Township in Warren County. Territorial jurisdiction in Kentucky includes the counties of Carroll, Gallatin, Grant, Pendleton, Bracken, Campbell, Kenton, Boone, Mason, and Lewis. Territorial jurisdiction in Indiana includes the counties of Jennings, Ripley, Jefferson, Dearborn, Ohio, and Switzerland and additions, deletions, or changes which may be hereafter mandated by the American Federation of Musicians.
ARTICLE II PURPOSE
The purpose of this Local shall be:
1. To unite the professional musicians within its jurisdiction who are eligible for membership without discrimination, regardless of race, creed, political orientation, citizenship, national origin, gender, age, disability, sexual orientation, marital status or family status.
2. To organize the professional musicians in its jurisdiction and to provide services to such professional musicians.
3. To secure improved wages, hours, working conditions and other economic benefits for the professional musicians in membership through negotiation.
4. To establish terms and conditions for equitable treatment and professional behavior among its members.
5. To attempt to provide employment opportunities for its members and to maintain cordial relations between its members and their employers.
6. To promote, to the best of its ability, the general welfare of its members.
ARTICLE III OFFICERS, DIRECTORS AND DELEGATES TO CONVENTIONS
OF THE AMERICAN FEDERATION OF MUSICIANS
A motion to accept the revisions listed in Articles III and IV was made by Joe Gaudio. The second was given by Lynne Scott. The motion passed.
Section 3.01 The officers of this Local shall consist of the President, Vice
President, Secretary, and Five Trustees. Said officers together shall constitute the Board of Directors.
Section 3.02 The President and Secretary are ex-officio delegates to all conventions of the American Federation of Musicians (AFM).
Section 3.03 The third delegate shall be elected for a term of
two three years according to Association rules in each biennial triennial election. Should no candidate choose to run it is understood the position of delegate would fall to the Vice-President.
Section 3.04 The candidate receiving the second-highest number of votes in the election shall serve as an alternate delegate. Should there be only one candidate, the Board of Directors shall have the authority to designate an alternate.
ARTICLE IV MEMBERSHIP
All performers on musical instruments of any kind and vocalists, support crew, or other individuals who render musical services of any kind are eligible for membership if they reside in the territorial jurisdiction of this Local, subject to the laws and jurisdiction of the Federation. Each applicant must be a citizen of the United States or be able to accept employment under the immigration laws of the United States.
Applicants for membership who are former members of this or any other AFM Local or who are currently members of any other AFM Local are subject to appropriate provisions of the Bylaws of the AFM relating to affiliation as former, transfer, or traveling members. All matters pertaining to traveling or transfer members are governed by the Bylaws of the American Federation of Musicians.
Applicants may be required to demonstrate their ability to play the instrument of their choice.
Applicants for membership are required to complete and sign the
AFM-approved application form and deposit the required fees and dues for membership.
If the applicant is rejected, the Local Initiation Fee (LIF) plus dues will be returned to the applicant. A Federation Initiation Fee (FIF) may be retained by the American Federation of Musicians.
Any member furnishing false information on his or her membership application shall forfeit membership.
4.07 4.05 REINSTATEMENT AFTER RESIGNATION
Any member who has resigned in accordance with provisions in this document may be reinstated provided he or she files a formal application for reinstatement and pays all necessary dues and fees. Reinstatement fees plus dues for the current quarter will be charged when reinstatement is requested within one year of acceptance of resignation.
Reinstatement fees equal to LIF plus dues for the current quarter will be charged if reinstatement is requested more than twelve months from the date of resignation.
4.08 4.06 REINSTATEMENT FOLLOWING EXPULSION
Any member who has been expelled for failure to pay dues, assessments or fines, and seeks reinstatement, shall:
1. File a new application for membership.
2. Deposit with the Local the amount owed at the time of expulsion, not to exceed membership dues, fines or assessments covering a period of more than one year. A reinstatement fee plus one quarter’s dues shall be charged if the member has been expelled within the past year, or full initiation fee plus one quarter’s dues if reinstatement is requested more than one year after expulsion.
Should the Board find that the member’s conduct or activities during the period of expulsion have been detrimental to the Local, the Board shall hear and try the case under the provisions set forth in Section III-B.
Any member expelled for any reasons other than nonpayment of dues or assessments to the Association who seeks reinstatement shall:
1. File a new application for membership;
2. Deposit a fee of fifty dollars ($50) that may be applied to new membership if reinstatement is approved.
The Board of Directors shall hear the request at the next regular meeting. The expelled member shall be present at the meeting if requested by the Board and may present witnesses to support the reinstatement. The Board of Directors, after hearing the case, may either reject the application for reinstatement or allow the member to rejoin upon payment of a reinstatement fee. The reinstatement fee shall be determined by the Board of Directors. In the event of an unfavorable decision by the Board of Directors, the expelled musician may appeal the ruling to the International Executive Board of the American Federation of Musicians.
