TUESDAY, JANUARY 20, 2009

Meeting called to order at 11:05 p.m. Present: President Landolfi, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Fein, Giannini, Johansen, Norrell, Rizzo, Schwartz and Jazz Advisory Committee Liaison Owens. 

Recording Vice President Dennison distributed the minutes of Jan. 13, 2009. Motion made and carried unanimously to approve the minutes as amended.

President Landolfi reported on a meeting with management of the Metropolitan Opera regarding the organization’s economic situation and the Opera’s request for concessions from all of their collective bargaining units. Discussion held.

President Landolfi distributed to the Board a proposed New York City Theatre Industry Plan for Economic Recovery that is being prepared by the Coalition of Broadway Unions and Guilds in consultation with the Theatre industry and for submission as part of New York City, New York State and Federal economic recovery plans. Motion made and carried unanimously to endorse the proposal.

Landolfi presented a reconciliation invoice from Levy, Ratner, P.C. for the 15-month period ending December 31, 2008 in the amount of $5,192.19. Motion made and carried unanimously to approve payment of the invoice. Motion made and carried unanimously to renew the revised terms of the previous retainer agreement with Levy, Ratner, P.C. for one year through December 31, 2009.

Meeting recessed at 11:45 a.m. Meeting resumed at 12:45 p.m. Present: Landolfi, Blumenthal, Dennison, Fein, Giannini, Johansen, Norrell, Schwartz and Owens.

Financial Vice President Blumenthal reported on his attendance at an inaugural reception sponsored by entertainment industry unions and held in Washington, D.C. on Monday, Jan. 19, 2009.

Blumenthal reported on a request from a researcher studying the positive impact of aging on the work of classical musicians and reported that an announcement about the research would be included in the next issue of the Concert Department’s newsletter Excerpts along with the researcher’s contact information. Discussion held.

Motion made and carried unanimously to set the June 2009 membership meeting for 5 p.m. on June 10, 2009.

Public Relations and Political Action Director Molloy and Assistant to the President Lefevre appeared before the Board to report on their trip to Albany on Jan. 13, 2009 as part of a contingent of arts organizations meeting with elected representatives regarding arts funding and the New York State budget. 

Molloy and Lefevre reported on plans for continued involvement in the state budget process, and involvement in upcoming local elections, including school board elections where arts-funding is often an important issue. Discussion held. Lefevre and Molloy excused.

Concert Representative Fisher appeared before the Board and presented an agreement covering a recent engagement of the Gotham Wind Symphony. Motion made and carried unanimously to approve the agreement.

Fisher reported on an issue regarding the Peniel Concert Choir. Discussion held.

Discussion held on upcoming City Center Encores! negotiations.

Discussion held on the Jan. 13, 2009 special membership meeting.

Meeting adjourned at 2:20 p.m. 

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TUESDAY, JANUARY 27, 2009

Meeting called to order at 12:30 a.m. Present: President Landolfi, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Burridge, Fein, Johansen, Norrell, Rizzo, Roach, Schaffner, Schwartz and Jazz Advisory Committee Liaison Owens. 

Recording Vice President Dennison distributed the minutes of January 20, 2009. Motion made and carried unanimously to approve the minutes as amended.

President Landolfi reported on a grievance meeting with the League of American Theatres and Producers.

Landolfi reported on the status of discussions between Local 802 and the Metropolitan Opera. (See minutes of January 20, 2009.)

Financial Vice President Blumenthal distributed a communication he had sent to management of the Miami City Ballet regarding their use of tape during a recent engagement in New York City. Board member Giannini present at 11:25 a.m.

Blumenthal reported on the negative outcome of an arbitration regarding payment of a dress rehearsal at the American Ballet Theatre.

Blumenthal distributed Local 802 policy regarding gifts received by any officer or staff member from an employer and reporting requirements under Department of Labor guidelines.

Blumenthal reported on an issue being discussed with the Orpheus Chamber Orchestra. Discussion held.

Blumenthal presented an agreement with the Orchestra of St. Luke’s. Motion made and carried unanimously to approve the agreement subject to ratification by the bargaining unit. Motion made and carried unanimously that those eligible to ratify the St Luke’s agreement include musicians on both the A and B lists.

Board member Burridge and Jazz Advisory Committee Liaison Owens excused at 12:25 pm. Dennison requested a contribution of $250 to the Emergency Relief Fund in the name of recently deceased and former 802 member Freddie Hubbard to assist with payment of outstanding medical bills. Motion made and carried unanimously to approve the request.

