Down To The Wire In Indianapolis

The Indianapolis Symphony Orchestra (ISO) is a few weeks out from their February 3, 2013 deadline to raise $5 million. The goal is part of a deal that brought performances back to the public and ended an increasingly hostile labor dispute.

run aloneFunctioning as something akin to a cease-fire agreement, the board accepted the goal of raising $5 million while the musicians accepted a 25% salary reduction during the same period (additional details here). Regularly scheduled concert event took place and both sides agreed to lay off beating each other up in public statements.

According to an article by Indy Star music critic Jay Harvey and published in the 1/12/2013 Indy Star, the ISO has approximately $1.8 million left to go in order to reach their goal.

Worth noting at this juncture is a few months prior to the work stoppage, the organization was amidst an executive administration drain with several VP level administrators either leaving of their own accord or being removed by the CEO. As it turned out, the CEO, Simon Crookall, ended up beating a hasty retreat by departing the organization shortly after the executive purge. Since then the organization has been operating without a CEO and running on the barest minimum of staff.

What Happens If They Don’t Reach The Goal?

In short, they go right back to where they were before the bridge agreement was put into place. The orchestra’s collective bargaining agreement will officially expire and barring an agreement the same four primary options that exist in a traditional scenario will be available here.

Partial Agreement

agreeIf both parties are able to reach agreement on the majority of critical items, it isn’t unheard of to leave other issues such as health care benefits and pensions to ongoing negotiations. In these instances, conditions for continued bargaining are spelled out in a side letter to the newly signed collective bargaining agreement and the subsequent resolutions, once ratified by both parties, will be incorporated into the master agreement.

Play and Talk

play-and-talkIn this scenario, both sides agree to continue with scheduled events while negotiations ensue. Variables include written agreements stipulating the play and talk conditions such as whether or not the terms of the previous agreement continue unaltered until a new agreement is reached and/or imposing a new bargaining deadline.

Sometimes, both sides will agree to play and talk without any written agreement. Regardless of which version is utilized, this option is frequently used as it offers a pressure release for everyone involved although it does not guarantee any particular outcome.

Work Stoppage

dont do it!This option comes in two varieties; when musicians institute a work stoppage it is called a strike and when it is initiated by management it is called a lockout. It isn’t unusual for both sides to claim the other has initiated the work stoppage but the ultimate definition can be crucial when determining how the conflict is resolved. If the source of the work stoppage is indeed questioned, the matter is typically resolved by state and/or Federal authorities.

Regardless, under this option all scheduled events and activity will cease although both sides have been known to conduct ancillary concert action. For example, musicians can put on their own concerts and the association can turn into something of a presenter by bringing in performing arts acts, although these rarely include a full orchestra. It is most unusual to see an employer attempt to hire replacement musicians to carry on scheduled concert events.

Imposing A Contract

collateral damageIn this option, management will impose the terms of their last, best, and final offer (or a variation thereof). The claim here from management is that they are not initiating a lockout and musicians must report for contracted service duties, but under the terms of the imposed agreement.

This is arguably the most passive-aggressive option as it requires the musicians to either accept the offer or initiate a work stoppage by going on strike. However, other options include legal action that requires a judge to step in render a decision on whether or not an employer can enforce the terms of a contract.

Ultimately, imposing a contract is a high-risk option that carries a number of variables that are beyond control of either side. Consequently, its volatile nature makes this a dangerous option as outcomes are not dissimilar from the “solution of mass destruction” nature inherent with work stoppages.

About Drew McManus

"I hear that every time you show up to work with an orchestra, people get fired." Those were the first words out of an executive's mouth after her board chair introduced us. That executive is now a dear colleague and friend but the day that consulting contract began with her orchestra, she was convinced I was a hatchet-man brought in by the board to clean house.

I understand where the trepidation comes from as a great deal of my consulting and technology provider work for arts organizations involves due diligence, separating fact from fiction, interpreting spin, as well as performance review and oversight. So yes, sometimes that work results in one or two individuals "aggressively embracing career change" but far more often than not, it reinforces and clarifies exactly what works and why.

In short, it doesn't matter if you know where all the bodies are buried if you can't keep your own clients out of the ground, and I'm fortunate enough to say that for more than 15 years, I've done exactly that for groups of all budget size from Qatar to Kathmandu.

For fun, I write a daily blog about the orchestra business, provide a platform for arts insiders to speak their mind, keep track of what people in this business get paid, help write a satirical cartoon about orchestra life, hack the arts, and love a good coffee drink.

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