The Cincinnati Musicians Association is affiliated with the American Federation of Labor and the Congress of Industrial Organizations. Because of this affiliation, Local #1 urges members to, whenever possible, purchase only union made supplies or services and avoid patronizing establishments that do not allow a collective bargaining procedure or placed on unfair lists by local or national labor organizations.
A member who has 50 years of continuous membership in the Cincinnati Musicians Association shall be given Honorary Life Membership in the Association and shall be exempt from paying local membership dues.
Members of the Association shall be allowed to attend Board of Directors meetings but shall have no voice and shall be excluded when the Board of Directors, by majority vote, goes into executive session.
ARTICLE V DUES, FINES, AND ASSESSMENTS
Initiation fees, reinstatement fees, dues, late fees, discounts, dues based on earnings and assessments shall be as established by the Board of Directors from time to time in compliance with applicable provisions of the Labor-Management Reporting and Disclosure Act of 1959, as amended. All moneys received shall constitute the funds of the Association. These funds shall be insured.
All members are required to pay work dues based on earnings for all musical services performed under minimum scale regulations of this Local or the American Federation of Musicians and/or under contract by rates negotiated under collective bargaining agreements. The Board of Directors shall be authorized to adopt rules of administration and procedure with proper notice to the membership.
Should any member’s regular dues, work dues or late payment fees remain unpaid for a period of six months, said member may be suspended from the membership at the discretion of the Board of Directors.
Should the Board of Directors levy any assessment, notice must be made within thirty days to all members. Any such assessment levied on the members shall be of an equal amount.
Any member who has held continuous membership in the Association for not less than 50 years shall be considered an Honorary Member and be exempt from all membership dues and assessments.
Any member in good standing may have membership dues deducted from an engagement paycheck by notifying the Local office prior to the engagement.
ARTICLE VI RESIGNATIONS
A member in good standing may resign his or her membership in the Local by serving written notice to the Secretary.
Such resignation shall become effective as of the expiration of the current period that dues have been paid or upon such earlier date in such current period.
Any such former member may be reinstated provided he or she satisfies the requirements of membership in this Local and the AFM.
ARTICLE VII NOMINATION, ELECTION, AND INSTALLATION OF OFFICERS
A motion to accept the revisions in Articles VII & VIII was made by Don Hurd. The second was given by Barb Lambert. The motion was approved.
The officers of this Association, named in Article III of this Constitution, shall be elected
biennially every three years. This triennial election shall be held at the headquarters of the Association, or any other suitable place selected by the Board of Trustees.
The election of all officers shall be held on the second Monday in December of each
odd-numbered election year. Section 7.03
This biennial election shall be held at the headquarters of the Association, or any other suitable place selected by the Board of Directors.
The election shall be in the sole charge of the Election Committee, which shall be appointed and function in accordance with the terms of Section 1-D of this Article.
Nominations for all officers shall be by written petition signed by not less than 20 members in good standing.
Petitions for the nomination to all elective offices shall be on the official form, which shall be prepared and furnished by the Secretary of this Association. The official form shall be available 90 days prior to each election.
Petitions must be filed no later than 5:00 PM 60 days prior to the election. Petitions need not be returned by the candidate in person.
No member may sign multiple petitions for the offices of President, Vice President, or Secretary. No member may sign more than five petitions of candidates for the Board of Trustees. If any member signs more than the allowable number of petitions above specified for each office, his signature shall be invalid on all petitions signed by him for that office.
No member may be a candidate for more than one elective office in any one election.
The Secretary shall submit for examination all filed petitions to the Board of Directors at its first regular meeting after the petition submission deadline. The Board of Directors shall certify the list of candidates once the conditions for certification described above have been met. The name of each candidate must appear on both the sample ballot and the regular election ballot.
Immediately after receipt of all nominations, if there is no contest for an elective office, the uncontested candidates shall be declared elected by acclamation. If there is no contest for all of the elective offices, all uncontested candidates shall be declared elected by acclamation and the election will not be held.
The Secretary shall prepare and have printed an adequate number of ballots.
The Secretary shall send, no later than 60 days prior to the election, an official ballot (with necessary materials and instructions to cast an absentee ballot) to all any member in the United States Armed Services.
Materials and instructions to cast an absentee ballot shall include a notice informing members to vote for not more than one candidate for each of the offices of President, Vice President, Secretary, and not more or less than five members of the Board of Trustees. This notice shall also state that any individual section of the ballot improperly marked shall be invalid.
After the election ballots have been printed they shall be bound into books of one hundred each. Each ballot shall consist of three sections; a numbered stub which shall remain in the book after the ballot is torn from it; the ballot itself; and a stub at the bottom of the ballot bearing the same number as the stub remaining in the book. This stub shall be torn from the ballot by the custodian of the ballot box on Election Day and deposited in a separate file.
Any member may request an absentee ballot in writing or by phone from the Secretary.
The Chairperson (Judge) shall, within forty-eight (48) hours of receiving the request, mail the member a ballot, a small envelope in which to insert the ballot, and a larger envelope addressed to the attention of the Election Committee and returned to the Office. The returned ballot will be placed in a locked container.
