National Labor Relations Board concludes CSA committed numerous unfair labor practices
February 14, 2017
An Administrative Law Judge of the National Labor Relations Board concluded that the Colorado Symphony Association (“CSA”) committed numerous unfair labor practices in its efforts to alter the terms on which its musicians are compensated for recording commercial CDs, videogames, and motion picture scores.
Based on the evidence adduced at an eight-day trial in Denver, Judge Geoffrey Carter held that CSA breached its duty to bargain with the American Federation of Musicians (“AFM”), and repeatedly violated the law, by refusing to provide the AFM with requested information about its media projects, imposing a media offer in the absence of lawful impasse, bypassing the AFM, and recording commercial media without compensating orchestra musicians in accordance with its collective bargaining agreements with the AFM. Judge Carter ordered CSA to rescind its unilateral changes and compensate the musicians in accordance with the applicable AFM commercial recording agreements. Bredhoff & Kaiser attorneys represented the AFM both in the protracted negotiations with CSA and in the ensuing unfair labor practice proceedings. Bredhoff & Kaiser has long represented the AFM in industry-wide negotiations with orchestra managements over media issues, in which the union has preserved the separate value of, and separate musician payments for, media recorded by symphony, opera, and ballet orchestras.