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PHILADELPHIA MUSICAL SOCY., LOCAL 77 v. AMERICAN F

December 2, 1992

THE PHILADELPHIA MUSICAL SOCIETY, LOCAL 77
v.
AMERICAN FEDERATION OF MUSICIANS OF THE UNITED STATES AND CANADA



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

 KATZ, J.

 Both sides have requested this court decide this action on the basis of their cross-motions for summary judgment and a hearing. This action arose over a dispute between an international union of musicians and one 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 plaintiff's 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. Plaintiff ("Local 77") is a local union chartered by defendant American Federation of Musicians, and is a labor organization pursuant to section 2(5) of the National Labor Relations Act, 29 U.S.C. § 152(5).

 3. Plaintiff 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:

 
7. In conducting Federation negotiations, the Federation's longstanding practice is for the President to appoint a Federation Negotiating Committee consisting of officers (elected members of the International Executive Board), Federation counsel, and staff personnel. The officers of the major local unions whose members are covered by the terms and conditions of employment established by the Federation agreements are customarily appointed to an Advisory Committee that provides input and advise to the Negotiating Committee. Under the Federation Bylaws, all Federation negotiated agreements are subject to a contract ratification procedure in which eligible musicians -- based upon prior employment under the agreement being ratified -- are eligible to vote (Article 13, Section 23(b)).
 
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. Plaintiff functions in certain circumstances as a collective bargaining representative for its members.
 
10. In those instances where a local, like the plaintiff, 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 local, like the plaintiff, 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 establishment (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 number of local musicians provided for in the local's minimum.
 
15. The touring musicians covered by Pamphlet B are but one type of "traveling" musician subject to the Federation's jurisdiction. More common are the traveling musicians who reside in the jurisdiction of one local (the "home" local), who are employed for a short term engagement in another jurisdiction and then return to their home local upon completion of that engagement. This type of traveling musician is not covered by collective bargaining agreements. Their terms of employment are unilaterally established by the ...

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