Read the Entire NES Response - Film Music Magazine

NEW ERA SCORING OFFICIAL STATEMENT – APRIL 11, 2007
New Era Scoring (NES) is a company whose mission is to bring session work back to
Los Angeles area musicians. NES firmly believes that musicians should be able to make
individual choices to accept all the work that is offered to them. Since our inception, we
have strived to provide accurate and balanced information on Financial Core Status for
those AFM members who wish to take control of their individual employment
opportunities without risk of fines from their union.
NES is focused on the solution to the problem facing the L.A. recording community. In
order to compete in the global scoring economy, NES sees the current need for our
professional community to offer clients a simple, competitive buy-out recording package
in Los Angeles.
We wish to respond to the recent AFM Local 47 letter which specifically referenced our
efforts in proposing Financial Core as a viable option for musicians. We will address
portions of the letter, which we believe based on our extensive research, has presented a
biased and prejudicial analysis of both Financial Core and New Era Scoring.

(The Local 47 text appears in blue. NES response is in black)
"New Era Scoring" & "Financial Core" Status
Los Angeles company attempts to undercut AFM scales and contracts
NES is a company focused on making more work available for Southern California
musicians. We target potential clients that have a set precedent of not ever recording
in L.A. because of existing AFM scales and contracts.
NES has advertised itself as a group of composers, contractors, musicians and engineers who
wish to keep scoring in Los Angeles.
Yes, NES is a consortium of industry pros that have a proactive approach to not just keep
scoring work here, but to bring new work that previously has never even considered
recording in Los Angeles.
Further, NES is encouraging AFM members to obtain “Beck/Agency Fee” status (or what NES
erroneously refers to as “financial core” status). They argue that with agency fee status, a
musician can perform both union and non-union dates without penalty. Sound like a good idea?
Not so fast.
"Financial Core" status (Fi-Core) is a widely known and accepted term for "Beck Status"
or "Agency fee". For the past 6 months, NES has conducted an educational campaign to
merely inform, not encourage, AFM members of Fi-Core status as provided for by US law.
The AFM has a legal duty to inform its members of the choice between "Full dues" and
"Fi-Core" status, but NES has discovered that the vast majority of musicians it has spoken
to have never heard of this choice. NES has always offered an unbiased and balanced
overview of the choices each individual legally has as an AFM member.
Fi-Core musicians can perform both union and non-union work. This is not NES’
argument, but an established fact under US law. Fi-Core musicians can work union jobs
and receive all the benefits of the Collective Bargaining Agreements (the fact is, this is
entirely what the financial core dues pay for). Additionally, they can individually choose to
work for non-signatory companies to supplement their income without fear of fines. For
certain AFM musicians, it may indeed be a very good idea.
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The option to take agency fee status means that a musician must resign from Local 47 and the
AFM altogether.
In a recently filed complaint with the National Labor Relations Board (NLRB), NES is
challenging the AFM assertion that a Fi-Core member resigns ‘altogether’ from the AFM.
NES’ legal team states that Financial Core is a form of limited membership in the union,
inasmuch as the Fi-Core member continues to pay core dues to support the union’s efforts
towards collective bargaining, and pays work dues when performing on union sessions. For
a more detailed explanation, refer to:
http://www.newerascoring.com/member.html.
In N.L.R.B. v. General Motors Corp., 373 U.S. 734 (1963), the Supreme Court held that
“…membership, insofar as it has significance to employment rights, may in turn be
conditioned only upon payment of fees and dues. ‘Membership’ as a condition of employment
is whittled down to its financial core.”
Should a musician choose to resign from Local 47, he or she will not be listed in the Local 47
members' directory, and will not have access to members' services and benefits (including, but
not limited to Studio 47, the rehearsal rooms, and the referral service).
It is true that Fi-Core members cannot have access to Studio 47, the rehearsal rooms, and
the referral service. In addition, Fi-Core musicians cannot attend union meetings or vote in
union elections. However, it is also true that musicians have full and legal access to all the
benefits of various CBA’s when working on a union job, including health and welfare,
pension and special payments.
The issue of being delisted from the Local 47 directory is currently being disputed by NES
through an additional complaint with the NLRB. There is no law that mandates the Local
to remove the Fi-Core member from the directory; it is a choice they make in order to
dissuade the member from exercising his/her legal right to go Fi-Core, thereby
disenfranchising the member.
Musicians who choose agency fee status must pay an agency fee for any and all work performed
under an AFM contract. So, agency fee status Musicians pay the local, but enjoy none of its
services.
