Dear AFM Local 406 Members:

You should have all received the Special Announcement email on February 19, 2014 from AFM Local 406.  In response to the comments made by Local 406 on obtaining temporary work permits to perform in the United States I asked Liana White, Executive Director of CFM, to prepare the following information in response to those specific comments.

Sincerely & fraternally,

Alan Willaert, Vice President from Canada

Canadian Musicians in the USA:
THE TRUTH ABOUT OBTAINING U.S. TEMPORARY WORK PERMITS

When it comes to foreign musical artists performing in the United States it is the American Federation of Musicians which is the United States Citizenship and Immigration Services [USCIS] recognized stakeholder and peer organization. AFM’s involvement in US immigration matters for musicians is not limited to petitioning for the P2 classification.  Therefore, even when AFM is not the petitioner of a work permit, petitions for all classifications of temporary work permit for foreign musical artists must still go through the USCIS mandated AFM consultation process.  If the mandatory peer consultation letter is not attached to the petition at the time of filing with USCIS they automatically contact the AFM.  Likewise, stage actors require a mandatory peer consultation letter from Actors Equity, film actors from SAG-AFTRA, technical workers from IATSE, choral performers [solely vocals, no instruments] from AGMA, and so on.

AFM members are not charged a fee but non-members must pay $250-$300 USD to AFM for the mandatory consultation.  The consultation fee is atop the cost of the petition fee [$325 USD minimum] and the cost associated with engaging a professional to prepare and file the petition, such professional services will typically cost $2,500 USD, sometimes more, depending upon the type of permit being petitioned for.

Providing this service is not quick and easy nor financially lucrative for a not-for-profit organization and union.   There are many administrative expenses, one example of which is the cost to send daily couriers to USCIS, which AFM spends over $20,000 on annually. The AFM’s administration fee merely off-sets the vast administrative costs incurred by the AFM – the AFM rarely breaks even in an effort to keep the cost to members as low as possible.

If Local 406 has financial difficulty in meeting its bargaining obligations as mandated under Québec Provincial Status, they will find it even more financially straining to absorb all of the administrative costs and processing fees associated with this type of service.

There are guidelines and criteria to meet under each US temporary work permit classification, therefore, one cannot just obtain any classification of permit desired.  To be a successful petitioner, as AFM/CFM has been for the last 30+ years, one needs to know the US immigration system well.  It’s easy for anyone to say they can do the paperwork, but can they actually produce the most important piece of paper to the process – the Approved work permit?   If you would like more detailed information on the various classifications of US work permits, please email Liana White lwhite@afm.org , for English services and Fatima Gueye fgueye@afm.org for French services.

The leadership of the Guild will be conducting a referendum to disaffiliate from the AFM.

You are receiving this communication in order to bring you more information concerning the ramifications of seceding from the AFM.

Music is a global industry, and becomes more so every day.  Musicians must look beyond their city and province to earn a living in our chosen profession.  At a time when the ability to solicit work throughout Canada and the United States is of high priority to the careers of full-time musicians, the Guild seeks to close the door and make Quebec an island.

The Canadian Labour Congress has been engaged in defending against the anti-labour forces with a marketing campaign called “Together… Fairness Works”.  The strategy is to strengthen the ties of members to their union, to form a bond of solidarity that cannot be fractured by union-busting tactics.  The CFM is fully engaged in this campaign, and as part of our participation, you are receiving the enclosed button which shows our pride in our union.

The Local 406 Charter was issued by the AFM as per the Bylaws.  Those same Bylaws also govern what will happen should the Guild achieve sufficient support to disaffiliate.  The Charter, the Local and all the assets belong to the AFM.  The new entity would begin with nothing, and would be unable to service any remaining musicians.

This, plus the loss of all the benefits and services that emanate from the AFM, would be a disaster for the musicians of Québec. We must say “no” to the Guild leadership’s short-sighted plan to take Local 406 out of the AFM.

As members of Local 406 of the AFM, we have the best of both worlds.  Local 406 negotiates with us and for us for our work in Québec, while the AFM secures our work and our benefits in the rest of Canada and the United States.  If the Guild leadership’s plan succeeds, one of those worlds – the larger one – will disappear.

This is a very complicated problem. Please go to www.CFMismyunion.ca (for a French version, visit www.FCMestmonsyndicat.ca) to learn what’s in our best interests.  Consider with great care – for everyone’s sake – what is at stake. Please feel free to contact me by email with your thoughts on this complex issue.

Sincerely and fraternally,

Alan Willaert

Vice President from Canada, AFM

awillaert@afm.org