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PHILADELPHIA MUSICAL SOCY. v. AMERICAN FEDN. OF MU

July 6, 1992

THE PHILADELPHIA MUSICAL SOCIETY, ET AL.
v.
AMERICAN FEDERATION OF MUSICIANS OF THE UNITED STATES AND CANADA



The opinion of the court was delivered by: BY THE COURT; MARVIN KATZ

 MARVIN KATZ, J.

 JULY 6, 1992

 This application for a preliminary injunction is a quarrel between an international union of musicians and some of its locals over the right to designate the number of local musicians to play on theatrical tours.

 The following are uncontested:

 1. The court has jurisdiction over plaintiffs' claim for breach of the Federation's Bylaws under section 301(a) of the Labor-Management Relations Act, 29 U.S.C. § 185(a).

 2. Plaintiffs are all local unions chartered by defendant American Federation of Musicians, and are labor organizations pursuant to section 2(5) of the National Labor Relations Act, 29 U.S.C. § 152(5).

 3. Each of the named plaintiffs is a local union comprised of individual Union members who engage in the performance of musical services.

 4. Defendant American Federation of Musicians of the United States and Canada (the "Federation") is an international labor organization representing professional musicians engaged in the performance of musical services. The Federation is a "labor organization" within the meaning of Section 2(5) of the National Labor Relations Act, 29 U.S.C. § 152(5). The Federation's headquarters is located in New York City, New York, and the Federation regularly conducts business within the jurisdiction of this court.

 5. Pursuant to the Federation Bylaws, the Federation negotiates collective bargaining agreements with various employers on behalf of the musicians they employ in various industries. The Federation conducts its collective bargaining program in two ways: first, the Federation itself conducts certain major collective bargaining negotiations, primarily where the affected musicians consist of members of more than one local union and, second, in other instances the Federation's local unions conduct negotiations on their own behalf.

 6. The Federation is recognized as the exclusive representative of musicians employed by employers in numerous industries and, in those instances, the Federation conducts collective bargaining negotiations on behalf of those musicians, including, for example, musicians employed by the phonograph record manufacturers, the theatrical motion picture and TV film producers, the TV networks, and the producers of radio and TV commercial announcements. The Bylaws authorize the Federation to conduct those collective bargaining negotiations and provide that the agreements reached in those negotiations shall be binding on all affected members. Article 13, Sec. 23(a), states:

 All members of the Federation, by virtue of their membership, authorize the Federation and its Locals to act as their exclusive bargaining representative with full and exclusive power to execute agreements with employers governing terms and conditions of employment. The Federation, by entering into collective bargaining agreements, does so for the benefit of all members of the Federation and each member is bound by the terms of such collective bargaining agreements. A Local of the Federation enters into collective bargaining agreements for its members and for Federation members who perform within the jurisdiction of the Local. Each member of such Local and each Federation member who performs within its jurisdiction is bound by the terms of the collective bargaining agreements executed by such Local. Similarly, the Federation licenses and enters into agreements with booking agents for the benefit of all members of the Federation each member is bound by the terms of such agreements.

 8. There are also circumstances in which collective bargaining negotiations are conducted by local unions. Constituent locals conduct such negotiations with various employers within their respective jurisdictional boundaries established when the local is granted a charter. Those jurisdictional boundaries are subject to being changed by the International Executive Board pursuant to the provisions of the Bylaws (Article 4, Sec. 1 and Sec. 11).

 9. Each of the named plaintiffs functions in certain circumstances as a collective bargaining representative for its respective members.

 10. In those instances where a plaintiff local negotiates a collective bargaining agreement with a particular employer, that agreement establishes the terms and conditions of employment for the musicians covered by that agreement.

 11. In those instances were a plaintiff local negotiates a collective bargaining agreement, it has been designated by its members as the representative of their own choosing to conduct those negotiations.

 12. Collective bargaining agreements negotiated by local unions sometimes contain, among other things, a clause specifying the minimum number of local union musicians who shall be allowed to play for an engagement of any kind that takes place in an established (venue) covered by that agreement within the jurisdiction of that local. Those clauses are commonly referred to as "local union minimums." Such local union minimums apply, by their terms, to all performances that take place in an establishment covered by the agreement within the local's jurisdiction -- including performances under the Federation's Pamphlet B theatrical touring musical agreement.

 13. Because local minimums apply to all musical performances, when a Pamphlet B production takes place in a venue covered by the minimum, the producer is required to employ the regular complement of Pamphlet B musicians plus the total ...


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