Bylaw Resolutions – Revision

Volume CII, No. 6June, 2002

Last month’s Allegro contained the text of three bylaw amendments to be presented at the upcoming membership meeting, to be held on Tuesday, June 18, at 3 p.m. in the Local 802 Club Room. One word was inadvertently omitted from the resolution to amend Article IV, Subdivision IX, Rule 15. That resolution is reprinted below in its entirety. Please note that proposed new language is in italics. Language to be deleted is struck through.

WHEREAS the original intention of Rule 15 in prohibiting members substituting on engagements from which they have taken leaves of absence, was to provide security for the musicians who replace them, and

WHEREAS this prohibition was intended to apply to all leaves of absence which are subject to approval by the Executive Board, and

WHEREAS the existing language of the bylaw does not make this clear,

THEREFORE BE IT RESOLVED that Article IV, Subdivision IX, Rule 15 be amended as follows:

Rule 15.

1. No member may simultaneously hold full membership in more than one of the following types of engagements under Local 802 agreements.

A.) A perpetually tenured engagement of 30 or more consecutive weeks of performances (such as the Metropolitan Opera Orchestra or the New York Philharmonic).

B.) A Broadway show. For purposes of this bylaw, a Broadway show shall be defined as a production done under a Local 802 Broadway agreement (with the exception of a limited engagement of thirty weeks or less).

2. If a member either holds or is offered concurrent engagements and cannot fulfill the terms of the applicable collective bargaining agreements due to the conflicting obligations of those engagements, that member may take a leave of absence in order to honor the terms of the applicable agreements. Leaves of absence shall be subject to the restrictions in 1. above, the terms of the applicable agreements, and the approval of the Executive Board. Approval by the Executive Board shall be granted according to the following guidelines:

A) Leaves requested for purposes of playing an additional engagement in the jurisdiction of Local 802 may be approved subject to the following provisions:

1.) That the player taking the leave shall not substitute at the engagement for which the leave applies during the term of that leave. (Renumber 2 through 4 as 1 through 3)

2.) That the leave may be extended only with the approval at the Executive Board, and may not be shortened.

3.) That no leave shall be granted for a member of one Broadway show to play another Broadway show unless “run-of-the-show” job security at one of the shows is clearly held by another musician, and such leave shall be only for the period of time necessary to engage a suitable non-roster musician, or for two weeks, whichever is shorter.

4.) That no exception to these policies shall be made based solely upon a musician’s status or potential status as Assistant or Associate Conductor, or Designated Contractor.

B.) Leaves requested in order to perform work outside of Local 802’s jurisdiction may be approved and extended but not shortened.

C.) Leaves requested for personal reasons (not to perform another steady engagement) shall be approved and extended but not shortened.

D.) Players taking leaves of absence shall not substitute at the engagement for which the leave applies during the term of that leave.

E.) The Executive Board shall have the authority to grant exceptions to any of these provisions in cases of hardship, in an emergency, or in cases where a musician’s job security at any engagement is threatened by the inability to secure a leave of absence.

Submitted by Jack Gale and Martin Agee

The Executive Board reported this resolution favorably.