The Secretary shall record the names of members to whom ballots were mailed.
At least two (2) members of the Election Committee shall pick up absentee ballots at the Office prior to 11:00 AM on the day of elections to the poll to be counted.
Absentee ballots shall only be opened by Chairperson (Judge) and one other member of the Election Committee.
ARTICLE VIII DUTIES OF OFFICERS
Section 8.01 President
(a) The President shall plan and preside over all meetings of the Board of
Directors and General membership. In addition to enforcing the
provisions of the Constitution and Bylaws, it is the President’s duty to maintain order at all meetings, call special meetings when requested by a majority of the Board of Directors or when a petition signed in accordance with Article IX, Section 9.03 is presented to the Board. A special meeting may also be called whenever the President believes the interests of the Association are best served by such a meeting.
(b) The President shall have the authority, along with either the Secretary or the Vice President, to sign voucher checks drawn on the accounts of the
Local and shall be included in the Bond covering Local officers.
(c) The President shall appoint all committees. The President shall be a member of all committees, ex-officio, except for the Election Committee.
(d) The President shall have general supervisory authority over the activities of the Local. The President may incur expenses necessary to the operation of the Local and shall act as the business agent for negotiations with vendors and other business agents. The President shall oversee collective bargaining between employers and the Local and shall have the authority to negotiate wages and expenses paid to musicians within the jurisdiction with Board approval.
(e) The President shall have the authority to take actions between Board meetings in cases of emergency or where the interests of the Local merit swift action.
(f) The President shall serve, ex-officio, as the first delegate to all conventions and conferences of the American Federation of Musicians. If unable to attend, the Vice President shall serve as an alternate. The President shall also serve, ex-officio, as a delegate to the AFL-CIO Central Labor Council of Cincinnati.
(g) The President shall dedicate the necessary hours and time to fulfill the duties of the position, and shall be available for consultation and advice to the membership at reasonable times. The President may continue to be employed in an ongoing musical engagement(s), but may only seek further musical employment with the permission of the Board of Directors.
(h) The President shall make every effort to attend or send a representative to the funeral or memorial service of any Local member who dies during the
President’s term of office.
(i) The President shall be a salaried position.
Section 8.02 Vice President
(a) The Vice President shall be a member of the Board of Directors of the
Association and a delegate to conventions of the American Federation of Musicians whenever the President is unable to attend. The Vice President shall have the authority, along with either the President or the Secretary, to sign voucher checks drawn on the accounts of the Local and shall be included in the Bond covering Local officers.
(b) Every two years the Vice President will review the Constitution and Bylaws for any needed revisions.
(c) The Vice President shall be available to perform other duties as directed by the Board. Additional duties shall be compensated at a rate to be determined by the Board. In addition, the Vice President shall acquire and maintain a general knowledge of the daily operations of the organization.
(d) The Vice President shall perform the duties of the President in his or her absence; in the event neither President nor Vice President is available, the remaining Board members shall elect a chairperson, pro-tem, for that specific meeting.
(e) The Vice President shall automatically become President in the event of the President’s death, disability, resignation or removal from office. In the event that neither the President nor the Vice President can perform their respective duties, the Board of Directors shall appoint a temporary President for the remaining term of office. In the event that the Vice President becomes the acting President, the Vice President shall receive a salary equivalent to the salary paid to the President.
(f) The office of the Vice President shall be a compensated position.
Section 8.03 Secretary
(a) The Secretary shall be a member of the Board of Directors and shall be responsible for keeping records in the form of minutes for all Board meetings and Local general meetings. Approved minutes shall be placed in a record book along with a record of financial vouchers presented to the Board by the bookkeeper.
(b) The Secretary shall issue notices of all meetings of the membership and of the Board of Directors.
(c) The Secretary shall maintain the records of membership and shall report to the Board of Directors all changes, including new, erased, resigned, deceased and reinstated members. The Secretary shall maintain a directory of membership.
(d) The Secretary shall have the authority, along with either the President or the Vice President, to sign voucher checks drawn on the accounts of the Local and shall be included in the Bond covering Local officers.
(e) The Secretary shall be responsible for maintaining and safeguarding files and records of the Local with oversight by the Board of Directors.
These files and records shall be subject to inspection at any time by order of the Board of Directors.
(f) The Secretary shall make worksite visits if ordered by the Board of
Directors or when the President is unavailable or unable to reach a work site.
(g) When the Secretary is unable to attend any official meeting, the
President shall designate another member of the Board of Directors to take minutes.
(h) The Secretary is responsible for processing claims, charges and grievances. It shall be the duty of the Secretary to ensure that properly prepared petitions from membership be presented to the Board of Directors at the next regularly scheduled meeting for resolution.
(i) The office of Secretary shall be a salaried position with compensation to be determined by the Board of Directors.
