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ployment, bu shall set include Lay individual employed us shouluru individual conployed by his parent or spouse, or way individual having the matu

Rep. Dale Kildee's
Amendment

except that any individual having such status who is engaged to
perform live musical services (other than an employer of persons
performing musical services) shall be included in the term

œ My individual employed a amparveor, or Lay

IATUS PROFILE ISSUED BY SENATE AND HOUSE COMMITTEES

2 DOCUMENTS FOUND

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EXHIBIT D

SENATE Bil

42 LINES

102ND CONG. STATUS PROFILE FOR S.492

BRIEF TITLE.

SPONSOR.

Live Performing Arts Labor Relations Amendments
Simon

DATE INTRODUCED... February 26, 1991

SENATE COMMITTEE.. Labor and Human Resources

OFFICIAL TITLE.... A bill to amend the National Labor Relations Act to give employers and performers in the live performing arts, rights given by section 8 (e) of such Act to employers and employees in similarly situated industries, to give to such employers and performers the same rights given by section 8 (f) of such Act to employers and employees in the construction industry, and for other purposes. 29 CURRENT COSPONSORS

CO-SPONSORS.

Feb 26, 91

Mar 7,

OS CO-SPONSORS.

Referred to Senate Committee on Labor and Human Resources.
Referred to the Subcommittee on Labor.

91

29 CURRENT COSPONSORS

AS INTRODUCED..... Akaka, Adams, Levin, Biden, Exon, Burdick, Conrad, Hatfield, Rockefeller, Bradley, Moynihan, Pell, Cranston, Harkin, Metzenbaum, Sarbanes, Inouye, Dodd, D'Amato, Lieberman, Lautenberg, Byrd.

Mar 6, 91 Kennedy, Gore, Kerry, Heinz.

PRESS RETURN TO CONTINUE OR ENTER A REQUEST.

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Feb 26, 91.

Live Performing Arts Labor

1

...

Relations Amendments - Amends the National Labor Relations Act to exclude specified types of employers and performers in the live performing arts from coverage under unfair labor practice provisions: (1) prohibiting specified contracts or agreements between employers and labor organizations; and (2) prohibiting specified actions of labor organizations to force or require cessation of dealings with others, joining of labor or employer organizations, or recognition of or negotiation with labor organizations not certified as representative.

Permits such employers to: (1) agree with a labor organization to make membership in it a condition of performing arts employant; and (2) make agreements with a labor organization covering performing artists even if its majority status has not yet been

established.

Detines "employer to include purchasers of live musical performance services. Defines "employee" to include independent contractors engaged to perform live musical services.

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OFFICIAL TITLE.... A bill to amend the National Labor Relations Act to c
employers and performers in the live performing arts
rights given by section 8 (e) of such Act to employer:
and employees in similarly situated industries, to a:
such employers and performers the same rights given t
section 8(f) of such Act to employers and employees:
the construction industry, and for other purposes.
1 CURRENT COSPONSOR

CO-SPONSORS.

May 2, 91
Jun 17,

COS CO-SPONSORS.

D

Referred to House Committee on Education and Labor.
91 Referred to Subcommittee on Labor-Management
Relations.

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AS INTRODUCED..... Clay.
BILL DIGEST.

May 2, 91.

Live Performing Arts Labor Relations Amendments - Amends the National Labor Relations Act to exclude specified types of employers and performers in the live PRESS RETURN TO CONTINUE OR ENTER A REQUEST.

performing arts from coverage under unfair labor practice provisions: (1) prohibiting specified contracts or agreements between employers and labor organizations; and (2) prohibiting specified actions of labor organizations to force or require cessation of dealings with others, joining of labor or employer organizations, or recognition of or negotiation with labor organizations not certified as representative.

Permits such employers to: (1) agree with a labor organization to make membership in it a condition of performing arts employment: and (2) make agreements with a labor organization covering performing artists even if its majority status has not yet been established.

Defines employer to include purchasers of live musical performance services. Defines "employee" to include independent

contractors engaged to perform live musical services.

PLEASE ENTER A REQUEST.

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In the latter regard, we have fallen woefully behind the anticipated goal we had hoped for $1.00 per member for a Total of $200,000. To put it quite bluntly, the tiger failed to jump through the hoop and we have on hand but a paltry sum with which to entice our subjects to per Torm in our behalf.

The center-section supplement which accompanied the March issue of the International Musician contained a personal request for TEMPO contributions to be sent to M.E. Varied amounts-any. where from $1.00 to $100.00 were gratefully received and Sincerely appreciated. But I am saddened to report that, as is usually the case, we again have a handful of members carrying the burden for all of the membership. Thus we ended up with a grand total of $1,156.44, Pe cause of the expression of Toyalty and dedication when called upon demonstrated by these members, I am including their names on page 3 as part of my report all 139 of them.

T can't help but say that these questions gnaw at M.E: Do members read the International Musi cian? Or is it that they don't care about their Union? Or is it just case of the disease" affecting a major part of OUR FederationAPATHY?

NAOL UNDERSCORING

TESTIMONY PRESENTED TO THE HOUSE LABOR COMMITTEE

BY LEROY VAN DYKE

REGARDING AND IN OPPOSITION TO HR.226

JULY 6, 1993

I am Leroy Van Dyke. By way of self-introduction, it will be relevant to note that I am a full-time musician/recording_artist/ entertainer, and have been such for more than 35 years. I write this statement in opposition to HR.226.

I was a regular member of the cast of the ABC television network "Ozark Jubilee" with Red Foley, a regular on the Grand Ole Opry and a director of the Country Music Association.

I am presently a member of the Country Music Association, the Academy of Country Music, the Nashville Association of Talent Directors, the International Entertainment Buyers Association and the National Association of Orchestra Leaders. I am also a member of 12 state and/or regional fair associations.

I currently travel some 100,000 miles per year as a musician/ entertainer, and have provided a livelihood for four or more working musicians, union and non-union, for over 30 years.

I was a member of the American Federation of Musicians (AFM) for 35 years.

You will not think me to be immodest when I tell you that I have more than just a simple working knowledge of the live-music entertainment business.

Our business is unique, complex, and difficult to understand for anyone but those who are experienced and in the mainstream of the live-music business. Because of the complexity of our business, principles applied to the construction industries simply are not appropriate to apply to the live-music business.

There are some extremely important concepts that must be brought to your attention.

First, contrary to claims of the proponents of HR.226, known as the "Performing Arts Legislation" or so-called "Right to Talk" legislation, HR.226 has nothing at all to do with representation. All musicians at present have the right to collective bargaining and representation by the American Federation of Musicians if they so desire.

Second, the AFM represents only about ten percent of working musicians, and of the many with whom I have discussed this proposal, I have found none who support it. Martin Emerson, former AFM president, said it better than I could and I quote his fund-raising efforts in support of earlier bills, "...we had hoped for one dollar per member for a total of $200,000. To put it quite bluntly, the tiger failed to jump through the hoop, and we have on hand a

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