This story has been updated.
In a previous AZOOMA blog, "Florida Grand Opera Fires Orchestra," a story was posted based on an article from the Miami Herald. As it turns out the Herald story got the facts wrong - and consequently so did we. However, the Herald may have done so with purpose, according to sources in the American Federation of Musicians (AFM).
Representatives from the South Florida Musicians Association Local 655 (SFMA), claim that Miami Herald reporter Lawrence A. Johnson has an agenda against the opera orchestra and its conductor. In a March 3rd article spelling out details on FGO’s 2008-2009 season, Mr. Johnson writes this aside in the final paragraphs:
In related news, FGO has confirmed that the company will not renew its contract with the Florida Classical Orchestra next season.
The substandard quality of the orchestra, contracted through Sunset Entertainment of Delray Beach, has come in for harsh criticism this season.
[Justin] Moss [Managing Director of Marketing and Communication] said that the company is exploring alternatives for next season. ''We have many options that we are pursuing,'' Moss said.
According to the SFMA, the Opera has denied this statement. They claim that the Herald critic has a "mission to personally attack the Opera, its music director, and the orchestra and is also known to have printed statements for which there is no documented proof.”
To those acquainted with the current situation in Columbus, this may sound familiar. A story in the Columbus Dispatch reported incorrect facts on contract negotiations that in effect, threw buckets of gasoline on the flames. This story has been widely disputed by the Columbus musicians and Internet arts bloggers such as Drew McManus, Charles Noble and Robert Levine. Orchestra management and musicians in Columbus later agreed to a press blackout, but this did not seem to stop the Dispatch from editorializing the issue even further.
Sometimes eager news reporters intentionally exaggerate facts or even inflame situations to create a story rather than provide fair, objective coverage. So it appears to be in the competitive age of "if it bleeds, it leads" reporting - even if the story is based on fabricated or misleading information (as it seems to be the case in Columbus and in Florida).
The truth of the matter in Florida is that the opera musicians have performed for FGO consistently since 2001, and have been the exclusive pit orchestra for FGO since 2003. The musicians last January announced to FGO that they had obtained the orchestra's permission for union representation through the American Federation of Musicians' Local 655.
The FGO however asserts that they are not the musicians' employer and have refused to speak with the union, except through an attorney.
Currently the musicians receive compensation through a third party, Sunset Entertainment, which has advertised the ensemble as the "Florida Classical Orchestra." Sunset Entertainment acts as a third-party contractor for several companies in south Florida, including various symphony, opera, Broadway and ballet productions.
It is interesting to note that as of a few weeks ago the "Florida Classical Orchestra" was prominently displayed on the main Sunset Entertainment website. Now the orchestra is only to be found via an indirect Google search. In their apparent zeal to erase the orchestra from existence, Sunset Entertainment neglected to remove the orchestra's pages from their host server.
This third-party arrangement through Sunset Entertainment appears to be the basis for FGO's claim to not be an employer for the musicians. SFMA representatives call this "a typical shell game played by musical organizations in south Florida." Using third-party contractors is a "back door" tactic for employers to circumvent collective bargaining. The majority of services for the "Florida Classical Orchestra" were for Florida Grand Opera, whom the SFMA believes is a joint employer, if not the actual employer.
In their attempts to organize the FGO musicians and break free of Sunset Entertainment, SFMA anticipates a legal battle to prove that FGO does indeed control the musicians' workplace. SFMA also believes that FGO may be making plans to replace the current orchestra with an entirely different orchestra next season.
With the recent demise of the Florida Philharmonic and Boca Pops, the Palm Beach Opera (a ROPA orchestra) is the only contracted orchestra left standing in south Florida. SFMA hopes to prevent FGO from becoming another per-service, "pick-up" orchestra.
As our own AZOOMA website points out, other major metropolitan areas' opera companies have separate and dedicated pit orchestras and south Florida, asserts SFMA, should be no exception.
SFMA is asking the general public for letters sent to FGO requesting that they recognize Local 655 as the bargaining agent for the opera musicians who are exercising their legal right to collectively bargain.
Please send letters of support for the musicians to:
oc@fgomusicians.org
Please direct letters requesting voluntary recognition to:
Robert Heuer, General Director & CEO
FLORIDA GRAND OPERA
Doral Center
8390 NW 25th Street
Miami, FL 33122-1504
8 comments:
Thank you for writing this article. I would say that this is a much more accurate account of the situation than any other articles I have read in the past. The truth is that when FGO decided to use these "back door" tactics in 2001, they did lose quality control over personnel in the orchestra. But instead of pursuing legal CBA procedures, they preferred to go the cheap route and save some cash. Well, I believe the saying is "you get what you pay for." So rather tha negotiating with the orchestra for "quality control" now, they want to up and hire an entirely new orchestra. Sounds to me like they are less interested in quality and more interested in saving a buck.