(j) The Secretary shall attend the American Federation of Musicians’ conventions as a voting delegate. The Vice President shall attend the conventions if the Secretary is unavailable.
(k) In the event of disability, death, resignation or removal from office of the Secretary, the Board of Directors shall appoint a member in good standing to serve as Secretary until the next regularly scheduled election.
Section 8.04 Board of Directors
(a) The Board of Directors shall consist of the President, Vice President,
Secretary, and the elected members of The Board of Trustees.
(b) The Board of Directors shall meet biweekly and on the special call of the
President. It shall have the authority to set its exact hour and place of its meetings, except for those on the special call of the President.
(c) At all meetings of the Board of Directors, five members shall constitute a quorum and a majority vote shall decide all questions. The President shall not vote except in the case of a tie vote. In the case of a tie vote, the President shall cast the deciding vote.
(d) The Board of Directors shall serve as a Board of Arbitration and Trial
Board as provided by Article XIII.
(e) The Board of Directors shall approve payment of all bills of the Local.
(f) The Board of Directors shall determine the amounts of the bonds for elected officers.
(g) The Board of Directors shall have the power to order disbursements from the General Fund of the Local to incur and pay the expenses of properly running the business of the Local.
(h) The Board of Directors shall have the power to order disbursements from the General Fund of the Local to donate to any worthy charity or cause a sum of not more than Five Hundred Dollars ($500.00) each year to one organization.
(i) The Board of Directors shall have the power to order disbursements from the General Fund of the Local to provide financial assistance to a member in extreme need.
(j) The Board of Directors shall have the authority to question or solicit testimony from any member of the Local or any member of the American Federation of Musicians who are working within the jurisdiction of the Local.
(k) The Board of Directors shall have the right to collect any money due for musical services rendered or contracted for members of the Association or AFM within the jurisdiction of the Local.
(l) The Board of Directors shall have the right to order the President to call a special meeting of the Local.
(m) The Board of Trustees shall receive for each Board meeting that they attend the pay equivalent to a two-hour engagement found in Section I of the current Price List.
(n) When any member of The Board of Directors is absent for four (4) consecutive meetings without being excused, the Board of Directors shall have the right to declare such member’s seat vacant. Upon such declaration by the Board, the existing vacancy shall be filled in accordance with the provision of Article VII of this constitution.
(o) In addition to approving all expenditures of financial vouchers at each regular meeting of the Board of Directors, it is understood that the Board of Trustees, along with the officers, shall be responsible for the financial oversight of the Association. On an annual basis, the Board of Directors shall have a minimum of two regular meetings that include the attendance of an independent auditor who shall provide a financial report of the Association from its previous fiscal year, as well as a copy of the current Internal Revenue Service Form 990 from the same year, prior to its submission to the IRS. The Board members shall be given ample time to review and study these documents, and may vote to adopt recommendations presented by the auditor. The security of the books, their location, and emergency contact will be made known to the Board of Directors and verified on a bi-annual basis.
(p) Upon the recommendation of the President, the Board of Directors shall engage a qualified and competent person to serve as office and payroll Manager and bookkeeper. The Manager shall be responsible for the financial records, bank accounts, checkbooks and funds of the Association.
ARTICLE IX MEETINGS
A motion to accept the revisions in Articles IX & XV was made by Lou Lausche. The second was provided by Joe Gaudio. The motion was approved.
Regular meetings of the membership shall be held quarterly in March, June, September, and December. The exact time and place of membership meetings shall be determined by the Board of Directors who shall also have the authority to adjust all meeting dates to avoid legal holidays and for reasons of emergencies. A minimum of three (3) general meetings of the membership shall be held at times determined by the Board of Directors. Notice of the date, time and place of each meeting shall be published in the next preceding newsletter and by mailed notice to the membership no less than fifteen (15) days prior to the meeting.
The President or the Board of Directors may call a special membership meeting. The date of any special meeting shall be set by the Board of Directors. The purpose of the meeting shall be specified in a notice of such meeting to all members, which shall be mailed by the Secretary at least fifteen (15) days prior to the meeting. No business other than that specified in the notice shall be transacted at a special meeting.
The President shall call a special meeting on the written request of twenty-five (25) members in good standing. Such written request must be in the form of a petition and contain the specific purpose of the special meeting.
Section 9.04 All members present and in good standing shall be entitled to vote at any regular or special membership meeting. A vote of the majority of the quorum present shall constitute an act of the membership unless otherwise provided in these Bylaws. A quorum shall consist of two percent (2%) of the membership plus a quorum of the Board (5). For purposes of determining a quorum, the membership shall be deemed to be the number of members indicated on the per capita report most recently submitted to the AFM.
If at any regular or special membership meeting a quorum is not achieved, the Board of Directors shall have the authority to act upon any item on the agenda of such meetings except in those cases involving changes in fees, or assessments.
