Musicians of the Lexington Philharmonic,

You have or will soon receive a copy of next seasons Individual Contract. It is my understanding
that these contracts were mailed late yesterday in accordance with the timeline specified by
our Collective Bargaining Agreement. To these contracts is attached a letter (attached) that
contains at least one assertion disputed by the Union, as follows:
In the event the Parties do not agree to renew or extend the CBA or negotiate a new CBA by June
30, 2014, the Lexington Philharmonic shall have no obligation to conduct any service or rehearsal
covered by the CBA or this Agreement, assign any work covered by the CBA or this Agreement, or
issue employees any compensation associated with such work or service.
Please be advised that federal labor law clearly states that the Lexington Philharmonic MUST
maintain the terms and conditions of the CBA even after it expires, and that the LexPhil must
bargain in good faith and fulfill certain other obligations before it can make any changes to your
terms and conditions of employment, including the cancellation of services. Further, the
Unions position is that the Individual Contracts issued by the Employer are binding and
enforceable. Our counsel advises that the LexPhil may have violated federal law in issuing this
letter, and our Local is considering legal action, including but not limited to filing an Unfair
Labor Practice charge with the federal government. I will advise as things develop.
Regardless of how counsel advises us to proceed, this much is clear: the intended effect of an
employer sending such a letter to the employees is to create panic. The employer wants you to
fear what will happen if a new CBA isnt signed by June 30, 2014, and they want you to put
pressure on the negotiating committee to settle for an unfair agreement at any cost.
I addressed this matter with Scott King, LexPhil Board President, who today emailed, As a
matter of clarification, the intention of this statement is to state that LexPhil does not have to
hold services after the CBA expires. To this, AFM counsel replies as follows:
As a matter of law, the only way LexPhil could not hold services after expiration
would be to (1) lock out the musicians; or (2) cease operations. In the event of #1, they
need to have bargained in good faith and, with an offer on the table, said they are
locking out in support of their offer, which it appears they do not currently intend to
do. In the event of #2, they have to have bargained with the union about the decision to
shut down and its effects.
Please be advised that the employer has not placed a final offer on the table to which the Union
can respond. In fact, the Union is still awaiting responses to most of our proposals from March.
Additionally, the Union is finalizing a response to mgmts questions regarding our proposal for
Peer Review. In the absence of a last and best offer, the first condition above has not been
met.
Similarly, there has been no discussion about shutting down the orchestra. As a result, the
second condition above has not been met. Please do not allow the employer to intimidate you
with this letter, which may or may not be legal.
We, your negotiating committee, have every intention to continue bargaining in good faith with
the LexPhil, and we remain hopeful that we will reach agreement before the start of next
season.
In solidarity,



Dave Shelton
General/Business Manager - Liaison to the Lexington Philharmonic, AFM Local 554-635