By Ashley Fletcher Frampton
aframpton@scbiznews.com
Published April 5, 2010

The Charleston Symphony Orchestra board of directors’ recent decision to suspend operations is a violation of its labor agreement with musicians, a spokesman for the Players Association of the Charleston Symphony Orchestra said.

Players Association spokesman Ryan Leveille said musicians, under the auspices of the American Federation of Musicians Local 502, are in the process of filing a complaint with the National Labor Relations Board.

He said that the union local signed a five-year collective bargaining agreement that runs through May 2012 and that the agreement cannot be changed unilaterally.

Leveille also said musicians are working on their own to carry out some of the performances that the symphony’s board canceled for the season.

The board of directors announced to the public on March 28 that it had canceled the season’s remaining performances, scheduled for April and May, because it had run out of cash and could not pay its musicians and staff.

Previous coverage:
Out of cash, the Charleston Symphony Orchestra suspends operations until further notice

Board President Ted Legasey said last week that officials will try to restructure operations, likely by paying more musicians on a per-service basis instead of contracting annually. Legasey has said he hopes the symphony can present a 2011 season in the fall.

Leveille said his group got a letter from Legasey announcing the shutdown on March 28, the same day the decision was announced publicly.

“The problem with that, from a contractual point of view, is we have a collective bargaining agreement that clearly outlines our working conditions and pay and benefits,” Leveille said. “Neither party has the right or the authority to unilaterally violate that agreement. By taking this action without first coming to some sort of agreement constitutes a lockout.”

Legasey, reached Monday, said he would need to see the specific language of the musicians’ complaint before responding to it.

“Without having seen the complaint, I can’t make any comment,” he said.

Upon its receipt of the complaint, the NLRB, an independent federal agency established to enforce the National Labor Relations Act, would investigate the charge to determine its merit.

If the charge is found to have merit, the board could work with the parties on a settlement or litigate it.

Leveille said the union agreed last year to changes to its collective bargaining agreement that included eight weeks of furloughs during this season, its 2009-2010 season, which runs from September to May.

The union and the board had discussed further cuts for next season, Leveille said, but had not reached an agreement.

Leveille said the average musician’s salary has been reduced to about $18,000 a year, after the eight-week furloughs. He said the board had proposed an additional two weeks of furloughs and an elimination of health insurance benefits.

Over the past year, about 12 of 46 musicians have left the orchestra, Leveille said. Further wage and benefit cuts, or a shift to more per-service musicians, will drive more musicians away and further diminish the quality of performances, he said.

Legasey, too, has said moving toward a per-service model isn’t ideal. He said the board will work to maintain quality while finding an operating model for the symphony that is sustainable based on current community support.

Leveille said the Players Association blames more than the recession for the dwindling revenue at the Charleston Symphony Orchestra. He said turnover has been high for its executive director position recently, and, importantly, the organization has lacked a full-time development director for several years.

The symphony has budgeted for a development director and has conducted an active search for one, Legasey said.

“We have not seen a qualified candidate for that job,” Legasey said. “We continue to attempt to hire into that position.”

Legasey said that having a development director on board would help, but it would not change the fact that the symphony’s top donors cut their gifts substantially this year.

“Those entities that gave that money simply are not in a position to do it,” he said. “That is very hard to offset. That is driven by the economy.”

Meanwhile, Leveille said musicians are working directly with sponsors to try to put on some events that were canceled when the orchestra suspended operations.

For example, he said musicians still are likely to perform at the Starlight Pops, a concert planned for May at Boone Hall Plantation. They just won’t do so under the official name of the Charleston Symphony Orchestra.

“That allows us to still earn some money, doing what we do,” he said. “And it sends a strong message to the community that we’re dedicated to still providing this type of music for Charleston and the area.”

Legasey said the board has no objection to that effort, which is good for the musicians and the community.

“Keeping the music playing is a very positive thing in the community,” he said.

Reach Ashley Fletcher Frampton at 843-849-3129.