HIGHLIGHTS:

55 TSO musicians signed cards requesting Guild representation in Oct l998.

AFM believes some card signers were not informed of their rights.

AFM claims that the Orchestra Committee presented the cards to management, contrary to proper procedure.

AFM suggested that the Committee was working "in tandem" with management, and that the Guild was to blame.

NLRB ruled that AFM Local 586 was to remain bargaining agent for the time being.

OFFICE OF THE PRESIDENT

STEVE YOUNG

New York, NY 10036-5503

January 15, 1999

Dear Tucson Symphony Musicians:

We have read that 55 cards have allegedly been collected from TSO musicians that designate the Guild as their choice for a bargaining representative. We have also learned that there were many irregularities that occurred during this process. We feel you should be aware of this, so that you will ultimately make an informed choice about who will best serve both your individual and collective interests.

The most startling of these irregularities is that the collected cards were presented to management. In the TSOMO Bulletin dated December 8, 1998 you were told "We (the TSO Committee) presented these (representation) cards to Management on October 29^th". While the collection of representation cards is the usual means of showing the employees' interest in union representation, it is imperative that this information be kept confidential by the committee and the union seeking to represent the musicians.

The people who collect the cards are charged with the responsibility of preserving the confidentiality of this information. The identity of each musician who signed a representation card should never be divulged to anyone except a neutral third party or the National Labor Relations Board, who, in turn, will not identify the individual names to management. This is done to protect individuals against retaliation or discrimination. Likewise, the number of signed cards and/or the percentage of the bargaining unit that has signed such cards should not be made public.

It is disconcerting to consider that your Committee would act on its own accord without taking the proper precautions to protect you. Even worse would be the notion that the Guild did not understand this basic practice, leaving musicians vulnerable to the possibility of future retribution. Your Committee and/or the Guild should have either known this or should have done a better job of researching this so that they could assure your anonymity and thereby protect your job security.

It is also our understanding that some Tucson Symphony musicians may have signed cards without being fully informed of the process and their rights. You're not being asked to vote yes or no on one bargaining representative. In your situation, you are being asked to choose between two bargaining representatives. Signing a card in favor of one representative does not commit you to vote that way. In an election supervised by the NLRB, your anonymity is protected by the voting process and the privacy of a secret ballot.

It is also unusual for committees who represent employees to work so eagerly in tandem with management. While close relationships with management benefit those musicians who enjoy them personally, it is the business of committees to represent all musicians equally and fairly, whether or not the management or the committee favors them. This does not mean that people cannot work harmoniously toward similar goals. However, that cooperative relationship should not be used to adversely affect the welfare of any musician. It is the union's responsibility to represent each and every musician without acting arbitrarily, capriciously or in bad faith.

Now that the Labor Board has ruled in favor of representation by Local 586 at this time, it is important that we focus on the next important issue - the negotiation of a successor agreement to your current collective bargaining agreement. Fortunately, you have the cooperation and experience of Local 586, which just recently was so successful with the Phoenix Symphony.

We suggest that a negotiating committee, composed of union members elected by the orchestra by a secret ballot vote, meet with Local 586 officers as soon as possible, so that the process can move forward in a timely fashion.

The other discussion, regarding union representation, will be ongoing over the next months. However, it should not interfere with the long-term goals for improved wages, working conditions and job security, which must be addressed fairly and professionally. Certainly, our collective goal should be to continue on a course of steady improvement and solidarity of purpose.

Sincerely,

Florence Nelson, Director, Symphonic Services