Elliot Encarnacion, Governor of the American Guild of Musical Artists, and Martha Kinsella, Regional Director and Counsel for the guild, joined the America's Work Force Union Podcast to discuss a newly ratified three-year collective bargaining agreement with Musica Sacra.
One of the contract's significant achievements established seasonal and auxiliary artist lists that fundamentally change how pickup ensembles engage performers. Previously, singers contracted per gig had no advance knowledge of whether they would receive work in a given season, creating financial uncertainty in one of America's most expensive cities. Encarnacion explained that this unpredictability made it nearly impossible for artists to plan their lives or commit to staying in New York long-term. Under the new agreement, artists know at the beginning of each season whether they can expect work and what compensation they'll receive. The contract also established guaranteed minimum hours for each engagement, addressing management's tendency to schedule performances with minimal preparation time due to budget constraints, which forced artists to scramble while producing work that met professional standards.
Kinsella characterized the negotiation process as “remarkably collaborative,” with management agreeing to every union proposal while the union accepted management's limited counter-proposals. The four negotiating sessions, conducted between late May and early July, focused on finding solutions for the organization's size and administrative capacity while maintaining artistic integrity. This cooperative approach contrasts with negotiations with larger institutions, where Encarnacion noted that companies with budgets exceeding $5 million often show more resistance, influenced by board members and donors who may not understand or value the artistic work. Smaller organizations like Musica Sacra, with budgets in the $1 million to $5 million range, tend to prioritize the art itself over financial maneuvering.
The contract includes forward-looking language requiring management to negotiate before implementing artificial intelligence applications, reflecting lessons learned from similar unions like SAG-AFTRA. While the full impact of AI on live choral performance remains uncertain, Kinsella emphasized the importance of proactive protections as the technology rapidly expands across industries. The agreement also updated health and safety provisions, replacing COVID-specific protocols with broader workplace protections while preserving artists' rights to take necessary health precautions, including wearing masks. These provisions build on longstanding workplace safety protections in guild contracts while adapting to evolving threats. Encarnacion said the contract is one step closer to reclaiming cultural space where society values what artists do, rather than allowing peripheral figures like wealthy board members to treat the arts as a placeholder for their interests while preventing artists from thriving.
Listen to the full episode to hear more about how the American Guild of Musical Artists is securing better working conditions for performing artists nationwide.
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