Burridge and Owens present at 12:30 p.m. Concert representative Fisher appeared before the Board and presented an agreement with the Merrick Symphony. Motion made and carried unanimously to approve the agreement subject to ratification by the bargaining unit.

Motion made and carried unanimously that those eligible to vote on the Merrick Symphony agreement include all those musicians who performed with the Symphony in 2008. 

Principal Theatre Representative Donovan appeared before the Board and presented an agreement with Lincoln Center Theatres for their production of “Happiness” at the Mitzi E. Newhouse Theatre. Motion made and carried unanimously to approve the agreement.

Dennison reported on a tentative agreement with City Center for “Encores! Great American Musicals in Concert.” Donovan excused.

Public Relations and Political Action Director Molloy appeared before the Board and requested the expenditure of up to $2,000 for a bus to Albany for members to lobby legislators regarding the proposed 2009 New York State budget. Motion made and carried unanimously to approve the request.

Molloy requested a contribution of $150 to the campaign committee of New York City Council member Liz Crowley. Motion made and carried unanimously to approve the request with the contribution to come from TEMPO 802.

Molloy requested purchase of a one-half page ad in the TV and Film Music Guide at a cost of $600 from the public relations budget. Motion made and carried unanimously to approve the request.

Molloy requested funds for his participation in a Future of Music Coalition Conference and an economic conference in Washington, D.C. at a cost of up to $500. Motion made and carried unanimously to approve the request.

Motion made and carried unanimously to affirm a phone poll approving Local 802 sponsorship of New York State Arts at a cost of $500. The phone poll was unanimous. Molloy excused.

Club Date Representative Schilio appeared before the Board and presented an agreement with Amante Merchandise Inc. Motion made and carried unanimously to approve the agreement as amended.

Meeting adjourned at 1:10 p.m.

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TUESDAY, FEBRUARY 10, 2009

Meeting called to order at 11:05 p.m. Present: Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Burridge, Fein, Giannini, Johansen, Norrell, Roach, Schwartz and Jazz Advisory Committee Liaison Owens. President Landolfi excused due to illness. Blumenthal chaired the meeting.

Recording Vice President Dennison informed the Board that a special situation request had been received from the producers of a planned Broadway production of “Rock of Ages”. An orchestra of 5 is being proposed for the show at the Brooks-Atkinson Theatre which has an 8 musician minimum.

Dennison reported that President Landolfi in consultation with the Broadway Theatre Committee requested the engagement of media attorney Peter Thall to advise Local 802 and the Broadway Theatre Committee in regard to continuing discussions on media issues with the League of American Theatres and Producers. Discussion held.

Motion made and carried unanimously to approve the engagement of Thall for up to 10 hours at the rate of $675 per hour with the funds to come from the Members Legal Services Fund as per the terms of the Local 802 Constitution and Bylaws.

Board member Rizzo present at 11:25 a.m. Dennison requested payment of the annual Local 802 subscription fee to the Workers Independent News service at a cost of $500. Motion made and carried unanimously to approve the request.

Dennison requested purchase of a quarter-page ad at a cost of $400 in the journal for an awards program sponsored by the New York Committee on Occupational Safety and Health. Motion made and carried unanimously to approve the request.

Dennison requested a contribution of $250 to the Working Theatre. Motion made and carried unanimously to approve the request.

Dennison requested the waiver of Local 802’s initiation fee for musicians involved in the organizing effort for the Off Broadway show “Toxic Avenger.” Motion made and carried unanimously to approve the request.

Dennison requested a contribution of $250 to the Children’s Orchestra Society in conjunction with the organization’s upcoming fundraising event. Motion made and carried unanimously to approve the request.

Dennison presented a Memorandum of Agreement with City Center covering their production of “Encores! Great American Musicals in Concert.” Motion made and carried unanimously to approve agreement subject to ratification by the bargaining unit.

Dennison presented details about proposed plans to install a commercial air conditioning system unit for the 4th floor computer room at an estimated cost of $10,000. The system was needed to protect Local 802’s computer system and preclude the need to continuously run the 4th floor’s air-conditioning system. Discussion held.

Dennison requested payment of an invoice in the amount of $2,700 for the emergency replacement of a headquarters building circuit breaker and emergency lights in the basement. Motion made and carried unanimously to approve the request.

Blumenthal reported that the Opera Orchestra of New York had cancelled the remaining performances of their 2008-09 season.

