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Executive Board Minutes

October 26, 1999 -- November 29, 1999

TUESDAY, OCTOBER 26, 1999

Meeting called to order at 11:30 a.m. Present: President Moriarity, Recording Vice-President Price, Financial Vice-President Landolfi, Executive Board members Blumenthal, Crow, Giannini, Hafemeister and Rosen, Controller Bogert, Assistant to the President Dennison, Jazz Advisory Committee Liaison Owens.

Oct. 12 minutes unanimously approved as amended.

Board member Simon present at 11:45 a.m.

Discussion held on union representation of substitute players in orchestras.

Board member Weiss present at 12:10 p.m.

Oct. 19 minutes unanimously approved as amended.

Discussion continued on union representation of substitutes in orchestras.

Recording Vice-President Price reported to the board that he had granted the following leaves of absence:

  1. Jerome Harris, from the Broadway production Kat and the Kings, from Oct. 5-17, to perform on tour.
  2. Britt Swenson, from the Broadway production The Scarlet Pimpernel, from Oct. 5- Nov. 30, for personal reasons.
  3. Robert Bush, from the Broadway production Jekyll & Hyde, from Oct. 2-10, for personal reasons.
  4. Stu Satalof, from the season’s production of A Christmas Carol, to play Putting It Together at the Barrymore Theatre, with the proviso that he not substitute in A Christmas Carol during that period.
  5. Lori Miller, from the Broadway production Les Misérables, from Nov. 2-7, to play the Christmas Spectacular at Radio City Music Hall, with the proviso that she not substitute in Les Misérables during that period.
  6. Eric DeGioia, from the Broadway production Les Misérables, on Oct. 28 and 29, from Nov. 2-7, and from Nov. 24, 1999, through Jan. 5, 2000, to play the Christmas Spectacular at Radio City Music Hall, with the proviso that he not substitute in Les Misérables during that period.
  7. Thomas Brett, from the Broadway production The Lion King, from Oct. 14-17, to present a paper at the MB5 Future of Music Conference in San Francisco.
  8. Ravi H. Best, from the Broadway production Kat and the Kings, from Oct. 12-Nov. 21, to tour Europe.
  9. Katherine Canfield, from the Broadway production Les Misérables, from Oct. 25-Dec. 5, for personal reasons.
  10. Matthew Dine, from the Broadway production Jekyll & Hyde, from Oct. 15-31, to perform with the Australian Ballet and with American Ballet Theatre, with the proviso that he not substitute in Jekyll & Hyde during that period.
  11. Mineko Yajima, from the Broadway production Miss Saigon, from Nov. 1-16, to play Sail Away at Carnegie Hall, with the proviso that she not substitute in Miss Saigon during that period.
  12. Kathleen Foster, from the Broadway production Les Misérables, from Oct. 26-Nov. 10, to perform on a cruise ship.
  13. Samuel Kephart, from the Broadway production Les Misérables, from Oct. 26-Nov. 11, to play concerts in Europe.

President Moriarity advised the board that the NYC Ballet Orchestra Guild’s request for an observer at the upcoming negotiations had been denied.

Salary adjustments recommended by the officers for several supervisors and staff members were submitted to the board for approval. Motion made and carried unanimously to approve.

Discussion held on a $1,377 bonus payment for a building employee for extraordinary work performed in the recent move and relocation of tenants to the sixth floor. Motion made and carried unanimously to approve.

Discussion held on the proposed agreement for Broadway pay-per-view.

Giannini excused at 1:07 p.m.

Meeting recessed at 1:07 p.m.

Meeting resumed at 2:15 p.m.

Present: Moriarity, Price, Landolfi, Blumenthal, Crow, Gale, Hafemeister, Rosen, Simon, Weiss, Bogert and Dennison.

Supervisor of New Organizing Dubnau and Business Reps Elsila and Eisman appeared before the board to discuss new organizing targets. Prior to that discussion Dubnau requested an extension to Nov. 22 of the waiver of initiation fees for recently organized Starlight Orchestra musicians. Motion made and carried unanimously to approve.

Dubnau outlined the activity of the New Organizing Department for 1999 and distributed a memorandum containing that information.

