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Departments

RECORDING DEPARTMENT

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Department Functions
Payroll Check Disbursements: "Why do my checks go to the union?"
Recording Check Window Location: Second Floor, Local 802
Your responsibilities as a union musician
What is scale?
What Is the Union Contract Worth to You? More Than "Scale"


The National Contracts Department of Local 802, also often known as the Recording Department, is responsible for administering AFM Electronic Media Services labor agreements as well as the local's own recording agreements. The AFM has collective bargaining agreements with more than 5,000 employers, covering music for film, broadcast television, cable, radio, CD recordings, visual appearances ("side-lines"), commercial announcements, CD-ROMs and more. These agreements cover all the music produced under them, regardless of style. Anyone who works as a musician for a signatory to an AFM labor agreement is covered and is entitled to receive the minimum wages and premiums, as well as health and pension benefits, specified by the agreement. While a musician cannot be paid less than the amount the contract stipulates, there is nothing to prevent an employer from paying more. Moreover, a musician cannot surrender his/her rights or alter the conditions of the agreements, voluntarily or otherwise.

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Department Functions

1. Contract Administration
The department's primary responsibility is to ensure that all terms and conditions of the union's labor agreements are met. Effective contract administration begins with the filing of a performance report for each and every session played. AFM labor agreements stipulate that it is the responsibility of the leader, contractor or individual musician to submit a completed performance report, along with I-9 and W-4 forms, to the producer or agent of the employer. It is in musicians' best interests to complete these forms since the performance report is, in effect, an invoice for the musicians' services. And prompt filing of the report helps guarantee that musicians will be paid in a timely fashion (defined in the contract as within within 15 business days of the date worked) or, if they are not, that the clock will start ticking on late-payment penalties. (However, if for some reason this isn't feasible, producers of phonograph recording sessions may now make out the performance report.) All forms can be picked up in the Recording Department or downloaded from this site, and our staff will be happy to answer your questions about how to fill them out.

2. Studio Visits By Union Representatives
An important means of monitoring studio work is through recording studio visits made by Local 802 representatives on a random basis. Some studios are visited more often than others, but most in New York City are visited at least every couple of weeks. If a session is in progress and it would be disruptive for the business representative to speak with musicians at that time, the rep will take note of the important information - label or show, producer's name, artist, and the number of musicians on the session. If multiple days are booked, reps try to return to meet with the musicians and producer to resolve any questions. But whether or not we meet with the musicians, we always make note of the sessions taking place in order to ensure that performance reports are filed by the employer and that musicians are paid correctly and as quickly as possible. If we have not received a performance report and checks for the musicians within two weeks of the session, we contact the employer to inquire about the status of that payroll.

In calendar years 2000 & 2001, Local 802 collected nearly 2 ¾ million dollars for musicians in wages and benefits as a direct result of union grievances.

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Payroll Check Disbursements: "Why do my checks go to the union?"
Since the union receives recording payroll checks and performance reports, we are able to catch wage and benefit shortages or omissions (overtime payments, premium time, doubles, musicians left off performance reports, etc.) and file a contract addendum for any additional wages or benefits owed. This also enables Local 802 to enforce contract provisions - for example, we can bill employers for penalties on late wage payments, because we can document when the original payment was received.

When members come to the recording window to pick up a check, union reps are available to answer any questions or concerns they may have about their work.

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Recording Check Window Location: Second Floor, Local 802

Phone: (212) 245-4802 and ask for recording checks
Hours: Monday through Friday, 10 a.m. until 4 p.m.

If you live in New York City, call to see if checks are being held for you. You can pick them up at the union, at which time work dues are payable.

Or e-mail us your name, Social Security number and the date and time you will be in and we will have your checks ready for you.

If you live outside the Greater New York area, you will receive a notice of any checks in your name. You can send the work dues and a self-addressed envelope to have your wage check/s sent to you.

Your Best Bet!!!
Earn interest until you write your checks:
Wherever you live, you can arrange for direct deposit of your recording checks to an Actors Federal Credit Union account. AFCU's services are available to all AFM members, and a branch office is located on the 4th floor of the Local 802 building.


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Your responsibilities as a union musician:
Remember that payment can not be issued until the employer has your completed I-9 and W-4 forms. If you are the sole musician, leader or contractor on a date, be sure to fill out the union report form to submit to the employer for payment. (Keep a copy!) Let union representatives know about scheduled session dates. This is the best way to ensure that union standards will continue to be met. Report new use, re-use - any use, anywhere - of your recorded work. The union often learns of unpaid use of union recordings through our members.

What is scale?

On a phonograph recording session, as of Feb. 1, 2004, most people will tell you it's $339.20. That's the minimum to be paid a side-musician for a regular (not a Limited Pressing, Low Budget, Demonstration, Location, or Royalty Artist) three-hour session in which no more than 15 minutes of music is recorded. (Check the current scale sheet on this web site.)

But if you're the only musician on the session, you get solo musician/leader scale - twice the scale for a side-musician. Say you play three unrelated instruments . . . that's two doubles, an additional 35 percent in wages. And if you record three tracks, that's two over-dubs -and that means two additional scale payments. The total of all these additional payments raises scale for one session to $1,475.52. There could also be overtime and premium time payments.


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What Is the Union Contract Worth to You? More Than "Scale" -

New Use: When music recorded in one medium shows up elsewhere - in a different medium for a different purpose - then your name on the union contract can mean an additional wage payment. For example, a CD recording used in a film soundtrack is a new use.

Re-Use: Many electronic media agreements call for additional payments to be made for the continued use of your recorded music. Examples include television programs and commercials (jingles).

Market Areas: Sometimes union wages will be paid for recorded music to be broadcast in only one geographic area. Additional wage payments are required for use beyond that area - for example, in more than one region of the United States, or in England, Latin America, Japan, etc.

Supplemental Market: The entertainment industry markets its products in many ways. A film can be sold on pay-per-view television, then sold again on home videocassette. Union agreements mean additional payments to you.

Special Payments: A union phonograph recording date means that you share in the sales of the recording industry, via a check that is mailed to you automatically. Depending on how many union recording sessions you do, those checks can amount to an additional 30 percent of scale wages, paid out over five years. Film special payments can amount to 50 percent (or more!) of film scale wages.

Health and Pension: Electronic media agreements require the employer to make contributions to the union's health and pension plans. Union scale is the minimum wage you should receive for what you do.

The Recording Department is located on the 2nd Floor of Local 802's offices.
To reach us by phone, call (212) 245-4802:
Supervisor Jay Schaffner, ext. 161, or e-mail jschaffner@local802afm.org
Executive Administrative Assistant Jennifer Coolbaugh, ext. 162, or e-mail jcoolbaugh@local802afm.org
Principal Business Representative David Sheldon, ext. 194, or e-mail dlsheldon@local802afm.org
Recording Business Representative Diana Cohn, ext. 191, or e-mail dcohn@local802afm.org
Administrative Assistant Bill Crow, ext. 118, or e-mail bcrow@local802afm.org


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