We are “indie” musicians Union members

We record for independent or self-released labels and work the recording-related network of clubs, festivals, and touring circuits.

We are not marginal: According to the 2018 Indie Musicians Caucus of 802 Survey, over 18% of Local 802’s members earn the majority of their income from work in the indie sector. Over 70% of 802’s members do some work in the indie sector, as do the large majority of the NYC area’s 50-80 thousand unorganized music workers. We are not scabs or amateurs. We are working professional musicians: and we need a Union.

But for nearly half a century, structural obstacles in the bylaws and institutional practices of the AFM and its locals have blocked indie musicians from recognizing the AFM as the Union we need. Indie musicians have little or no representation in Local 802’s government.

There is no accountability of the Union’s governance to our community. Our rights to democratically control Union organizing of our gigs have not been respected by the Union. Local 802 has never committed the resources needed to organize our work.

Indie musicians need a Union that represents, respects, and empowers us. In order to make the AFM that Union, we propose the following changes at the local 802 and AFM level:

• Permit DJ/Producers as AFM members

  It is not possible to organize the contemporary recording industry—indie or major label—without representing the DJ/producers who create hip-hop, techno, EDM, etc.

  We are thrilled that the June 2023 AFM Convention adopted, at Voices of Power and Unity members Resolution #21 stating that “We publicly affirm and welcome DJ’s, Hip Hop, and EDM artists as members of the AFM.”

  We are proud of IMC’s role in articulating that resolution.

  But it is of little use to DJ/Producers to be “welcome[d] as members” if they remain excluded from the contracts through which members benefit.

  “A DJ playing music that contains samplers is not covered…. Further details pertaining to sampling can be found in SRLA — page 18.”
  –Mary Contini

  We recognize the legitimate concerns of those currently working under SLRA and AMPTP contracts wishing to avoid sampler based technological displacement. But these fears alone cannot form the entire basis of AFM policy. Any policy that results in the exclusion of the music workers producing the best selling pop music and the major expression of Black musical creativity of our time is not acceptable—and destructive of the solidarity needed to face the challenges of AI displacement that threaten us all . Mutually acceptable language can and must be found, and indie DJ/producers who create hip-hop, techno, EDM music workers must have voice in the process of finding it.

• Repeal Article 10 Section 7 requiring the “Alligator Clause” in all AFM contracts.

  AFM’s bylaws require that all contracts—even for live gigs—must include an “alligator” clause specifying that any recording taking place under the contract is subject to AFM requirements. It is forbidden to include any recording language other than that. Precisely which AFM contract is appropriate in any situation is determined by the AFM. While we agree that no contracts should undercut AFM recording scale, this clause violates indie musicians’ democratic right to determine our own demands. And it gives AFM “International” Union officers who are not elected by or accountable to local indie members decision making power (to effectively deny or permit all recording work) in every AFM contract. It has effectively blocked indie organizing of local live performance--few indie musicians are going to give an unaccountable International AFM control of whether they work or not—without significantly increasing the amount of recorded work under Union contract.

• Voice in governance

  Union Executive Boards should recognize Indie Musician Caucuses at the Local level, and give them voice in all decisions affecting Indie musicians.The AFM should establish an Indie Musicians’ Members Conference with a vote on the International Executive Board, and voice in all AFM contract approval processes affecting Indie musicians.

• A Tiered Dues option for active organizing campaigns

  For musicians working intermittent gigs, no single one of which pays enough to justify full Union new member dues, the demand for full dues is an impediment to organizing. We propose that Local Executive Boards be permitted, at the request of organizers and rank and file organizing committees from the bargaining units affected, to establish tiered levels of membership dues for new members inducted through active indie sector organizing campaigns, with the amount of dues pegged, for a limited time, to the amounts earned through work under Union contract. If enacted as one component of an overall campaign that also includes concrete strategies and benchmarks for bringing additional venues under contract, and developed in dialogue with organizers and indie musicians from the gig (the “bargaining unit”), a tiered system of dues/membership could help grow the union in the indie sector.

• Honesty

  Repeal bylaw provisions pledging members to accept only Union work. The right to fine members for non-union work should be restricted to the actual current practice: fining members who violate “do not work” orders during an active organizing campaign or collective action, or limited to musicians accepting non-union work in normally unionized sectors of the field (i.e. scabs).Indie musicians work in an unorganized sector of the industry. The majority of our work is non-union due to factors beyond our control. Forcing us to choose between Union membership and our life’s work has not helped us organize and will never grow the Union.According to the 2018 Local 802 Indie Musicians Caucus survey, fewer than 5% of Local 802’s members earn their living exclusively from work under Union contract.Being forced to lie as a condition of Union membership is unacceptable.

• Hire the organizers needed to carry out an organizing campaign in the indie sector

  Local 802 currently has no organizing department. Organizing our sector is impossible if local 802 lacks the staff to carry it out.

• End all barriers to indie participation in Union governance

  Local 802: Article 1 sections 8, 9, & 10, denies the right of bandleaders to serve as union officers “They shall not be permitted to accept any engagements as Leader (Personnel Manager) to furnish bands, orchestras or musicians for any labor organization or make any recommendations for such musicians.”

  Various locals have rules preventing officers from taking non-union work.

  Other bylaws give officers of the AFM the right to deny seating to Convention delegates on the basis of “Leader” status.

  Given that the overwhelming majority of indie musicians work as a leader at some point (on live and/or recorded projects), these bylaws effectively prevent indie musicians from participating in Union Government.

  Such restrictive bylaws may be selectively enforced to disempower and disenfranchise indie members.

  All such barriers must be removed by national mandate at all levels of the Union or modified by language restricting them to members who regularly serve as employers of musicians working under Union contract, or accepting non-union work in normally unionized sectors of the economy.

• End the ability of Union Officers to violate members rights with impunity

  Many hired union officials are also members. These are granted virtual impunity by the following article of the IEB Policy Book:

  “The board has determined that it would be inappropriate to apply that procedure [bringing charges against a Union official: Article 13/Article 11: 2007 Bylaws] in special circumstances where the charged party is both an employee of the Federation (e.g. a staff representative) and an AFM member, and, in addition, the alleged misconduct that is the subject of the charge relates solely to the manner in which the charged party carried out the duties he or she was assigned by the Federation as his or her employer.”

  This rule means that any higher official of the AFM can break contracts or violate the bylaws with impunity so long as they mask their own decision-making role behind an employee/member, who later, when charged with the violation, pleads “I was only following orders.” Such “bending” of the rules benefits well connected elites at the expense of indie musicians. This and other anti-democratic clauses ought to be deleted from the IEB Policy Book as well as the National and Local bylaws.

The proposals above were drafted by the Indie Musicians Caucus of the AFM. (IMC-AFM), a non-recognized caucus of, by, and for Indie AFM members. We urge all Indie AFM members to join with us in working towards the empowerment of Indie musicians within and through the Union. IMC-AFM will be making endorsements in Local Union elections. We urge all candidates for Union office willing to endorse the above IMC-AFM proposals to .