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Klarinet Archive - Posting 000531.txt from 1997/09

From: "Edwin V. Lacy" <>
Subj: Re: Prof. Musician: Employee or Contract Labor
Date: Wed, 10 Sep 1997 16:15:42 -0400

In my previous post on this topic, I forgot to mention one other factor.
Any orchestra can have an election and can elect whomever the members
choose as their agent or representative. However, under the provisions of
the Taft-Hartley labor law, the board of directors or management of an
orchestra is not bound by the results of that election unless the
orchestra has a budget of at least $1 million per year. Further, if the
players request it, and the budget is at least that great, the National
Labor Relations board will supervise the election, and then it is binding
on all parties.

It is possible that the minimum budget amount may have been revised upward
in recent years due to inflation.

So, if the players in an orchestra with a budget of less than one million
care to hold an election, they may do so. But, they will have to be sure
that all the players in the orchestra agree to abide by the terms of the
election and any contract, and that they will withhold services if the
management does not meet those terms. This is often very hard to do in
per-service orchestras, which typically have many "imports" or travelling
players, a combination of older and younger players, experienced and
inexperienced players, and sometimes even professional and amateur

Ed Lacy

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