Section 9.06 The standard Order of Business at General Meetings shall be:
1) Call to order;
2) Roll Call of Officers;
3) Minutes of Previous Meeting(s);
4) Officers’ Reports;
5) Committee Reports;
6) Unfinished Business;
7) New Business;
8) Remarks for the Good and Welfare of the Local; and
The conduct and procedures of all regular and special membership meetings shall be as set forth in the current edition of Robert’s Rules of Order.
ARTICLE X CMA BENEFIT CLUB
The CMA Benefit Club, a separate corporation organized in 1937 to provide insurance benefits to members who qualify for membership, will pay to the legal representative or beneficiary of a member in good standing at the time of the member’s death:
1. $500.00 for less than five (5) years of continuous membership
2. $750.00 for five (5) years or more of continuous membership, but less than ten (10) years
3. $1000.00 for ten (10) or more years of continuous membership.
Benefits will be paid provided the deceased member had:
1. Joined the CMA Benefit Club as a charter member prior to April 30, 1937, or
2. Joined the CMA Benefit Club by paying the regular initiation fee of not less than fifty dollars ($50.00) in addition to the initiation fee for membership in Local No. 1, or
3. Joined the CMA Benefit Club by paying an initiation fee of fifty dollars
($50.00) at the rate of $1.25 per quarter for ten years, with full benefits from the date of application, and
4. Was at the time of his death a member in good standing in both the Local and the Club.
Resignation or expulsion from membership cancels death benefits. Reinstatement in the CMA Benefit Club shall be granted when a member rejoins Local No. 1 provided that the member has not reached the age of 45. Previous years of membership shall not be counted toward the amount of death benefit upon reinstatement.
When any death benefit member dies without a designated beneficiary, the death benefit shall revert to the treasury of the Local.
ARTICLE XI ALTERATIONS AND ADDITIONS TO CONSTITUTION AND BYLAWS, AND PRICE LIST
The Executive Board or any twenty (20) members in good standing may present in writing to the Secretary a resolution to amend the Constitution or By-Laws.
Section 11.02 RESOLUTION FROM THE BOARD OF DIRECTORS
Within ten days of receipt of a resolution to amend the Constitution and By-Laws from the Board of Directors, the Secretary shall mail written notice to all members of the regular or special meeting at which the resolution is to be acted upon. The notice shall contain the resolution and the date, time and place of the meeting. The date of the meeting shall be at least twenty-one days from the mailing of the notice, but not more than 90 days.
Section 11.03 RESOLUTION FROM THE MEMBERSHIP Upon receipt of a resolution to amend the Constitution or By-Laws by the members in good standing, the Secretary shall present the resolution to the next meeting of the Executive Board, which shall consider the merits of the resolution and make a recommendation on same. The Secretary shall then mail written notice to all members of the membership meeting at which the resolution is to be acted upon. The notice shall contain the resolution, the recommendation of the Board of Directors and the date, time and place of the meeting. The membership meeting shall take place not less than 60 nor more than 90 days from the date of the Board of Directors meeting.
Once a quorum is established, voting on all resolutions shall be by secret ballot subject to a simple majority vote of those present at the membership meeting. A resolution approved shall become effective immediately unless otherwise provided in the resolution.
a. All changes in the Price List shall be made by the Board of Directors.
b. Members may suggest changes or additions to the Price List at any Board of Directors meeting.
All members shall be notified by mail of all changes made in the Price List no later than 90 days prior to the effective date.
ARTICLE Xll MEMBERSHIP RIGHTS, DUTIES & RESPONSIBILITIES
Any member attending any regular or special meeting of the Association shall have the right to demand a secret ballot at the meeting, and such demand must be granted by the presiding officer.
If a member is dismissed from a contracted engagement less than 2 weeks prior, that member may file a grievance in writing with the Association against the leader and/or contractor.
When any member prefers charges against any other member, leader or contractor, such charges must be in writing to the Board of Directors and must be signed by the member making the charges. In such charges, the date(s) of the violation must appear, and the section of the Constitution and Bylaws or Price List alleged to have been violated must be set forth.
Any member charged with violation of the By-Laws or Constitution must be notified within 5 working days of the receipt of that charge by the Board of Directors.
Duties and Responsibilities
Section 12.05 It shall be a violation of the Associations By-Laws and
Constitution for any member:
1. To act in any way detrimental to the interest, standards, or purpose of the Local;
2. To act in bad faith or deal unfairly with the Local or any of its members;
3. To knowingly perform services as a leader or any engagement not covered by an approved contract;
4. To agree to perform for less than the established minimum without Board approval;
5. To render services for organizations, establishments, or individuals on the International Unfair List;
6. To cross lawful picket lines recognized by the Association or the American Federation of Musicians;
7. To fail to provide two weeks written notice to or from a leader or contractor in order to terminate employment;
8. To perform gratis engagements without permission of the Board of Directors.
ARTICLE XIII CHARGES AND TRIALS
The Board of Directors shall have the authority to hear and decide all charges against members and to impose appropriate fines or other disciplinary action.
Section 13.02 No member shall be put on trial for any alleged offense unless charges have been preferred in writing to the Secretary.
