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RULES GOVERNING EMPLOYMENT OF MEMBERS OFAMERICAN FEDERATION OF MUSICIANS LOCAL 21
A. Services of any type are NOT to be recorded, reproduced, or transmitted from the place of performance, in any manner or by any means whatsoever, in the absence of a specific written agreement between a Purchaser and the Local relating to and permitting such recording, reproduction or transmission. However, this restriction shall not apply when such recording, reproduction or transmission is made in the course of bona fide news coverage and no compensation is accorded directly to the Purchaser for such recording, reproduction or transmission. All recording is done under separate contract obtainable from the union.
B. The wage scales, hours, working conditions, etc. stated herein shall apply to all services not performed under a collective Bargaining Agreement between a Purchaser and Local 21 or the AFM.
C. The prices stated herein are the minimum prices for all services.
D. The hours stated herein are the maximum (exclusive of overtime) and if less hours are consumed, no reduction in price shall be made.
E. Commencement of all services shall be no more than 15 minutes after musicians are instructed to report. Members must report 10 minutes before the start of engagement. Failure to comply will result in charges against the offender by leader and/or contractor.
F. Application must be made to the Local for the rate for any type of service not stipulated in this Price List.
G. All services should be performed under AFM approved contracts, which are available from the office, or under contract forms which include all of the language of the AFM contracts.
H. The stipulated number of musicians on all services performed under approved contracts mustbe adhered to.
I. Every Contractor must pay the musicians employed, the amount(s) specified by this Price List or such greater amount(s) as may be agreed upon, within 8 days after date of service(s) or receipt of payment (except in the case of MPTF).
J. No cancellation or postponement of any service(s) may be accepted by any contractor, unless acceptable to all musicians engaged or so specified in the contract.
K. Every member of this Local contracting any type of service shall, as far in advance of the date of service as possible, file written notice with the Local furnishing the following information: 1. Name and address of contractor or of individual performing. 2. Date, Place, Hours and Type of service(s) 3. Number of musicians engaged and their names and social security number. 4. Inform of archival recording.
L. A copy of the executed contract should be filed before the engagement if possible or, following AFM bylaws Article 13 Section 32, within 5 days after the engagement.
M. All contract information shall be considered confidential and this office shall not divulge any part of it except when offered as evidence before the Board of Directors or in court. N. When engaging musicians, the contractor must give the following information: 1. Date, Place, Hours and Type of service(s). 2. Wages for the service(s). 3. Inform of possibility of archival recording.
O. The Contractor shall assume the responsibility of seeing to it that reasonable working conditions are afforded the musicians engaged for any and all services, i.e. ample room and lighting, reasonable temperature, safe storage for cases, coats, etc. and any other conditions necessary to exact a maximum performance quality. Musicians will not be required to perform without adequate protection from the elements including direct sunlight, gusting or heavy winds, any form of precipitation, or when conditions might damage instruments or be dangerous or unhealthy to the players, or where temperatures fall below sixty-two degrees F, or exceed ninety degrees F. To the extent applicable, these conditions apply to outdoor and indoor concerts except that indoor temperatures are not to exceed eighty-five degrees F. Musicians shall report perceived violations to the contractor immediately. Failure on the part of the contractor to act upon behalf of the musicians shall subject the contractor to charges. Continuous violations may result in revocation of contracting privileges.
P. In accordance with Article 13, Section 5 of the AFM bylaws, members engaged by a contractor will be held individually accountable for performing with any non-member musicians also engaged by the Contractor.
Q. Failure of a Contractor to advise and/or exact cooperation of a Purchaser with respect to any of the foregoing rules relative to recording, payment, postponements and cancellations shall make the Contractor responsible for payment to all musicians engaged for a service or services.
R. Every Local and Federation member performing engagements of any kind whatsoever in the jurisdiction of Local 21 shall pay to this Local, via the Contractor or Leader, Work dues in the amount of 4% of scale set for said engagements.
S. Every cooperative group, band or orchestra shall designate one member of the group who is a member of the Federation, to act as leader for the purpose of complying with Local and Federation regulations governing bands and orchestras.
T. No contractor shall hire any musician not a member of Local 21 until all possibilities within the Local have been exhausted. Then members of the AFM from other locals may be hired upon permission of the President or the Executive Board.
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