Given: a musician is under written agreement which, while not legally binding, is the basis for an ongoing professional relationship. If said musician cancels an agreed upon appearance in order to accept another (higher profile and presumably higher paying) gig, is this a breech of professional ethics? Does it make a difference if permission to be released from the appearance is requested, if there is 24 hours advance notice, or if the musician arranges for a suitable substitute? Finally, assuming the answer to each of these is no, is this grounds for immediate dismissal from the position?
The code of professional behavior is largely unwritten, although some unions and other professional organizations may haven rules written into their bylaws. Your feedback would be helpful in this matter.
I think it is unethical for a musician to cancel an agreed upon appearance to accept another job if that musician is under agreement. However, I certainly think there can be an exception to the rule if the musician is a student and aspiring artist. I worked with several choral section leaders from Indiana University, Bloomington when I lived out there. I tried to be as accomodating as possible, since these kids were trying to build their careers. If they had the opportunity to sing an oratorio out of town and get paid well for their efforts, I was all for it. In a case like that, I feel plenty of notice needs to be given and that a known and acceptable substitute be arranged. I would not look upon this favorably if this a last minute thing-24 hour notice is not acceptable to me. An ultimatum might be in order.
All other things being equal, it appears to break down to "first come, first served."
The agreement was prior to the 'outside gig,' and as a result, should be honored. Look at it as would the employer who has the pre-existing agreement. While that employer could agree to release the individual for a "one-time" exception, it also erodes trust to a certain degree. Not what you want in an employment situation.
Unfortunately this happens all time. There is, like you say, an unwritten code for this. If the agreement is for a section job (vocal or instrumental) with only a couple of rehearsals at most, then sending a sub is perfectly acceptable as long as the sub can make a rehearsal. If the agreement is for a solo appearance, it is unethical to take another job since the person was hired for his/her particular voice/instrument. For groups that rehearse a lot and are professional level, changing even a section person can be very damaging to the final product. It's all in the context. Of course, if a person takes a job and does not even send a good sub, that person needs to suffer the consequences of that decision.
I believe union rules here in Boston allow a musician to hire a sub of equal or better ability without notice or permission. It's also, I believe, commonplace for a different musician to play the rehearsal than the performance, assuming that the rehearsal musician passes on all relevant markings and instructions to the performance musician. Of course, I'm talking about the professional orchestral world here, with players at a level of a major symphony orchestra.
I had to sub out a gig last month, and happily paid extra money out of my own pocket to get someone of better ability to take my place. It's just what you do.
OK, I'm glad I'm not way out in left field on this one. In my region, the idea of arranging your own substitute doesn't seem to occur to anyone. I guess that's the difference between being someplace where the market is saturated with qualified musicians (Boston, New York), and where it is not. Either way, it seems the consensus is no sub + no notice = no show, and no show = no job.
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