Section 13.03 Charges must be preferred within one (1) year of the date of the occurrence.
Notice of charges shall be given in writing to the charged member by the Secretary. Said notice shall contain all of the following:
1. The nature of the offense;
2. The provision(s) of the Bylaws at issue;
3. The date, time and place of the alleged occurrence;
4. Sufficient facts to provide the charged member information to prepare his or her defense; and
5. The date, time, and place of the hearing.
A member shall be given at least thirty (30) days from the mailing of the notice of charges to prepare his or her defense for the hearing on such charges.
Section 13.06 Any member shall be accorded a full and fair hearing before the
Board of Directors before any disciplinary action is taken. The charged member shall be allowed to present witnesses and may bring a representative of his or her choice to the hearing to speak on his or her behalf. Formal rules of evidence shall not apply. The Board of Directors shall admit all relevant documents and testimony.
All communications concerning charges and disciplinary action shall be sent by the Secretary to the charged party by certified mail, return receipt requested.
A member is presumed innocent of all charges until a full and proper hearing has proven otherwise by a preponderance of evidence.
Any member found guilty of charges shall be advised in writing by the Secretary of his or her right to appeal the decision of the Board to the International Executive Board.
ARTICLE XIV REMOVAL OF OFFICERS
Any officer of the Local may be charged for removal from office for misfeasance or malfeasance by the action of a two-thirds majority of the Board of Directors or by a petition signed by ten (10) percent of the membership in good standing of the Local. If it is a petition, the petition shall be filed with the Secretary unless the Secretary is the charged party, in which case the petition shall be presented to the President.
Charges against an Officer must allege serious misconduct in office, or repeated failure to perform substantive duties of the office as prescribed in the Bylaws of the Local. The charges must be specific regarding the allegations.
Section 14.03 The charged officer must be notified of the specific charges in writing within ten days of the Board of Director’s actions or filing of the petition. Notification will be made by the Secretary or President depending on the officer charged. The Board of Directors shall have the discretion to suspend any charged officer until disposition of those charges.
The President, or the Vice President if the President is the charged party, shall call a special membership meeting to elect a five-member trial board, which shall select its Chairperson, to conduct a hearing on the charges. None of the trial board members shall be officers of the Local, but all must be members in good standing. Notice of this special membership meeting shall be mailed to all members in good standing at least fifteen days prior to the meeting and shall contain the date, time and place of the meeting, plus the purpose of the meeting as stated above in the specific allegation(s) against the Officer.
The trial board shall call and conduct a fair hearing of the charges at the earliest feasible date but no sooner than fifteen days after the trial board’s selection. Immediately following the hearing, the trial board shall render its decision by majority vote as to the guilt or innocence of the accused and advise the Secretary or President of its decision.
If the trial board has found the accused officer guilty, the President, or the Vice President if the President is the charged party, shall promptly call a special membership meeting to review the decision of the trial board and vote by secret ballot to sustain or deny such decision. Notice of the special membership meeting shall be mailed to all members at least fifteen days prior to the meeting and shall contain the date, time, place, and purpose of the meeting, plus the purpose of the meeting as stated above.
Secret ballots will be counted in full view of the membership at the meeting. If two-thirds of the members in good standing at the meeting vote to sustain the guilty findings of the trial board, the Officer shall be removed from office, and the vacancy shall be filled as provided in the bylaws.
ARTICLE XV RULES AND REGULATIONS REGARDING ENGAGEMENTS
Section 15.01 WAGES and Deductions
a. HIGHER WAGE PREVAILS
Members who play engagements outside the jurisdiction of this Local must be
paid minimum scale wage of Local 1 or the scale of the other Local, whatever rate is higher.
b. LOCAL 1 WORK DUES ASSESSMENT
Effective January 1, 1961, the Cincinnati Musicians Association adopted local
employment work dues which is an obligation of membership. The amount of work dues shall be computed on earnings for all service or work performed under minimum price scale regulations established by the Local of AFM and/or under contractual pay rates negotiated in collective bargaining agreements. The rate of work dues shall be established by the Board of Directors.
These local work dues are due and payable as follows:
1. For single engagements, upon receipt of moneys for the engagement.
2. For steady engagements, at the close of the week’s work or upon receipt of the week’s wages.
3. On all engagements paid through the Contract Supervision Department of the Local, work dues shall be automatically deducted.
c. PAYMENT OF ENGAGEMENTS THROUGH ASSOCIATION
Groups of three or more performers and all electronic media employment are required to pay the full contract price through the Contract Supervision Department of the Local who then acts as agent for the contractor in the payments of salaries, federal, state and local employer taxes, and AFM and EPW pension contributions. In addition to scale, all engagements require an additional percentage of the total gross wages paid by the employer to cover state and federal employer tax liabilities (matching social security, unemployment compensation, worker’s compensation) and Local administrative costs.
d. WEATHER RELATED SCALE
Only outdoor single engagements where weather conditions or other natural disturbances interfere may be postponed. In case of such postponements, half-price must be paid and the original musicians engaged must be offered the rescheduled engagement.
e. VOCALIST’S PAY Vocalists shall receive side musician scale for any single or steady engagement unless appearing as a soloist.
f. DELINQUENT MEMBERSHIP DUES
Any member whose dues are in arrears for more than six (6) months is not in good standing and ineligible to perform engagements.