Business Rep Seymour present at 2:32 p.m. Seymour outlined the organizing targets planned for the single engagement club date field. He enumerated possible targets and the proposed methods to be used in various campaigns. Seymour indicated that research and investigation would dictate which club date offices would be targeted.

Dubnau, Elsila, Eisman and Seymour excused.

Financial Vice-President Landolfi submitted a contract with the Jazz Foundation of America for the Monday night Jazz Jam held in Local 802’s Club Room. Motion made and carried unanimously to approve.

Business Rep Donovan appeared before the board to present an extension of the agreement with The Fantasticks Company for the production of The Fantasticks at the Sullivan Street Playhouse. Motion made and carried unanimously to approve.

Owens present at 3:22 p.m.

Donovan distributed an agreement with the Illyria Theatre, Inc., for the production of a show entitled Splendora at the Pantheon Theatre. Motion made and carried unanimously to approve.

Donovan distributed an agreement with the Triangle Theatre Company for the showcase production of Bouncing Back at the Triangle Theatre. Discussion held. Motion made and carried unanimously to approve.

Price distributed a draft of the CAC’s Oct. 12 minutes for the board’s information.

Price distributed the Gospel Committee report of its activities during its 10 years of existence. He also reported on the Gospel Committee Spotlight meeting recently held in the Club Room. Price recommended that the Gospel Committee be permitted to continue its outreach program to the gospel community under the auspices of Local 802.

Weiss excused at 4:00 p.m.

Price was instructed to invite the chair of the CAC to meet with the Executive Board on Nov. 16 to discuss the coordination of CAC allocations with the Executive Board.

Motion made and carried unanimously to concur with the CAC for payment to NYC Opera Delegate member Revesz of car rental expense of $522.90 during the recent ICSOM conference.

Motion made and carried unanimously to approve the September 1999 vouchers.

Controller Bogert distributed financial statements for September and for the period January through September 1999. Bogert analyzed and discussed the statements with the board.

Motion made and carried unanimously to purchase two tickets at $75 each, for a total of $150, to the NY Committee for Occupational Safety and Health Awards Celebration.

Motion made and carried unanimously to contribute $250 from TEMPO802 to the [Catherine] “Nolan for Assembly” fundraiser held on Oct. 14.

Motion made and carried unanimously to contribute $250 from TEMPO802 to “People for [NYS Assemblymember Scott] Stringer.”

Motion made and carried unanimously to contribute $250 from TEMPO802 to [NYS Assemblymember Herman “Denny”] “Farrell 2000.”

Motion made and carried unanimously to contribute $250 from TEMPO802 to “Friends of [NYC Councilmember] Christine Quinn.”

Motion made and carried unanimously to contribute $250 from TEMPO802 to “Re-elect (NYS Assemblymember) Ed Sullivan Committee.”

Motion made and carried unanimously to contribute $100 from TEMPO802 to “Friends of [NYS Assemblymember] Deborah Glick.”

Motion made and carried unanimously to purchase two tickets at $50, for a total of $100, for the Labor Education Awards Reception of the NY Labor History Association.

Moriarity advised the board that the building masonry needs repairs that will cost approximately $3,000. Motion made and carried unanimously to approve the expenditure.

Motion made and carried unanimously to approve an amendment to Article I, Section 7 of the Local 802 Bylaws increasing the number of delegates to the AFM Convention in accordance with Article 23, Section 2 of the AFM Bylaws. The text of the new bylaw follows:

Section 7. Delegates in the number to which the local is entitled in accordance with Article 23, Section 2 of the AFM Bylaws and three Alternate Delegates shall be elected to represent this Local at the National Convention of the American Federation of Musicians. Their duties shall be to represent this Local on all matters pertaining thereto and to carry out specific instructions of the Executive Board and of any Membership Meeting held immediately prior to the Convention. In addition to their hotel and travel expenses, all Delegates to the A. F. of M. Convention shall be given per diem at the rate of $50.00 from the time they leave the jurisdiction of this Local until their return, which shall be promptly after the Convention adjourns. Delegates to the National Convention shall make a full and complete report at the first available meeting of the Local of the proceedings at the Convention.

