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BPO orchestrating musician contracts

Thu, Aug 19th 2010 12:00 am
By DAVID BERTOLA
dbertola@bizjournals.com | 716-541-1621

After 43 years as a bassoonist with the Buffalo Philharmonic Orchestra, Ron Daniels knows a thing or two about harmony.

Entering his fourth year as president of the American Federation of Musicians Local 92, he also knows the importance of harmony between labor and management.

"There's a huge advantage to having a union president who also is a member of the group," said Daniels.

And when he and BPO Executive Director Daniel Hart were asked about the relationship between the union and management, Daniels said with a laugh, "I feel bad that we can't come up with any controversy."

That's largely because the two sides are in constant contact throughout the year on various issues and seem to have a healthy respect for each other. Hart said as with other unions, sticking points in negotiations regarding the ochestra revolve around wages and health benefits.

"This is where the rubber hits the road and where most of the conflicts come in, and I think they have been, at least in recent years, resolved amicably through our collective bargaining process," Hart said.

Labor attorney Randall Odza, a partner in the law firm Jaeckle Fleischmann & Mugel LLP, represents the Buffalo Philharmonic Orchestra Society in negotiations with the union for collective barganing. He is also secretary of the Buffalo Philharmonic Orchestra Society board of trustees.

"In my entire career, I have never been in negotiations where both sides are as devoted to problem-solving without rancor or animosity, true problem-solving negotiations," Odza said. "This is a tribute not to anything that I have done but a tribute to the orchestra itself."

Transparency is key to building trust

Odza says Hart, Daniels and others have built a culture where transparency exists among all constituents.

Part of this transparency is a five-person orchestra committee meeting that Hart coordinates every two months.

Hart said they try to hold regular meetings throughout the concert season.

"We also, from time to time, have full orchestra meetings where the board chair talks to them," he said.

They discuss finances, upcoming projects and, occasionally, parts of a recording contract that may need to be worked on.

"Anything that comes up from an opportunity standpoint, we try to flesh out," Hart said.

"It gives us plenty of time, as recording contracts sometimes require special concessions," Daniels said.

Wage freezes and loss of vacation time

Daniels said in recent years, the union has needed to work through concessions such as wage freezes (which have lasted three years) and givebacks that resulted in the loss of two vacation weeks.

"But when you look at contracts being negotiated nationwide, all the arts are in major trouble; they are at the mercy of grant writers and governments are trying to cut back," Daniels said. "When we conceded those (vacation weeks), it was with the understanding with management they would do the utmost to get us back to where we should be. If we didn't believe they were sincere, we wouldn't have agreed. Other orchestras have folded or lost a tremendous amount."

The current union contract expires Aug. 30, 2011. Odza expects contract negotiations will begin next spring. And if history is any indicator, they should be amicable.

"As far as I know, I think there is no issue of distrust. There's trust among everyone from the orchestra, the board, administration and there is absolute candor," Odza said. "They know whatever the news is about the orchestra and their future, a dedicated group and a board and administration recognizes their job is to support that orchestra."