Should a leader or contractor wish to use a delinquent member for an engagement, it shall be understood that any dues owed may be deducted from the delinquent member’s wages for the engagement. Every best effort shall be made to contact the delinquent member by the President or a representative of the Local regarding the deduction of dues owed.
g. Uncompensated services may only be rendered by members when other members are not deprived of potentially paid engagements.
h. Members may not accept engagements for less compensation than amounts contained in the Price List without the approval of the Board of
Directors. See Section 12.05 #8 for more information.
i. WORK WITH NON-MEMBERS
Members may not sign contracts for engagements that include non-members of the AFM except with the permission of the Board of Directors.
Section 15.02 DEFAULT OF FINANCIAL OBLIGATION
a. Should the Board of Directors find any employer of members of Local 1 in breach of contract or default of payment for musical services, it shall be the duty of the Association to inform the membership in a timely fashion. All charges of contract violations or default in payment must be filed with the Board of Directors within sixty (60) days of the alleged infraction(s). The employer may only engage musicians from Local 1 once all matters of delinquent payments have been rectified and the Board of Directors provides approval.
b. It shall be a violation of the regulations of the Association for any member to knowingly provide a check that has insufficient funds for payment of membership or work dues, engagement payroll funds, or AFM-EP payments. Any member found in violation by the Board of Directors may be suspended until full compensation is made or erased from membership if there is a failure to make payment.
Section 15.03 CONTRACTS and CONTRACT SUPERVISION
a. FILING CONTRACTS Contractors, leaders, and single musicians must file a contract for every single or steady engagement played.
b. BOOKING AGENTS Leaders or individual musicians may only enter into agreements to be represented by a booking agent who has a signed agreement with the AFM. Any member in good standing with AFM may book engagements. All engagements arranged through booking agents shall be subject to provisions contained in the AFM Bylaws.
c. LONG TERM CONTRACTS
All Accent Music, Inc. engagements or engagements booked by members acting as booking agents that continue for more than one year must be re-negotiated at the end of that term and include increases.
d. PAYMENTS DUE. All commissions for engagements are due along with payment to Accent Music or the musician acting as a booking agent when the engagement is complete.
e. JOINT VENTURE PROJECTS
Engagements performed by members of the Local without a filed contract shall be known as Joint Venture Projects. Within 48 hours after receiving payment for a Joint Venture Project, it shall be the duty of each self-employed leader or contractor to notify the Local of those members who participated.
Section 15.04 WORKING CONDITIONS
a. AUDITIONS Members may not be required to play auditions for employers at any time without the consent of the Association.
b. SIX DAY WORK WEEK No member employed on a weekly engagement shall render musical services on more than six days out of any seven day period for the same employer except with the consent of the Board of Directors.
c. INTERMISSION A minimum of five minutes intermission per hour or fraction thereof shall be taken for each engagement, and the intermission must take place no later than ninety minutes after the engagement begins.
d. TALK OVER REHEARSALS Talk over portions of rehearsals must take place within total rehearsal time without reduction of intermission.
e. PERSONAL CONDUCT It is understood that there shall be mutual respect between musicians, contractors, and conductors. Offenses of disrespect from any parties considered serious in nature shall be reported to the President and may result in a summons of the offender(s) to appear before the Board of Directors for a hearing.
f. UNION ACTIVITIES Members serving as Officers, Board Members, or Orchestra Committee Members shall not be subject to loss of employment or discrimination during engagements because of their activities on behalf of the
Section 15.05 ACCOMPANISTS
a. Soloists must engage union accompanists when performing, except when performing at established conservatories of music, music colleges, music schools, or at their commencements or recitals.
Section 15.06 CANCELLATION AND DISMISSAL
a. CANCELLATION of LONG-TERM ENGAGEMENTS
All engagements of one week or more in length may be terminated with two-weeks notice. Exceptions would include a mutual written agreement between the contractor, the musicians and the Local, or just cause as determined by the
Board of Directors. The two weeks cancellation notice applies before and after the commencement of the engagement.
b. CANCELLATION of SHORT-TERM ENGAGEMENTS
Members accepting single engagements must give not less than two-weeks notice to cancel the same, except New Year’s Eve which requires a thirty (30) days’ notice. A member engaging another member is subject to the same rule. All notices must be given personally or be sent by mail.
c. DISMISSAL A musician who has played an ongoing engagement for four or more weeks may not be discharged by the leader or contractor unless the leader or contractor presents a case that is approved by the Board of Directors.