In the event of the resignation or inability of a regular Delegate to attend a Convention as Delegate, the Alternate Delegate who has received the highest number of votes for the position of Alternate Delegate shall be the first selected to serve.

A proposed bylaw outlining the parameters of employment for board members was distributed for the board’s information. These are proposed changes to Section 5 of Local 802 Bylaws.

Hafemeister and Crow excused at 4:30 p.m.

A proposed bylaw on the establishment of an Advisory Board was distributed to the board.

Discussion held on a document distributed by a board member regarding contemplated bylaw changes with reference to leaders.

Meeting adjourned at 4:45 p.m.


TUESDAY, NOVEMBER 9, 1999

Meeting called to order at 11:40 a.m. Present: Recording Vice-President Price, Financial Vice-President Landolfi, Executive Board members Crow, Giannini, Hafemeister, Rosen, Simon and Weiss, Controller Bogert, Assistant to the President Dennison. President Moriarity excused to attend negotiations with NYC Ballet management.

Financial Vice-President Landolfi submitted an agreement with Meyer Sound for permission to take still photographs during the Nov. 5 concert of the New York Pops, without payment, with the photos to be used only for press releases to trade publications. Motion made and carried unanimously to approve.

Landolfi submitted an agreement with New York Revels, Inc., for employment of musicians. Motion made and carried unanimously to approve.

Oct. 26 minutes unanimously approved as amended.

Controller Bogert distributed the vouchers for October 1999.

Board member Gale present at 11:50 a.m. and Jazz Advisory Committee Liaison Owens present at 12:05 p.m. during the previous discussion.

Recording Supervisor Schaffner and member/contractor Kimberlee Wertz appeared before the board to discuss a Rosie O’Donnell TV Christmas Special that will benefit “Broadway Cares, Equity Fights AIDS.” The Rosie O’Donnell TV orchestra and a self-contained big band to back up Rosemary Clooney will be taped. The venue for the final taping of the show on Nov. 22 is expected to be the Belasco Theatre, with a live audience in attendance. Wertz asked the board to determine whether a live performance payment is required, since the audience will be composed of donors to the charity who will receive tickets to the taping as a premium. Discussion followed. Motion made and carried that, since no admission fee will be charged, no live performance payment will be required. Opposed: Weiss and Rosen. Schaffner and Wertz excused.

Local 802 Long Island Supervisor Gulluscio appeared before the board to propose a modification of the method by which Local 802 provides automobiles to Long Island business reps in fulfillment of its contractual obligation. Gulluscio was directed to discuss his proposal with Controller Bogert and to submit a revised proposal.

Meeting recessed at 1:20 p.m.

Meeting resumed at 2:30 p.m.

Present: Price, Landolfi, Crow, Gale, Giannini, Hafemeister, Rosen, Simon, Weiss, Bogert, Dennison and Owens.

Business Rep Donovan appeared before the board with an agreement with the Vineyard Theatre Company for a production entitled True History and Real Adventures. Motion made and carried unanimously to approve. Donovan excused.

Assistant to the President Dennison advised the board of the circumstances surrounding the failure of the producers of the Broadway production of Saturday Night Fever to hire the additional number of musicians for the orchestra to meet the minimum requirements of the Minskoff Theatre, where the show is playing, and as directed by the special situation panel. Dennison distributed a leaflet that will be used in informational leafleting to the public for approximately two weeks at the Minskoff Theatre, describing the dispute and Local 802’s position in the matter. Dennison further informed the board that Local 802 is filing for arbitration to resolve this situation.

President Moriarity present at 3:00 p.m.

Public Relations Director West appeared before the board to report that she had been invited to become a member of the Society of Professional Journalists (SPJ) and to attend an award dinner honoring TV journalist Gabe Pressman for his defense of the First Amendment. She requested reimbursement of $175 for a $75 ticket to the Annual Dinner and $100 dues to the SPJ. Motion made and carried unanimously to approve West’s membership in the SPJ and to reimburse her for $175 in expenses.

Board member Blumenthal present at 3:10 p.m.

A letter of thanks was received from NYS Assemblymember Catherine Nolan for Local 802’s contribution to her re-election campaign.

