DAILY LOBO new mexico
Triumph over UNLV
monday
see back page
The Independent Voice of UNM since 1895
November 9, 2009
NMSO orchestrates a new contract Musicians, management feud over contract dispute by Andrew Beale Daily Lobo
The New Mexico Symphony Orchestra management and the Player’s Association have taken to dueling through press releases. On Nov. 1, the Player’s Association sent out a press release alleging that the management stripped the two most important provisions from the new version of their contract, which were the creation of an Audience Association and accountability benchmarks. The management responded with a clarification statement on
their Web site, disputing many of the claims made in the Player’s Association press release. The musicians fired back with a press release titled “More Threats and More Inequality.” Among the musicians’ complaints are the charges that management took smaller pay cuts than the musicians and that they have been illegally circumventing the union to negotiate directly with musicians. The musicians’ latest press release stated “Unfair labor practice charges are currently pending.” Carla Lehmeier-Tatum, NMSO Player’s Association spokeswoman, said management acted illegally in contacting musicians outside of union meetings. “They have been sending
e-mails directly to each musician. Those e-mails contained basically misinformation about the union’s proposal,” she said. “Management has been urging the musicians to accept the terms of their last, best and final (offer).” David Sherry, NMSO management spokesman, declined to comment on Lehmeier-Tatum’s allegation about circumventing the union. Lehmeier-Tatum said the musicians presented their offer, which included the creation of an Audience Association — a board of community members who would ensure that the terms of the contract are followed. She said management voted to
see Contract page 5
Junfu Han / Daily Lobo NMSO Player’s Association conductor David Feldberg directs bassoon soloist Stefanie Przybylska during their Nov. 1 performance at Presbyterian Church.
Chief justice remembered
Former NM Supreme Court chief justice dies during speech to UNM Law students by Pat Lohmann Daily Lobo
Junfu Han / Daily Lobo Monsignor Francis X. Eggert leads the procession carrying Justice Gene Franchini’s casket at Our Lady of Fatima Catholic Church on Saturday. Franchini died Wednesday evening while giving a speech to first-year law students on north campus. Over 500 people attended Franchini’s funeral, including Board of Regents President Raymond Sanchez, a long-time friend.
Eighteen years ago, a man accused of armed aggravated assault found himself in front of then District Court Justice Gene Franchini. The state legislature had recently passed a mandatory one-year sentence for all crimes involving a gun, and the man — who in an act of road rage threatened a fellow driver with a pistol — was the sole breadwinner for his family. In an essay entitled “Conscience, Judging and Conscientious Judging,” Franchini described the position he was in when faced with sentencing the man. “My conscience, and sense of justice on the other hand, will not allow me to sentence to the New Mexico State Penitentiary a 26-year-old man who has no prior record, has been honorably discharged from the U.S. Navy after three years active duty … at the time of this offense was supporting his 41-year-old widowed mother, and who acted on the spur of the moment,” Franchini said in the essay. “To do that is to fly in the face of every thought I have had about justice and the right thing to do.” Franchini said the legislature’s mandatory sentence law breached the separation of powers, and — being bound by the law — he felt the only moral thing he could do in such a situation was resign. In the end, the man was found to have acted rashly momentarily before composing himself, and he received a year of probation and no jail time.
Last Wednesday, 40 minutes into a speech to first-year UNM Law students, Franchini, 74, collapsed and died while trying to instill a sense of conscience and justice into the next generation of lawyers. Rob Schwartz, a law professor who was present at Franchini’s speech, said Franchini enthralled those in attendance. “Everyone was with him,” Schwartz said. “He really had the students in the palm of his hand. Everyone was really excited with where he was going with this, and he collapsed.” Franchini’s speech was given at a classroom in the UNM School of Law. Schwartz said the class, called “Practicum,” is required for all first-year law students but is a credit/no credit evening class. He said the majority of the 120-student class attended Franchini’s speech. “You wouldn’t expect to have such a good attendance. People knew he was such an inspiring teacher,” Schwartz said. “He was doing just a wonderful job explaining how you deal with conflicts in what the law requires and what your conscience requires and how he had dealt with them.” First-year law student Kevin Nault said Franchini had an obvious passion about the talk he was giving the law students when he died. “He was really enjoying himself and clearly enjoyed having an audience and sharing his experience, which was substantial,” he said. “Honestly, I found him to be something of a kindred soul. I think he was a troublemaker in the best possible sense of the word. He had a very big heart and cared deeply about the people around him. I don’t think he could have died doing something he loved more.” Schwartz said Franchini’s character kept the
see Remembered page 2
Anderson students create advertising campaign for FBI Staff Report Daily Lobo
A UNM class is making advertisements for the FBI. Advertising Campaigns 490, a class offered in the Anderson School of Management, operates a marketing organization called Nvent Marketing Partnership. They have been creating a series of ads this semester for the FBI. Last year, the class made
Inside the
Daily Lobo volume 114
issue 54
ads for the CIA, said Daniel Begay, an Nvent spokesman. The FBI is on campus today to recruit students. Nvent is hosting the event, Begay said. He said the class is also creating television advertisements for the FBI. “There are going to be TV spots on pretty well-known channels like VH1, MTV — big channels like that,” he said. The class met on Saturday to
work on a TV spot for the FBI, Dylan Manzanares said. “The point of the video is to show how many diverse careers the FBI offers,” he said. “So we’ll be dressing up in lab coats, and this and that, looking at graphs, the whole nine yards.” According to Nvent’s description on the UNM Web site, Nvent is a “a fully functional student-run marketing communications agency …
with the purpose of developing, implementing and evaluating peer-topeer integrated marketing communications campaigns.” Manzanares, who is in the Advertising Campaigns 490 class, said he and fellow students have been working all semester to create effective advertisements. “It’s sort of an involved, difficult
Spotlight
Sweeping the Cougars
See page 2
See page 9
see Ad page 5
FBI recruitment seminar Today SUB, Lobo A & B conference room 9 a.m. - 10 a.m. 2 p.m. - 3 p.m.
Today’s weather
68° / 44°