Summary of LexPhil Musician Concerns (3/19/13) Page |1 1.

Reduction of services

According to a recent survey, the greatest concern of the musicians is a stark reduction in the number of services (performances and rehearsals) per year. Not only is the Lexington Philharmonic presenting fewer MasterClassics concerts than ever before, our traditional run-out and pops concerts have all but disappeared. Musician W-2s demonstrate a drastic loss of services over recent years, with total wages for some reduced from app. $5,000 to $3,000-3,500, which reflects a reduction of services from over 70 to barely 40 in less than ten years. Many of us play even less often and make much less. Although wages per service have increased slightly during the past ten years, the total effect is that many of us are being gradually laid off by proxy. Management wishes to guarantee only three MasterClassics concerts a year. We were recently playing as many as eight in addition to pops concerts, family concerts and run-out concerts to neighboring communities. The musicians greatest demand is that we be allowed to play. We want the Lexington Philharmonic to remain a full orchestra and not merely exist as a loose consortium of chamber players. Our musicians are not only dedicated to the Lexington Philharmonic but to our community at large. We are concerned about more than just our livelihoods; we are concerned that an orchestra that we deeply love is spiraling downward. While the trend of fewer full orchestra concerts lowers our income, it also more importantly has a negative effect on the artistic health of a community in which we are heavily invested. Most musicians of the orchestra not only play in Lexington; we also teach in Lexington, live in or near Lexington, and participate in many facets of Lexingtons musical landscape. We want our orchestra to be a relevant part of this great city. 2. The Lexington Philharmonic as a Symphonic Orchestra

At the crux of much of our disagreement is managements refusal to commit to the existence of the Lexington Philharmonic as a full orchestra. Management has resisted including descriptors, which are industry standard, such as base orchestra (used to describe what and how many instruments comprise the orchestra) and reduced orchestra (describes ensembles of less than 60 members, as compared to a full orchestra) in the contract. During negotiations, a conversation between a Lexington Philharmonic board member and musicians Union representative went as follows:

Summary of LexPhil Musician Concerns (3/19/13) Page |2 We are not prepared to list a base orchestra. LP Board member Does that mean that the Lexington Philharmonic could become a string quartet? Union rep I suppose so. LP Board member After many rounds of negotiations, management has finally agreed to include base orchestra in the contract, which would, at first glance, seem to guarantee that the Lexington Philharmonic would continue as a full orchestra. However, managements proposed guarantee of only three MasterClassic concerts a year, combined with troubling rhetoric such as quoted above, cause the musicians to fear that management seeks to move further in the direction of smaller offerings and venues. The musicians are afraid that we, despite years of service to our orchestra and community, will soon be members of an orchestra in name only. Convincing management to describe the Lexington Philharmonic as a symphony orchestra without also guaranteeing that we will actually be hired to play is an empty victory at best. When it became obvious that management would not agree to return even a small portion of the services lost in prior years, the musicians negotiating team asked management merely to guarantee no further reductions. Management rejected even this proposal. 3. Non-compete clause

Despite managements refusal to guarantee even a minimal number of services to the musicians, they are insisting on a non-compete clause. Managements audacious proposal is as follows: Musicians who accept an Individual Contract form the Lexington Philharmonic agree to not participate in services of an orchestral nature with more than 20 musicians, within a 30 mile radius of Lexington, that do not provide working conditions and wages equal to or more beneficial to the Musician than those outlined in this agreement unless they are operating through a separate orchestral organization with its own union collective bargaining agreement and 501c3 classification. The American Federation of Musicians has informed us that such a restriction is perhaps illegal, and AFM counsel is investigating. In addition, we are aware of no other orchestra - whether another regional orchestra, the New York Philharmonic, or anything in between - that requires a similar oath of fealty from their musicians. Musicians have to earn a living where they can and how they can, a situation made even more desperate for the musicians of the Lexington Philharmonic by the miniscule amount of work being offered by our own management.

Summary of LexPhil Musician Concerns (3/19/13) Page |3 The musicians have refused to agree to this language, which could prevent our members from even playing in church orchestras. If such a small number of services is offered to the musicians that they cannot sustain themselves, then the musicians right to play elsewhere must be protected. 4. Artistic demotion and dismissal

The procedure for artistic demotion or non-renewal has been heavily debated. Management wants to decide who remains a member of the Lexington Philharmonic without allowing the musicians the customary process of Peer Review, which is the check-and-balance procedure that prevents musical directors from demoting or firing musicians for arbitrary or capricious reasons. Although management agrees to allow the musicians to form a Peer Review committee, they insist on stripping from this committee the authority to reverse decisions. Instead, management proposes to have a review panel of nonmusicians consider the Peer Review committees decision and then do what it pleases. Such a proposal flies in the face of the standard Peer Review procedure and renders Peer Review virtually meaningless. Nationally, the Peer Review procedure has been deemed fair and just, as exemplified by the fact that approximately 80% of all orchestra appeal cases uphold the decision of the music director. Professional musicians take pride in their orchestra, and they do not want to share the stage with poor performers. All recent Lexington Philharmonic contracts have included authentic Peer Review, as has become standard in our industry since it first began in the Washington National Symphony in 1963. The fifty year history of Peer Review in American orchestras has consistently demonstrated it to be a fair and just process. We are consulting with legal counsel regarding managements desire to take away the ability of an Appeals Committee to protect our musicians. 5. Compensation and mileage

Management has proposed the following: 2012-2013 2013-2014 2014-2015 2015-2016 Increase in salary 0% 0.5% 0% 1% Increase in mileage 0% 0% $0.06/mi 0%

In addition, managements proposal would require that musicians forfeit mileage bonuses for large instruments and for the lack of carpooling opportunity in order to receive the small $0.06 increase in the third year. Those currently receiving these considerations would, in effect, receive no increase in mileage.