Discussion held on an appointment to fill the vacancy in the Executive Board. Motion made and carried to appoint member Robert Shankin to the Executive Board. Opposed: Landolfi.

Moriarity made a status report on the various negotiations now in progress.

Crow excused at 3:50 p.m.

Director of New Organizing Dubnau appeared before the board to report that a financial settlement had been reached with Music Outreach over a grievance filed by Local 802 for termination of employment of a member that resulted from the member’s union activity.

Owens and Weiss excused at 4:00 p.m.

Two members of the NYC Ballet Orchestra, representing a group called the NYCB Musicians’ Guild, appeared before the board in furtherance of a previous request to have an observer at the current negotiations and also consideration of their proposals for the negotiations. They distributed a letter requesting the board to take steps to remove from the NYCB contract the union security clause as presently constituted. They also requested that the board petition the AFM to reconsider its position on the payment of NYCB Orchestra Association dues as a condition of participation in bargaining unit affairs. Discussion held on these matters and on the rights and responsibilities of orchestra members who do not pay the yearly dues of the NYCBO Association.

Bogert excused at 4:35 p.m. Gale excused at 4:40 p.m.

Meeting adjourned at 4:48 p.m.


TUESDAY, NOVEMBER 16, 1999

Meeting called to order at 11:30 a.m. Present: President Moriarity, Recording Vice-President Price, Financial Vice-President Landolfi, Executive Board members Blumenthal, Crow, Gale, Giannini, Rosen, Shankin and Weiss, Controller Bogert, Assistant to the President Dennison.

A letter of resignation from the Executive Board was received from Lou Bruno. (See Sept. 28 minutes.)

A report was made on the union’s leafleting at the Minskoff Theatre to inform the public of the undersized orchestra and inappropriate use of synthesizers and amplification in the production of Saturday Night Fever.

Jazz Advisory Committee Liaison Owens present at 11:50 a.m.

Nov. 9 minutes unanimously approved as amended.

President Moriarity reported on the status of negotiations with Radio City Music Hall. The RCMH orchestra voted a strike authorization: 27 for, 0 against. RCMH’s management is Cablevision, a multimedia company. Discussion held. Motion made and carried unanimously to approve strike authorization for the RCMH orchestra if necessary.

Hafemeister present at 12:00 p.m. during the previous discussion.

Discussion held on the payment of strike benefits for the RCMH orchestra.

Weiss excused at 12:30 p.m.

Motion made and carried unanimously to pay strike benefits of $50 per musician per show, with a cap of $300 per week.

Long Island Supervisor Gulluscio appeared before the board to report that he had arranged to lease two autos at competitively favorable terms. He distributed a spreadsheet with the relevant purchase and monthly costs. Motion made and carried unanimously to approve the leases.

CAC Chair Bruce Revesz appeared before the board to discuss the timely notification to the Executive Board of future CAC grants. He indicated that at the conclusion of CAC meetings he would notify the Recording Vice-President’s office of any financial allocations initiated, and that information would be transmitted to the next meeting of the Executive Board for consideration. Revesz excused.

Moriarity reported to the board that the Metropolitan Opera orchestra contract negotiating committee had engaged outside legal counsel at a fee of $45,000. In accordance with Local 802’s Legal Services bylaw, this orchestra will be entitled to $25,000 for payment to their counsel. The committee and its legal counsel requested that an installment schedule of payments be made after commencement of negotiations instead of a single payment at the conclusion. Discussion held, during which it was decided to make $5,000 payments in the second, fourth, sixth, eighth and ninth months of negotiations. Motion made and carried unanimously to approve that schedule of payments.

Meeting recessed at 1:10 p.m.

Meeting resumed at 2:20 p.m.

Present: Moriarity, Price, Landolfi, Blumenthal, Crow, Gale, Giannini, Hafemeister, Rosen, Shankin, Dennison and Owens.

The following dates were set for membership/bylaw meetings in the year 2000: Feb. 15, June 20 and Oct. 24.

