Negotiations

Our learned moderator has asked the panelists to address the following question:

Is the collective bargaining agreement negotiation environment the most effective tool professional orchestra musicians can use to influence the artistic and economic strategic direction for their respective organization?

A collective bargaining relationship is a necessary prerequisite to meaningful and effective musician participation in organizational decision-making. With that key relationship in place, the formal negotiation process becomes one of many ways in which musicians can exert influence and effect change in their symphonic organizations.

Collective bargaining gives voice to musicians. There is a power imbalance inherent in most employer-employee relationships. One public policy objective of labor legislation is to give employees the opportunity to redress that imbalance by organizing and bargaining collectively with the employer. This usually results in a collective bargaining agreement (CBA) that provides employees with some form of protection against arbitrary or unfair discipline or discharge. Such protection is essential if workers are to feel safe when speaking openly and frankly about workplace and organizational issues.

Historically, the negotiation process has proven to be tremendously influential in setting the economic direction of symphonic organizations. Since the 1960’s musicians have demanded and achieved significant gains in compensation through collective bargaining. Organizations have met those demands by supporting longer seasons through increasingly aggressive fundraising in the community. It can be argued that increased musician compensation has also influenced the artistic direction of organizations and of the field. Improvements in pay and working conditions have made music performance a viable career option for large numbers of talented people. Increased competition among musicians for orchestra jobs has driven the quality of playing to an extremely high level. This is not to say that negotiation outcomes always have a beneficial impact on the organization. There have been far too many instances in which one side or the other has inflicted a devastating result through the use of sheer brute force. Bargaining power must be used responsibly and negotiations must be conducted by both parties with great care and skill in order to effect positive change.

The question of addressing artistic issues at the bargaining table is an interesting one. It does take place, usually initiated by the union in a bid to rein in cash-strapped organizations that are cutting artistic corners. Union negotiating committees for per-service orchestras will often attempt to negotiate a minimum number of rehearsals per concert cycle in order to ensure that programs are properly prepared. Committees for orchestras of any size might wish to bargain for a minimum complement of musicians so that the music is performed with the appropriate numbers on stage. One negotiating committee was moved to demand a “hire the score” clause after the performing Brahms’ Haydn Variations with a tuba covering the contrabassoon part! Managements will sometimes engage in “artistic” bargaining as well, often by proposing changes that they feel would make it easier to dismiss an under-performing musician, or by attempting to place limits on “subbing out.”

But if musicians wish to have a positive impact on the strategic direction of their organizations, is it enough for them to get together with management only once every three years to negotiate a renewal collective bargaining agreement? Of course not. The bargaining process might yield opportunities for participation, such as seats on programming committees or on search committees for key leadership positions such as Music Director or Executive Director. But it is in the implementation of those negotiated outcomes that the opportunity for influence lies. It is also important that long term strategic decisions, such as major changes to the number of full-time positions or moving to a weekday rehearsal schedule, be discussed far in advance of formal CBA negotiations. Such changes have both an artistic and an economic component. They require buy-in and extensive planning on the part of all stakeholders if the change is to be successful.

Orchestra musicians are now, more than ever, getting involved in every aspect of their organizations. They take part because they are stakeholders. They take part because involvement provides opportunities for personal growth. They take part for the sake of the music. The collective bargaining relationship is, and will remain, a key component of musician participation.