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Bylaw resolution for June 2022 membership meeting

Volume 122, No. 5May, 2022

The following bylaw resolution has been submitted by Local 802 member Caryl Paisner for the June 2022 Local 802 membership meeting:

Article I, Section 5c

Current bylaw:

Each member of the Executive Board shall receive $150.00 for each board meeting attended. The Executive Board shall meet no more than 104 times a year. Members of the Executive Board shall be permitted to accept any professional engagement, except standby, understudy or other non-playing engagement, but not to act as contractor, leader or personnel manager during their terms of office. The acceptance of engagements as a solo performer without the accompaniment of other musicians shall not be construed as acting as a leader for the purposes of this paragraph. Members of the Executive Board who are designated to represent the local as principal negotiators of the terms and conditions of members’ employment as musicians, or who are appointed to supervise any department of the local that enforces and/or administers any agreements or wage scales governing such terms and conditions of employment, shall not be permitted to work as musicians.

Proposed bylaw change (proposed change in red):

Each member of the Executive Board shall receive the effective single engagement weekday 3-hour club date rate (currently $250.00) for each board meeting attended, retroactive to Jan 1, 2022. The Executive Board shall meet no more than 104 times a year. Members of the Executive Board shall be permitted to accept any professional engagement, except standby, understudy or other non-playing engagement, but not to act as contractor, leader or personnel manager during their terms of office. The acceptance of engagements as a solo performer without the accompaniment of other musicians shall not be construed as acting as a leader for the purposes of this paragraph. Members of the Executive Board who are designated to represent the local as principal negotiators of the terms and conditions of members’ employment as musicians, or who are appointed to supervise any department of the local that enforces and/or administers any agreements or wage scales governing such terms and conditions of employment, shall not be permitted to work as musicians.

The following explanation for bylaw change was submitted by Caryl Pasiner:

The Executive Board compensation was codified nearly three decades ago in the 1994 bylaws at $125 per meeting (Article I, Section 5c), and was increased by $25 once during the early 2000’s to $150. It has remained the same for well over a decade and has increased by only 20% in almost 30 years. The officers’ salaries were codified at the same time (Article I Section 4) and includes a stipulation for a yearly increase in accordance with the DOL’s All Urban Consumer Price Index for the NY Metropolitan area. Since 1994 officers’ salaries have tripled. In addition, the EB bylaw states that there shall be no more than 104 EB meetings per year. The EB has only one meeting per week, with a few meetings during the year canceled for holidays so there are less than 52 meetings per year. There is a very rare extra meeting. So, even in 1994, the budget was conceived to be up to $250/week per EB member. An increase in the $150 stipend is a worthy investment for the time and commitment of EB members. We need to invest in our Executive Board in order to foster greater involvement in our Union by members of all ages, from all corners of our industry.

A few other large locals tie Executive Board compensation to club date scale, so this seemed to be a fair basis for the change, and still well under what a simple cost of living index increase would have resulted in if applied when first codified, as it was for the titled officers.

Many ask, what do Executive Board members do?

The EB is the governing body of 802. It is the members’ voice for every major decision made, whether regarding policy or expense. The Board meets weekly and strategically plans and approves all aspects of the business of 802, including contract negotiations, building operations, political endorsements, attracting new membership and increasing work under contract. Certain actions required of the officers of the Union can only be taken with the approval of the board. Executive Board members also serve on committees outside of weekly meetings (e.g. finance, politics, and diversity, to name a few), act as Board representatives during contract negotiations, and are available at all times to hear concerns of members.

An unspoken issue that has come to light for our membership is that when elected, a Board member can no longer work as a contractor, in-house contractor, or personnel manager, and must play union jobs exclusively. This requirement has the unintended consequence of excluding many terrifically qualified and enthusiastic members who work in diverse fields from running for the EB. These members and their fields deserve representation and their contributions would be of great value to the membership. We must create a pathway for the EB to represent all members, not just those working in the big orchestras and on Broadway. In order to attract a more diverse segment of the 802 population to serve on the EB and be justly compensated (including indie, jazz and club date musicians, copyists, arrangers and orchestrators), this by-law must be amended.

Please note that I no longer serve on the E-Board so have no personal investment in this decision. But having served for 3 years I understand the importance of an increase in the weekly stipend. Whoever wins the EB seats deserves appropriate compensation for 3 years of service. This is a wrong that has stood for almost 30 years. Let’s rectify it.

The Executive Board reports this bylaw resolution without comment.