Director of New Organizing Dubnau and Business Rep Eisman appeared before the board to report on the Westfield (N.J.) Symphony Orchestra joint organizing effort with Local 151, Elizabeth, N.J. Approximately 90 percent of the members of this orchestra are Local 802 members. Discussion held on the possibilities of a strike at the Nov. 20 concert. Motion made and carried unanimously to approve strike authorization for the Westfield Symphony if necessary. Motion made and carried unanimously to approve strike benefits of $100, plus $50 additional for picket duty, per musician.

Financial Vice-President Landolfi submitted a request on behalf of Cathedral Productions for permission to hold an evening rehearsal to accommodate the schedule of the amateur singers in the chorus, and to pay day rates. Players would be allowed to miss this rehearsal if they have another performance conflict. Motion made and carried unanimously to approve.

Assistant to the President Dennison submitted an archival audio recording agreement with Carnegie Hall Corp. for the Nov. 13 performance of Noel Coward’s Sail Away at Weill Recital Hall. Motion made and carried unanimously to approve the agreement, subject to an affirmative vote by two-thirds of the orchestra.

Dennison advised the board that he had received a proposal regarding hearing test evaluations by a MagnaCare provider for members covered under HBP. The cost to the health plan for each screening test would be $16. A complete audiometric evaluation, if indicated, would be $65 per test. The provider of these services will be Hear-X located at 1776 Broadway. Local 802 members who are not covered by HBP can be tested and will be billed directly by Hear-X at the same rate.

Recording Vice-President Price reported on the availability of Cornell University’s Union Leadership Workshop Series and internet and web page training for labor unions.

Price reported to the board that he had granted the following leaves of absence:

  1. Jack Gale, from the Broadway production Miss Saigon, from Nov. 3-13, to play Sail Away at Carnegie Hall, with the proviso that he not substitute in Miss Saigon during that period.
  2. David Finck, from the Broadway production Jekyll & Hyde, from Nov. 3-21, for personal reasons.
  3. Thomas Brett, from the Broadway production The Lion King, from Nov. 17-21, to present a paper in Austin, Texas.
  4. Clay Ruede, from the Broadway production Annie Get Your Gun, from Nov. 21-Dec. 30, for personal reasons.
  5. Richard A. Clark, from the Broadway production Annie Get Your Gun, from Dec. 23, 1999, through Jan. 9, 2000, for personal reasons.

Moriarity initiated a discussion on a schedule of board meetings that would include an agenda for new bylaws, strategic planning, the policy- and decision-making process, and the direction of the union going forward. Weiss present at 3:05 p.m. during the previous discussion.

Moriarity reported on the Broadway pay-per-view negotiations.

Moriarity administered the oath of office to new board member Shankin.

Meeting adjourned at 3:40 p.m.


TUESDAY, NOVEMBER 23, 1999

Meeting called to order at 11:30 a.m. Present: Recording Vice-President Price, Financial Vice-President Landolfi, Executive Board members Gale, Giannini, Hafemeister, Rosen, Shankin, Simon and Weiss, Assistant to the President Dennison. President Moriarity excused to attend a meeting with the NYC Ballet Orchestra (NYCBO).

President Moriarity present at 11:45 a.m.

Nov. 16 minutes approved unanimously as amended.

Moriarity reported on the agreement with the Radio City Music Hall (RCMH), a one-year extension of the terms and conditions of the current agreement with a wage increase. Discussion held.

Jazz Advisory Committee Liaison Owens present at 11:50 a.m.

Motion made and carried unanimously to approve the RCMH agreement.

Moriarity advised the board of the NYCBO negotiations. Assistant to the President Dennison submitted the results of a Nov. 22 telephone poll of the board with reference to the NYCBO. Motion made and carried unanimously to affirm the poll’s results, authorizing a strike and a waiver of the 24-hour rule on the orchestra’s strike vote.

Discussion held on strike benefits for the NYCBO. The board recommended that benefits of $300 per musician be paid from the Local 802 Strike Fund for the first week of a strike, and that $150 per musician, to supplement the AFM Strike Fund benefit, be paid for each of four following weeks to regular musicians and rotation players. Motion made and carried unanimously to pay NYCBO strike benefits as outlined.

Moriarity advised the board of information submitted by the Recording Department about a limited pressing recording that was not paid until four months after the engagement. Discussion held on AFM and Local 802 procedures for filing recording contracts to assure timely payment to musicians.