Controller Goldman appeared before the Board and presented the Consolidated Financial Statement of Local 802 for the twelve months ending December 31, 2008. Discussion held.

Meeting recessed at 1:00 p.m. Meeting resumed at 2:05 p.m. Present: Blumenthal, Dennison, Burridge, Fein, Giannini, Johansen Norrell, Rizzo, Roach and Schwartz.

Chief Information Officer Alayo and Building Superintendent Little present for a discussion of the proposed air conditioning unit for the 4th floor computer room. Discussion held. Alayo and Little excused.

Concert Representative Fisher appeared before the Board and presented an agreement with Manhattan Concert Productions. Motion made and carried unanimously to approve the agreement. Fisher excused.

Assistant to the President Lefevre appeared before the Board and reported on lobbying efforts in Albany regarding the proposed NY State budget and its impact on the members of Local 802, specifically the efforts to restore arts funding, prevent the re-imposition of a theatre ticket tax and restore progressivity to the State income tax. Discussion held.

Principal Recording Representative Sheldon appeared before the Board and presented, as per the Board’s request, a recommended procedure for the election of an orchestra committee from among the members of the “WonderPets!” orchestra. Discussion held. Motion made and carried unanimously to approve the recommended procedure with the understanding that the procedure was to be reviewed by Local 802 counsel. Sheldon and Lefevre excused.

Dennison presented an agreement with Innovative Music Programs Inc. (Shem Guibbory). Motion made and carried unanimously to approve the agreement.

The Board’s Financial Subcommittee reported that they had reviewed and approved the officers’ expense receipts for October, November and December 2008.

Blumenthal requested the purchase of a full page ad at a cost of $150 in the journal of a fund raising event in support of the Queens Symphony.

Blumenthal reported on a meeting with management of the American Ballet Theatre regarding the organizations request for contract concessions in light of its current budget problems.

Discussion held.

Meeting adjourned at 4:10 p.m.

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TUESDAY, MARCH 10, 2009

Meeting called to order at 11:05 p.m. Present: President Landolfi, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Burridge, Fein, Giannini, Rizzo, Roach and Schwartz.

President Landolfi requested affirmation of a phone poll approving settlement of a grievance regarding the limited run production of “Soul of Shaolin” at the Marquis Theatre. The phone poll was unanimous. Motion made and carried unanimously to affirm the phone poll.

Landolfi requested affirmation of a phone poll approving the settlement of two grievances regarding the Broadway production of “A Tale of Two Cities” at the Hirschfeld Theatre. The phone poll was unanimous. Motion made and carried unanimously to affirm the phone poll.

Landolfi requested affirmation of a phone poll approving the expenditure of $1,500 for the band engaged to perform at a multi-union rally opposing the proposed New York State executive budget. The phone poll was unanimous. Motion made and carried unanimously to affirm the phone poll.

Landolfi requested a contribution of $125 to Encore Community Services located at St. Malachy’s, the Actors’ Chapel. Motion made and carried unanimously to approve the request.

Jazz Advisory Committee Liaison Owens present at 11:10 a.m. Landolfi requested a contribution of $100 to the United Hebrew Trades. Motion made and carried unanimously to approve the request.

Landolfi requested co-sponsorship along with the ASCAP Foundation and the Film Musicians Secondary Market Fund for the annual ASCAP/Columbia University film scoring workshop at a cost of $3,500 with the funds to come from the public relations budget. Motion made and carried unanimously to approve the request.

Landolfi reported that a settlement had been reached with the Broadway producers of “Gypsy,” providing for a payment to orchestra members for use of recorded material on a Web site.

Local 802 Counsel Engelstein present for a discussion of a pending arbitration with the League of American Theatres and Producers growing out of lost wages and benefits during the Local 1 stagehands strike on Broadway in 2007. Engelstein reported that a recent arbitration brought by Actors’ Equity on this same issue had resulted in a decision denying any wage payment to actors but did, however, require the payment of the remainder of a full week of health benefit contributions for the partial weeks actors worked during the strike. Discussion held. Board member Schaffner present at 11:30 a.m. Discussion continued. Engelstein excused.