Musicians pay the local ‘core dues’ to support the union’s efforts toward Collective
Bargaining, which is the main reason to be in a union. Most all musicians that NES has
spoken to, in fact use few, if any of the services the union offers, with the exception of
enabling them to play on a union session.
In order to achieve their end, NES will offer buyout options to companies in need of original
music- no special payments, no residuals, no new-use payments.
Our ‘end’ is educating players about options they have to make individual choices, with the
first hand realization that it is a global scoring economy. In order to be competitive with
venues such as Seattle, London and Eastern Europe, NES believes it is imperative to have a
buy-out option in place in Los Angeles.
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In order to offer a buyout, NES cannot use AFM agreements. This means that any NES recording
session will be a non-union date. Should an AFM member choose to take these sessions, he or she
will have no contractual protection from Local 47 or the Federation.
The hard reality is that non-union dates are being performed in Los Angeles on a daily
basis, by union musicians. NES sessions are conducted professionally, and have enabled
musicians to supplement their income to make up for the diminishing amount of union
work. NES’ Fi-Core sessions are a legal way for LA musicians to work as much as they can
without fear of fines.
Accepting a non-union date also means that no contributions will be made on your behalf to the
AFM Pension Fund, the Motion Picture and Television Fund, and/or Local 47's Health &
Welfare Fund. As far as Local 47 understands, NES has offered no alternative for pension
planning and/or health coverage for its participants.
Union members who currently accept non-union dates don’t receive any of the benefits
mentioned above. Because of the diminishing union work, many members do not even
qualify for health insurance under the Union contract, and must make additional monthly
payments to obtain basic coverage. NES actually has had many discussions with musicians
about including group health care benefits, as well as concepts such as profit sharing. NES’
long-term plan is to offer these benefit options to musicians on all its sessions.
Maybe NES isn't such a good idea after all.
Local 47’s opposition to NES stems from its need to protect the status quo, which serves a
relatively small amount of preferred members in its union. NES believes in leveling the
playing field for all Southern California musicians. We are empowering individuals with
information about their rights, and are providing more work for musicians by establishing
a buy-out rate for non-signatory clients in order to supplement AFM contract work.
Regardless of what NES reports, the recording industry knows that premiere professional
musicians are AFM musicians. Membership ensures that you will be taken seriously in your craft
and that your work will be protected.
If this is a fact, why does so much of the “recording industry” take its work out of town to
record its music?
What makes Southern California musicians the best in the world is their years of dedication
to their craft, not full-dues membership in the AFM. NES strongly believes that coupling
the premier musicianship of Southern California with a competitive economic package for
clients will ensure that our musicians can reclaim much of the work that actually originates
in L.A. but leaves town to record.
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Offering a buyout may be a quick fix, but NES will undercut any and all AFM recording
agreements, weakening our Union and eventually eliminating the possibility of new-use and
special payments.
Special payments are a valuable benefit and we all want to see them continue to be honored
whenever possible. But the reality is that so much session work is already avoiding special
payments by going non-union in destinations outside of Los Angeles. NES is bringing these
clients back to work in LA. This opportunity ultimately strengthens the union member.
Local musicians can then perform both existing AFM Signatory work (under AFM
contracts) and Non-signatory work (as Fi-Core musicians) and greatly increase their
income opportunities.
The AFM is aware that "runaway scoring" is one of the most important issues facing our union.
Losing recording to non-union cities and countries has cost us and we continue to look for new
ways to address the issue. But we know that resigning from the AFM is not the answer. Offering a
buyout is not the answer. And NES is not the answer.
Over the past decade, the AFM has done little about runaway scoring, as evidenced by the
continual flight of work to other venues outside of LA. Obviously, the AFM does not offer
an answer to this critical issue.
To date, many groups have done a lot of talking about the problems. NES is the only entity
implementing a real solution. We’re offering a legal way for non-signatory clients to work
here in LA with a buyout agreement. We are paying musicians a competitive wage. We are
making it possible for musicians to perform any work they choose without fear of fines or
penalties.
NES is strictly motivated by the needs of local musicians. We encourage an open-minded
discussion on the many issues facing our industry. Please visit our website at
www.newerascoring.com for a wealth of information on Financial Core and NES, and
discuss relevant topics on our open forum at www.katskin.co.uk/newera.
NES is a movement committed to effecting real change for the benefit of all musicians in
Southern California. Feel free to contact us at newerascoring@gmail.com to share your
thoughts with us.
Thank you,
The New Era Scoring Consortium
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