Any just cause for discharge of a musician must be presented to the Board of
Directors for a decision that shall be binding on the leader or contractor and the musician.
d. SUBSTANCE ABUSE Any member who appears at an engagement in an impaired condition may be summarily dismissed from the engagement on that date.
e. SUBSTITUTES Members may only supply substitutes with the approval of the Leader/Contractor and the employer.
f. UNION ACTIVITIES Members serving as Officers, Board Members, or
Orchestra Committee Members shall not be subject to loss of employment or
discrimination during engagements because of their activities on behalf of the
g. Members are required to exhaust all remedies and appeals provided by their Locals and/or the AFM before proceeding in court or any other tribunal against any member, Local, or AFM. Any member who brings legal proceedings deemed unwarranted by a court of law may be subject to suspension or expulsion from the Local and AFM.
Section 15.07 CONTRACTORS RESPONSIBILITIES
a. Whenever two or more musicians are engaged to play, one musician shall be designated either as leader or contractor and paid a fee above the scale according to the price list. A single musician who is hired for an engagement shall be considered the leader or contractor.
b. Any contracting member who is unable to secure musicians who are members of this Local to fulfill any engagement must secure permission from the President before engaging any nonunion musicians. The Board of Directors reserves the right to refuse permission for contractors in the Local to engage musicians who are not members of Local No. 1. Suspended or expelled members of the Local or musical groups that are noncompliant with Local provisions may not be permitted by the Board to perform, even if there are no good standing members available for an engagement.
c. Promo, Inc., the payroll service administered by the Local, serves as the agent for leaders and contractors and assumes all financial liabilities, including federal, state and city payments as well as AFM-EP pension contributions. Contracts negotiated by a leader or contractor shall be filed with the Local. All Promo, Inc. contracts for single or weekly engagements shall be paid through the Local.
d. A leader and/or contractor or single musician shall notify the Local immediately when notice of termination is given or received for an indefinite engagement, or if any engagement is terminated, postponed, canceled, or extended.
e. Failing to file a contract or affidavit with the Local, the contractor or leader becomes personally liable to a member for wages due.
ARTICLE XVI CINCINNATI SYMPHONY ORCHESTRA
The musicians employed by the Cincinnati Symphony Orchestra shall be engaged by means of a personal contract for the symphony season. The form of the personal contract shall be negotiated by the Local and said contract shall be subordinate to a master agreement between the orchestra management and the Local. Copies of the personal contract and the master agreement are available at the Local’s offices to all interested members. Minimum rates, working conditions, and touring are specifically provided for. Only those services-rehearsals and concerts as specifically provided in the master agreement shall ever be considered as part of the services to be rendered by the musicians under the contract with the Symphony Management. All other playing must be contracted for separately and apart from the regular symphony season contract.
Section 16.02 ORCHESTRA COMMITTEE
In order to provide a liaison between the members of the Cincinnati Symphony Orchestra and the Cincinnati Musicians Association, and to assist in obtaining compliance with the contract provisions for musicians as well as the bylaws and regulations of the Local, it is desirable to have a representative group from the orchestra to serve on a duly established orchestra committee. It is understood that the work of the Committee shall be under the direct supervision of the Board of Directors of Local 1 and that the committee shall in no way infringe upon the prerogatives or authority of the Local.
SELECTION AND QUALIFICATION OF COMMITTEE
1. The committee shall be composed of five members.
2. All members shall be regularly contracted members of the Cincinnati
Symphony Orchestra in good standing of Local 1 and must have served three consecutive years in the orchestra prior to their election.
3. The President of the Local or his representative shall be an ex-officio member of the committee.
4. An election shall take place not later than the end of the second week following the beginning of the orchestra season.
5. The term of office shall be for two years with rotating terms; that is, three members elected one year and two members elected the following year.
DUTIES AND AUTHORITY OF ORCHESTRA COMMITTEE
The committee shall perform the duties usually assigned to union stewards and shall report the following things specifically:
1. All cases of insubordination, disrespect, or discourteous conduct toward the
conductor of fellow orchestra members.
2. All cases when the conductor or other agent of the company make insulting or belittling remarks or exhibits unprofessional behavior.
3. It shall be the duty of the orchestra committee to maintain that all Local 1 laws are observed. Any infractions committed by musicians, the conductor,
personnel manager, or management staff must be reported by the committee
chair to the President of the Local.
ARTICLE XVII DISSOLUTION
Dissolution of this Local requires majority approval of ninety percent (90%) of its members in good standing by a secret ballot vote.
This Local may not dissolve, secede or disaffiliate from the AFM or otherwise cease to exist without the approval of the International Executive Board. If this Local dissolves, secedes, disaffiliates, or its charter is revoked or canceled, or it otherwise ceases to exist, its officers must turn over all records, funds, assets, and properties to the AFM International President or his or her representative to be held by the International Executive Board for a determination of distribution. Under no circumstances may this Local distribute or dissipate its funds, assets or property, or any part thereof, among its members or others, in anticipation of or in preparation for its dissolution, secession, disaffiliation or cessation.