Dennison requested purchase of a half-page ad at a cost of $650 in the fundraising journal in support of Tenants and Neighbors. Motion made and carried unanimously to approve the request

Dennison requested the purchase of one ticket at a cost of $100 to a fund raising event for the James Moody Scholarship Fund. Motion made and carried unanimously to approve the request

American Symphony Orchestra (ASO) Committee members Adria Benjamin, Jeffrey Caswell and Eugene Moye appeared before the Board in regard to a proposed agreement covering rehearsals and performances of the opera “Les Huguenots” at the 2009 SummerScape Festival at Bard College. Discussion held. Benjamin, Caswell and Moye excused. Discussion held. Motion made and carried unanimously (at the unanimous recommendation of the ASO Orchestra Committee) to approve the terms of a separate single engagement agreement covering members of the ASO engaged for the SummerScape Festival opera performances of “Les Huguenots” subject to ratification by the bargaining unit.

Local 802 Rank and File representative to the AFM Motion Picture and TV Film negotiations Tony Finno present for a report and discussion of the AFM Motion Picture and TV Film negotiations. Discussion held.

Meeting recessed at 1:50 P.M. Meeting resumed at 2:25 p.m. Present: Landolfi, Dennison, Burridge, Fein, Giannini, Owens, Roach and Schwartz.

Landolfi reported on a proposal regarding the re-design and on-going layout responsibility for Allegro that would result in an annual savings of approximately $35,000 for Local 802 after an initial cost of no more than $16,000 for design work and computer equipment. Discussion held. Allegro editor Elsila present. Discussion continued. Elsila excused. Motion made to approve the proposal and the expenditure of up to $16,000 for the design work and computer equipment.

Landolfi reported on the status of the Senior Orchestra Society.

Landolfi reported on the status of a special situation request regarding the Broadway production of “Rock of Ages” at the Brooks Atkinson Theatre. Discussion held

Landolfi reported on a recent meeting of trustees of the American Federation of Musicians and Employers Pension Fund. Discussion held.

Meeting recessed at 3:05 P.M. Meeting resumed at 3:10 p.m. Present: Landolfi, Dennison, Burridge, Fein, Giannini, Owens, Roach, Schaffner and Schwartz.

Media Attorney Peter Thall, Associate Natallia Azava and Local 802 Counsel Engelstein appeared before a joint meeting of the Board and the Broadway Theatre Committee Media Subcommittee for a discussion of a media proposal made to Local 802 by the League of American Theatres and Producers. Present for the discussion: Assistant to the President Lefevre, Broadway Representative Friedman, Recording Representative Sheldon, Concert Representative Fisher, Music Preparation Supervisor Steve Dannenberg, Broadway Theatre Committee Chair Tino Gagliardi, Co-chair Wally Usiatynski and Theatre Committee members Jan Mullen, Susan Orenstein, Jon Owens, Bill Rohdin, Mark Patterson, Peter Sachow, Mark Thrasher, David Weiss, and Marshall Coid, Copyists Committee Chair Art Koenig and Copyists Committee member Russ Anixter. Discussion held. Board member Schwartz excused at 4:40 p.m. Jazz Advisory Committee Liaison Owens excused at 4:50 p.m. Meeting recessed at 5:15 p.m.

Meeting resumed at 5:25 p.m. Present: Landolfi, Blumenthal, Dennison, Burridge, Fein, Giannini, Roach and Schaffner.

Concert Representative Fisher and Counsel Mars appeared before the Board and presented an agreement with New York Scandia Symphony. Motion made and carried unanimously to approve the agreement subject to ratification by the bargaining unit.

Board member Schwartz present at 5:30 p.m. Counsel Engelstein appeared before the Board and presented an offer from the League of American Theatres as settlement of the pending arbitration related to the 2007 Local 1 Stagehands strike. Motion made and carried unanimously to approve a settlement of no less than the tentative offer presented by Counsel Engelstein.

Burridge excused at 5:40 p.m. Fisher presented a request for a contribution of $150 to a fundraising event for The Oratorio Society of Queens. Motion made and carried unanimously to approve the request.

Counsel Mars reported on the status of a request for contract concessions from the American Ballet Theatre. (See minutes of February 10, 2009.) Discussion held.

Landolfi reported on the status of discussions with the Metropolitan Opera regarding request for concessions and the possible engagement of a forensic accountant. Mars and Fisher excused.

Dennison distributed a bylaw proposal submitted by the chairs of the Lincoln Center Orchestra committees and presented to the February membership meeting regarding an in-person voting site at a location within or adjacent to Lincoln Center for the Performing Arts. The February membership meeting, having not achieved a quorum, the bylaw proposal became subject to action by the Board. Motion made and carried unanimously to approve the proposed bylaw change.

Blumenthal requested a standard wage increase for a non-bargaining unit staff member. Motion made and carried unanimously to approve the request.

Meeting adjourned at 5:50 p.m.