Alas with an opera pit orchestra it is all too easy for a company to be tempted to cut corners like these. The orchestra is out of sight and they think that the public is none the wiser. It's like those stupid blockbuster Hollywood movies that spend millions on visual CGI effects, but neglect to inject any soul or emotion into the film where it counts. An established and dedicated opera orchestra can raise the level of the company's productions from mediocre to good - it puts the soul and emotion into it.
In the FGO's case the orchestra is not even mentioned in the company's web site as a contributor to the artistic process - I am guessing that the orchestra isn't even given credit in the audience programs? The FGO musicians need to make make some noise and make their presence known. A blog like this one would be a good start.
The Florida Grand Opera has now confirmed that they will engage a different orchestra contractor for next season and it is rumored that this new contractor has no intention of hiring any the musicians who have performed for the opera for the past seven years.
In response to the comment from the FGO Musicians, I don't think it is a true statement that "this new contractor has no intention of hiring any the musicians who have performed for the opera for the past seven years".
If he doesn't know something, he should ask around before making panicking statements like that one and speak with facts rather than rumors. Let's be serious, at least.
No one will know for sure until the first rehearsal in the fall whom the new contractor intends to hire, but many musicians have confirmed that they have already been contacted, and to date only two of those individuals are among the 50 currently playing for FGO.
Also, the new contractor, a member of the musicians union, has been contacted by the union in the past regarding his practice of hiring students and musicians from out of town instead of the available local professionals, and his response at that time was that he would hire whomever he wished. Several of the current musicians have tried to contact the new contractor and have either received no response or were told that they would not be hired to play for the opera.
This is the other side of the story that no one is telling, and I think we should refresh it.
FGO had a contract with the Florida Philharmonic and decided to ended and use another orchestra. The FGO signed a contract with Mr. Kurt Hagen, for his services as a contractor to put together an orchestra. He did, and for seven years. Three years ago his contract was renewed, and everyone was waiting for the FGO to do the same this year. That didn't happen for a variety of reasons.
FGO decided to call another contractor. The same way that MCB decided to call another contractor last year and cease the services of Mr. Kurt Hagen, and for the same reason. But the musicians didn't protest last year, although the MCB did protest for the quality of the orchestra (Florida Classical Schedule B) that Mr. Hagen was providing.
Don't tell me that Mr. Hagen didn't choose the musicians that he contracted. Don't tell me that it was only the voice of Mr. Robertson dictating who were the fortunated to play in the ensemble. Maybe Mr. Robertson did for less that 5 specific players that he knew from Florida Philharmonic and only for the principal seats in the strings and they are not playing in the current orchestra. Mr. Hagen didn't call for auditions for every seat of the orchestra, neither did the FGO. So, don't begin the blame game because of something that is the same mistake from the two sides.
Let's keep refreshing that Mr. Hagen had seven years to negociate with FGO in order to make his orchestra (Florida Classical Orchestra) the title of the Florida Grand Opera Orchestra, and for one reason or another, that or never took place or didn't work.
And let me remind everyone, that your paycheck doesn't come from the FGO, but from the Florida Classical Orchestra. Also that, all of you signed a contract stating that all and each one of you is an independent contractor and at the end of the year you keep receiving a 1099 form to fill your taxes.
You are the independent contractors of the Florida Classical Orchestra, that provides services to FGO and Sunshine Pops.
I think it's deceiving to others to be calling yourselves names that you are not entitled with.
The situation is sad. Don't make it pitiful.
swgiger
swgiger:
You assume way too benevolence for a contractor that provides a service for profit. Let's crunch some hypothetical numbers:
Assume that each musician for 5 operas in two cities makes a similar amount of money as AZOOMA does (which has posted their wages on their site) - $6,332.80. The AZOOMA group performs almost an identical schedule: 5 operas in two cities. Now multiply this by the number of musicians in the orchestra (rounded down to 60). That amount is $379,968. Since some productions like Mozart operas involve fewer instruments, let's round that amount down to $300,000
Contractors add fees for their services. This usually is a percentage between 10 and 25 percent. Let's guess-timate 15% for the sake of argument.
That amount is $45,000.
Why on earth would a contractor-for-hire want to negotiate any deal with an employer on behalf of musicians from which he is making such a profit?
Besides the point that a contractor has no business whatsoever engaging in a collective bargaining negotiation, bargaining on behalf of the orchestra would force the contractor to surrender their profit for the collective. Mind you, this is just an estimate and most likely the $45K figure is actually much higher than my conservative estimate.
Your arguments hold no weight and assume that a profiteer would surrender that profit to act on behalf of others.
In regard to your comment on a contractor holding auditions:
Contractors are not in the business of fairness or collective bargaining. They provide a service - in this case, contract musicians for an orchestra - and make money for it above and beyond performing in the orchestra.
Your argument that the contractor had a chance to audition orchestra members and pursue the name of Florida Grand Opera Orchestra assumes that a contractor-for-profit would want to act as a negotiator on behalf of the FGO.
This comment is naive at best and ignorant at worst. If you are indeed a "gigger" as your moniker suggests, you need to wake up and smell the coffee. The world just does not work that way.
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