EXHIBIT 4: LETTER FROM MANAGEMENT TO AFM, Jan 28, 1999

He questions the motives behind the AFM’s "blatantly inaccurate letter".

January 28, 1999

Ms. Florence Nelson, Director, Symphonic Services

Mr. Jeff Tomberg, Contract Administrator

Ms. Janice Galassi, Organizer

American Federation of Musicians

1501 Broadway, Suite 600

New York, NY 10036-5503

Dear Ms. Nelson, Mr. Tomberg and Ms. Galassi:

I was recently given a copy of your letter dated January 15, 1999, to musicians of the Tucson Symphony Orchestra. Your letter presumes to concern alleged irregularities in the use of cards from TSO musicians designating the Guild as their choice for a bargaining representative. Your letter contains several inaccurate statements regarding my actions and requires my response:

Your letter further implies that somehow I, in conjunction with the Orchestra Committee co-chairs, violated a responsibility to preserve the confidentiality of individual musicians who had signed or expressed sentiments on the cards. That is absolutely false. I am unaware of any representations about whether the cards would be kept confidential or not. It is true that the duly-elected co-chairs of the Orchestra Committee presented the collected cards to me on October 29, 1998. My understanding was that the Orchestra Committee co-chairs were legally entitled to present the cards to me, just as any other labor organization would be. In my sworn testimony before the Hearing Officer of the National Labor Relations Board (a transcript of which is in your possession), I stated that the Orchestra representative showed me the cards which had been collected, pulling them from a large manila envelope in one stack. I further testified under oath that I declined to look at the cards individually, not wishing to know the sentiments of individual musicians. When I declined to look at the individual cards, the musicians’ representatives thanked me, saying that they understood my concerns. Further, representatives of AFM participating in the same hearing, including AFM’s attorney, did not refute my testimony regarding the presentation of these cards. Thus, the inaccuracies in your letter appear to be intentional misrepresentations.

I do not know the identities of those who signed the cards because I declined to look at the cards. Further, the National Labor Relations Act prohibits the Symphony from taking any actions against them-because they did sign union authorization cards. While you are obviously entitled to your own opinions about the Guild, I refuse to have my actions misrepresented to the musicians for your obvious political purposes.

Your letter also implies that the Orchestra Committee co-chairs misrepresent musicians of the Orchestra because they allegedly "work so eagerly in tandem with management." On this point I must state emphatically that I had no role in the musicians’ decision to pursue the Guild or any other entity as an alternative bargaining agent. I have stated very clearly to many members of the Orchestra, including all members of the Orchestra Committee and members of the elected Negotiating Committee, that I will work as harmoniously as possible with whatever organization they have selected as their bargaining agent.

Your letter also implies that it is inappropriate for members of the Orchestra Committee to have a positive relationship with management, which can only lead me to believe that your intent is the destruction of what is now a positive working relationship in Tucson. In correspondence dated September 1, 1998 from Local 586 to me, Local 586 acknowledged that "the musicians’ relationship with the Society is a harmonious one. We shall strive to augment and further develop this positive dynamic in assuming our role as bargaining agent for the Orchestra membership." Has the official position of AFM now been reversed on this point?

I agree that the relationship between musicians and the management of the Tucson Symphony Society is a positive one, and I welcome the opportunity to move forward with them and the designated musicians elected to the Negotiating’ Committee. However, I question your motives for sending such a blatantly inaccurate letter to the musicians.

Best regards,

Clyde W. Kunz

Executive Director

cc: Mary E. Bruno, Esq.

Musicians of the Tucson Symphony Orchestra

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