Business Rep Lennon appeared before the board to submit an agreement with Dodger Theatrical Holdings, Inc., for a workshop production of Hans Christian Anderson at the Lyceum Theatre. Discussion held. Motion made and carried unanimously to approve. Lennon excused.

Dennison submitted a request from Spirit Lake Productions for permission to make an archival audio/video recording of a performance of Abby’s Song at City Center, on Nov. 26 or 27. The company has signed an agreement with Local 802 outlining the terms and conditions for usage. Motion made and carried unanimously to approve the request, subject to a two-thirds secret ballot vote of the orchestra.

Financial Vice-President Landolfi submitted an agreement with L’Opera Francais. Motion made and carried unanimously to approve.

Board member Hafemeister reported on the first MEMO program held for 17 Local 802 members in which she, along with Dennison, participated as the trainers. Hafemeister noted the enthusiastic and positive response of the members to the training.

Landolfi reported on the status of negotiations with the New School Guitar Studies Center. Discussion held.

Supervisor of New Organizing Dubnau and Business Rep Eisman appeared before the board to report on the Westfield Symphony organizing campaign. (See Nov. 16 minutes.) The board was informed that a union recognition agreement with management had been obtained and that the Saturday concert had proceeded as scheduled. Eisman outlined the steps taken to reach this successful outcome.

Dubnau reported on his recent visit to St. Louis, where he had been invited to meet with the St. Louis Symphony Orchestra members and the orchestra negotiating committee. He discussed various aspects of organizing and negotiation with them and gave an abbreviated MEMO program talk. In addition, he met separately with the St. Louis Local 2-197 Executive Board and discussed various types of contracts available to them for negotiation and organizing. Dubnau and Eisman excused.

Moriarity reported on the Broadway TV Network agreement. He advised the board that the Theatre Committee and Music Directors’ Committee had rejected the agreement and that he expected Broadway TV Network to file for arbitration on being apprised of the rejection.

Motion made and carried unanimously to contribute $150 from TEMPO802 to NYC Borough President C. Virginia Fields’ fundraiser.

Price distributed the minutes of the CAC’s Nov. 16 meeting, at which the CAC allocated $950 to the Gospel Committee for a Holiday Gospel Spotlight. Discussion held, in which the board requested additional information with regard to the Gospel Music field and the number of musicians who had become Local 802 members as a result of Gospel Committee activity over the years. Price responded that he would obtain that information for the board. Motion made and carried unanimously to concur with the CAC’s grant to the Gospel Committee.

Motion made and carried unanimously to purchase two tickets at $150 each, for a total of $300, to the Hispanic Labor Committee Dinner Dance, with the proviso that a union band be engaged and a contract filed with Local 802.

Meeting adjourned at 1:55 p.m.


MONDAY, NOVEMBER 29, 1999

Meeting called to order at 11:30 a.m. Present: Recording Vice-President Price, Financial Vice-President Landolfi, Executive Board members Crow, Gale, Giannini, Rosen, Shankin, Simon and Weiss, Controller Bogert, Assistant to the President Dennison, Jazz Advisory Committee Liaison Owens. President Moriarity excused to attend NYC Ballet (NYCB) negotiations.

Price distributed a letter from an NYCB orchestra member regarding the current negotiations.

Extended discussion held on two proposed bylaws – one that would change the parameters of musical activities allowed for members of the Executive Board, and a second that would provide for an elected Advisory Board of 12 members from varied musical fields.

Giannini excused at 12:45 p.m. Hafemeister present at 12:45 p.m. Meeting recessed at 1:15 p.m.

Meeting resumed at 2:30 p.m. Present: Moriarity, Price, Landolfi, Crow, Gale, Hafemeister, Rosen, Shankin, Weiss, Bogert and Owens.

Moriarity reported on the status of the NYCB negotiations.

Simon and Dennison present at 2:40 p.m.

Discussion continued on the proposed bylaws and on organizing problems.

Weiss excused at 3:30 p.m.

Moriarity advised the board regarding information presented in the letter by an NYCB orchestra member distributed earlier.

Meeting adjourned at 4:10 p.m.

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