Larry Haiven, Saint Mary’s University Susan Wallace, Canadian Actor’s Equity

1. A New Craft Unionism:How Unions Help the ‘Self-Employed’ like Artists and Artisans Organize their Industries, their Work and their Lives Larry Haiven, Saint Mary’s University Susan Wallace, Canadian Actor’s Equity Catherine Middleton, Directors Guild of Canada, Ontario

2. Wagnerist Model of Union Organizing • a creature of Fordist accumulation • organize large workplace (factory) • certification guarantees sole & exclusive jurisdiction to represent bargaining unit • negotiate collective agreement • dues checkoff • business unionism Employer Employees Larry Haiven

3. Unravelling of vertical firm into networks Larry Haiven

4. Taxi drivers Other Taxi drivers Municipal Regulators Dispatch Companies Provincial Regulators Taxi Driver/Owner Automobile Commercial inputs Other accessories Gasoline Cab Owner Parts & repairs Larry Haiven

5. Other musicians Musicians Other musicians Impresarios/purchasers Government agencies Schools Managers Distributors Musician Automobile Commercial inputs Equipment Record Labels Instruments Fans & fashion Booking agents Intellectual Property Capture Agencies Larry Haiven

6. Film & video artisans Assistant Location Manager Assistant Accountant Chief Accountant Bookkeeper Picture Editor Location Manager Supervising Picture Editor Assistant Production Manager 1st Assistant Picture Editor Production Manager 2nd Assistant Picture Editor Producer Sound Editor 1st Assistant Director Unit Manager Set Designer Production Designer 2nd Assistant Director Art Director Director 2nd Asst Art Director 3rd Assistant Director 1st Asst Art Director Trainee Assistant Director Larry Haiven

7. Networks • Compared to old hierarchical firm, networks look deceivingly egalitarian • Flow of value to power • Castells Materials for exploratory theory of the network: • “The rule is individualization of the relationship between capital and labor…. • “critical cleavage within labor becomes the one between networked labor and switched-off labor, which ultimately becomes non-labor. • “second, fundamental cleavage, between self-programmable labor and generic labor. …While for generic labor, its strategy is survival: the key issue becomes not be be degraded to the realm of discarded or devalued labor, either by automation, or globalization, or both.” Larry Haiven

8. Value flow in network • Less upward to top of hierarchical organization • More inward to key nodes • Control access to inputs and access to markets • Best able to capture intellectual property value • Like a gravity drawing wealth • From single dependency to multitudinous dependencies • Dependency influences flow of value • Interests of network members sometimes coincide, sometimes clash Larry Haiven

9. Intellectual property • More individuals able to produce on their own • E.g. music, filmmaking, new media • Technology allows personal production & reproduction • Key elements still missing • Capital for startup • Livelihood • Input costs • Career management • Distribution of outputs Larry Haiven

10. Intellectual property (2) • Like quicksilver • Technology makes it easier to produce; but harder to hold and capture value • 2 problems: • Value flows to those with power, organization and access • New technology allows leakage of valorization potential (piracy) • Creators of intellectual property constant struggle to capture value of i.p. • Or at least conscious & positive “giving it away” Larry Haiven

11. Mechanical royalty: from sale of manufactured and distributed phonorecord Synchronization royalty: when song is in commercials, TV shows or films (requires a licence) Intellectual Property Capture Agencies(e.g. for musicians) Cdn Musical Reproduction Rights Agency – MCRRA – funded by commission of proceeds of licenses issued Society of Composers, Authors and Music Publishers of Canada – SOCAN; & similar agencies in the US & Europe • Performance royalty: whenever the song is aired on radio, TV, in bars, restaurants, malls, over the telephone while you’re waiting Larry Haiven

12. Collectivities of labour • Wagnerist model based on old hierarchical structure • Enmeshed in network webs, workers must and do form own collectivities • Unions only one type of collectivity • Others e.g. • Cooperatives • Professional societies • Intellectual property capture agencies • Ethnic, gender, religious, cultural associations • Consumer organizations Larry Haiven

13. Unions need to….(and/or) • Realize changes transforming value creation • Increase scope of what they do for members • Beyond workplace – citizens, consumers, neighbours, identities, self-employment • Help capture intellectual property rights • Increase scope of membership to those outside standard workplaces & employment • To non-standard-employed • Even to self-employed • Work with unions of non-standard work arrangements • Work/contend with other interest associations Larry Haiven

14. Stone From Widgets to Digits • A new craft unionism • Organize high tech workforce on basis of common skills • Offer services “employers” not willing to offer • Story of NABET vs. IATSE • NABET followed rigid, Wagnerist model as film & video industry moving away from it • Firm-centred, stable employment, collective terms • Bypassed by tricks & technology • IATSE • More fluid operation • Represented members as insider conractors • “Embedded contract bargaining” • Encouraged mutual self-help • Geographically-based citizen unionism Larry Haiven

15. Examples of Artists & artisans unions • American Federation of Musicians • Canadian Actors Equity • Directors’ Guild of Canada • ACTRA • CARFAC • Professional Writers Association of Canada • Some Quebec equivalents Larry Haiven

16. Features of artist/an unionism • Self-employment; personal service contracts • Framework agreement – contract only union labour; establish minimum or “scale” • Provide boilerplate contracts & advice • Trust funds from industry agreements • Hiring halls/referrals • Gig-based benefits (e.g. pension, disability insurance) • Member-paid benefits (e.g. other insurance, discounts) Larry Haiven

17. Features (2) • Travel & cross-border issues • Professional development, advice & assistance • Legal and other professional services • Public policy advocacy • Intellectual property capture • Organizing an inherently chaotic industry • Fight for status of artist legislation Larry Haiven

18. “Status of the Artist” Legislation • Canadian Artists and Producers Professional Relations Tribunal • Similar Quebec legislation • Emulates collective bargaining • collectivity of self-employed artists acts as bargaining agent • names collectivity of producers • legally obliged to bargain in good faith • At impasse, can apply “pressure tactics” • Legally enforceable agreement Larry Haiven