"Composers are the only creative group in the radio, television, motion picture, recording and other entertainment fields without the protection and guidance of a guild. All other creative groups in these fields, without exception, enjoy the right of collective bargaining in their relations with employers. This standing separately, rather than together as a guild, is one of the primary reasons why fees for composition (as separate from orchestration or arranging) have practically disappeared. Further, the practice of no fee for composition is being carried into television in a frightening percentage of cases. This is only one of many abuses common in these fields, and the composer without an organization to back him up can only accept the situation."
(Drafted in November, 1953, the opening paragraph of a five-page paper declaring the need for a composers' guild.)
A Brief History of Composers, Lyricists and Collective Bargaining
The first group to organize composers and lyricists for their collective good was the Screen Composers Association (SCA), formed in 1945. That was followed a decade later by the Composers and Lyricists Guild of America (CLGA), a labor guild that, from 1960–1970, had a collective bargaining agreement with the major Hollywood studios covering:
- Wages/Minimums
- Working Conditions
- Pension
- Health Benefits
Both groups included the major names in film music history — people like Max Steiner, Erich Wolfgang Korngold, Miklos Rozsa, Alfred Newman, Franz Waxman, David Raksin, Hugo Friedhofer, Alex North, Bernard Herrmann, Dimitri Tiomkin, and Henry Mancini.
In 1972, after a three-month strike, 71 members of the CLGA led by Elmer Bernstein filed a class-action lawsuit against the major studios. The lawsuit was settled in 1979, but the protracted legal battle led to the guild's dissolution in 1982.
In 1983, with the help of the Writers Guild of America (WGA), the Society of Composers and Lyricists (SCL) was formed by a small group of composers and lyricists led by James DiPasquale and Norman Gimbel. In 1984, the National Labor Relations Board denied guild status to the SCL, but the Society has continued to function successfully in disseminating information about the craft and business of creating music for all forms of contemporary media. While union status remains an objective, composers and lyricists remain the only creative group in the radio, television, motion picture, recording and other entertainment fields without the protection and guidance of a union.
The Possibilities of Collective Bargaining Today
For the past four years, an independent committee of working composers and lyricists has explored the possibilities of joining a recognized guild or union for the purpose of collective bargaining. After discussions with the Writers Guild, the American Federation of Musicians, and the SCL, it is the considered opinion of the committee that our best chance to achieve a collective bargaining agreement at this time is to partner with the Teamsters. Our primary interest in joining with the Teamsters is the negotiating leverage that such an alliance would offer.
In 2006, with the help of the Teamsters, the Casting Directors were successfully organized, receiving voluntary collective bargaining recognition from the AMPTP without having to strike and/or miss any time from their jobs.
Over the past several years the Teamsters' membership has expanded to include many diverse occupational groups for whom it has negotiated very successfully. These new Teamster members include:
- Attorneys
- Police Officers
- Nurses
- Doctors
- Casting Directors
There are, however, many concerns to be addressed.
The following are the answers to several basic questions regarding our affiliation with a union:
What is the goal in joining with the Teamsters?
Through many conversations with composers over several months, both individually and in groups, the committee has decided that the one primary and immediate goal of joining with the Teamsters is to achieve "benefits only" from the employers. "Benefits only" means employer contributions towards health insurance and pension. The committee believes this goal is a matter of essential fairness and would provide all composers and lyricists working in film and television with the basic benefits that almost all individuals working in the film and television industry presently enjoy.
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What are the benefits of joining the Teamsters rather than continuing to work independently?
Any benefits to be derived stem from the ability and power the union has to provide–or withhold–its collective services, an advantage that an individual does not possess to any significant degree.
Through the process of collective bargaining, both employer and employee negotiate standardized contractual agreements regulating:
- Health Benefits
- Pension Benefits
These benefits are difficult - if not impossible - to obtain and to manage for a composer or lyricist working independently. Most important, the union will be able to enforce its contracts legally.
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What will a union not do on my behalf?
The union is neither a hiring house nor an employment agency. The union will not negotiate individual employment contracts, secure better deals or perform in any way as an agent in securing work for its members.
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How will joining such a union affect my work in films, in TV projects, or in my commercial/advertising projects?
Joining a union should immediately provide you with standardized health and pension benefits. It will have little or no negative impact on your work.
Most important, all union members benefit by working under the terms of a binding contract that specifies:
- Collective Bargaining
- Union Representation
- Health Benefits
- Pension Benefits
A first agreement will not address all the issues our craft confronts. It is a first step in that process.
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Can I work on non-union productions?
In instances when production companies either refuse to become, or have not yet become, signatory to the union agreement, union members can work on non-union jobs as long as the union is notified.
However, though members would not be bound by the collective bargaining agreement, they would not receive any union benefits nor have the advantage of union representation if problems arose with the producer/employer during the term of employment.
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How does a union affect agents and managers? Will their commissions be affected?
A union should not affect agents and managers. Commissions will not be affected since they are not part of a union's purview. The organizing committee believes the job of an agent or manager becomes easier with a collective bargaining agreement in place.
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Will a union help us with other issues?
A union will definitely be of benefit to all composers and lyricists. Joining a group that stands together in collective bargaining allows the individual to benefit from the strength of the group without being singled out individually. Also, having Teamster lobbyists in Washington and California can help with legislative issues of concern to our community.
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What will it cost us to organize as an affiliate of the Teamsters?
The Teamsters assume all costs associated with organizing and negotiating with the AMPTP to achieve a collective bargaining agreement for composers and lyricists.
Once a collective bargaining agreement is achieved, composers and lyricists working under the agreement will pay initiation fees and dues.
Becoming eligible for collective bargaining is not a sure thing. Much work has to be done before we find our way to union representation. If union status becomes a reality, composers and lyricists will enjoy the representation, protection, and the benefits that, for more than a generation, have been denied us.