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From the President's Office

May 21, 2009

Dear Local Union Officer:

United States District Judge Margaret Morrow ruled today that Article 9, Section 32(b) of the Federation’s Bylaws authorizes the collection of Federation work dues on earnings from employment under what are commonly known as “promulgated agreements” between the Federation and employers.  The Federation had applied that provision of its Bylaws in exactly that way since the Convention delegates enacted it in 1991.  Despite this long-standing interpretation and application of the Bylaw, three LA recording musicians who are members of Local 47 and the RMA sued the Federation seeking to have the court rule that the Federation had no authority to collect work dues under these agreements. After almost 2 years of litigation, Judge Morrow summarily rejected that claim, dismissed the case with prejudice and ordered that the plaintiffs pay certain of the Federation’s litigation costs.  You can click on the followng two links to read Judge Morrow’s opinion dismissing the case and the judgment she entered.

Opinion

Judgment

We are gratified that Judge Morrow saw the case exactly as the Federation did.  It was a baseless case from the beginning, and the plaintiffs knew it - or at least they should have.  But while the Federation was vindicated, as we always knew it would be, our defense of the case was extremely costly and will inevitably result in a decrease in Federation resources for the recording musician community.  What is worse, there is a second law suit against the Federation, also brought by members of both Local 47 and the RMA, challenging the Convention’s action assessing a dues obligation on SPF distributions.  That case is equally baseless.  We have moved to dismiss it on the face of the complaint and expect that it will be dismissed.  If it is not, we will defend it vigorously and fully expect to prevail when the case is ready for final judgment, but it too will drain needed resources from representing the very musicians who have brought it.  We will, of course, keep you advised on the progress of this second case and of any other efforts to undermine the financial structure of the Federation.

Sincerely and fraternally,

Thomas F. Lee

President

AFM