Allegro

Executive Board Minutes

September 21, 2001 -- October 16, 2001

Volume CI, No. 12December, 2001

FRIDAY, SEPTEMBER 21, 2001

Meeting called to order at 11:15 a.m. Present: President Moriarity, Recording Vice-President Price, Financial Vice-President Hafemeister, Executive Board members Blumenthal, Crow, Gale, Giannini, Reynolds, Rohdin, Shankin and Weiss, Controller Bogert, Assistant to the President Dennison, Assistant Director Lennon, Jazz Advisory Committee Liaison Owens. Local 802 legal counsel Leibowitz present.

Member Clay Ruede appeared before the board to make a statement recommending that the board accommodate the producers’ requests (see Sept. 20 minutes) so that Broadway will continue to keep operating during this crisis.

President Moriarity reported that AFM President Lee, on advice of legal counsel, would not use his emergency powers to intervene in the Broadway crisis (see Sept. 20 minutes).

Legal counsel Leibowitz made a presentation detailing the legal arguments advanced by AFM counsel George Cohen to AFM President Lee that resulted in Lee’s decision not to order any changes in the Broadway agreement. Discussion held, during which members of the board strongly urged that a ratification meeting be held with the bargaining unit. However, the board was informed that at a press conference scheduled by Actors’ Equity on Sept. 20, Local 802 was included on a list of unions participating in wage reductions of 25 percent for a four-week period for the staffs of several shows. Publication of this list occurred before the union was able to consult its membership and a refusal to participate was not deemed advisable in light of the crisis. It was decided to schedule a meeting of the affected musicians between shows on Saturday, Sept. 22, at 5:30 p.m., to review the events that had taken place leading to Local 802’s participation in the wage concessions. It was also decided to schedule a meeting of the full bargaining unit for Saturday, Sept. 29.

Moriarity advised the board that he will attend a scheduled meeting of the Broadway Fact-Finding Committee on Monday, Sept. 24.

Meeting adjourned at 1:00 p.m.

TUESDAY, SEPTEMBER 25, 2001

Meeting called to order at 11:25 a.m. Present: President Moriarity, Recording Vice-President Price, Financial Vice-President Hafemeister, Executive Board members Blumenthal, Crow, Gale, Giannini, Landolfi, Reynolds, Rohdin, Shankin and Weiss, Controller Bogert, Assistant to the President Dennison, Assistant Director Lennon, Jazz Advisory Committee Liaison Owens.

Sept. 4 minutes unanimously approved as amended.

President Moriarity advised the board that, in accordance with AFM terms, the New York Philharmonic orchestra management and Local 802 had negotiated an agreement for the CD release of music recorded for radio broadcast and archival purposes during the tenure of conductor Kurt Masur.

Discussion held on 802’s opera/ballet scale for freelance symphony orchestra performances and its relationship to concert scales.

Minutes of Sept. 17 and Sept. 20 unanimously approved as amended. Discussion began on the minutes of Sept. 21.

Meeting recessed at 1:15 p.m.

Meeting resumed at 2:30 p.m.

Present: Moriarity, Price, Hafemeister, Blumenthal, Crow, Gale, Giannini, Landolfi, Reynolds, Rohdin, Shankin, Weiss, Bogert, Dennison, Lennon, Owens.

Discussion continued on the revision of the Sept. 21 minutes. These were not approved and will be resubmitted.

Moriarity reported on a meeting of the Broadway Fact-Finding Committee. Management of Kiss Me Kate had requested a 50 percent reduction in wages and benefits, stating that the cast, crew and musicians were willing to agree to that. The unions, after discussion, informed the producers that they could not agree to the request. In light of the unions’ refusal, management agreed to accept a 25 percent reduction in wages, with an additional 25 percent to be voluntarily donated by cast, crew and musicians to Broadway Cares/Equity Fights AIDS, to be used to purchase tickets to the show.

Discussion held on the meeting held on Sept. 22 with musicians from the five shows which the Broadway unions had agreed would implement a wage and benefits cut of 25 percent for four weeks. (See Sept. 20 minutes.) Further discussion followed. Moriarity recommended that the union suspend musicians’ payment of union work dues during the four weeks of cuts. Motion made and carried unanimously to waive the 3 percent work dues of the affected musicians.

It was reported that the three full-time officers would take a pay cut of 25 percent for four weeks, to be donated to appropriate charities or funds. Motion made and carried unanimously to approve that action and to adopt a 25 percent reduction in payment for board attendance for four weeks.

Moriarity reported on a Broadway Fact-Finding Committee meeting which heard requests from the producers of Urinetown, 42nd Street and The Music Man. He reported that all the IATSE locals had informed the Committee that no more concessions would be made to any other shows during the next four-week period. The producers withdrew the request for 42nd Street. Urinetown did not meet the unions’ guidelines since it had not officially opened.

The Rocky Horror Show, which had closed, submitted a request for a waiver of hiatus payments in order to reopen on Oct. 30 for the period of November and December. Motion made to grant the request for a waiver of the hiatus payment for The Rocky Horror Show. Discussion ensued on the request. Motion carried. Opposed: Giannini, Reynolds and Rohdin.

Moriarity read a letter to the board from the Nederlander organization, seeking permission to hold discussions directly with the music personnel, staff and orchestra of The Music Man to ask for cuts offered to the other shows. Moriarity responded by letter, stating that the union would refuse this request and any other requests by managements to talk directly with the musicians instead of the union. Motion made and carried unanimously to approve Moriarity’s response denying the request.

Gale excused at 4:10 p.m. during the foregoing. Owens and Bogert excused at 4:30 p.m.

Discussion continued on the Broadway crisis.

Meeting adjourned at 5:10 p.m.

TUESDAY, OCTOBER 2, 2001

President Moriarity reported on the NYC primary election results involving candidates Local 802 had endorsed.

Moriarity reported on the meeting held with the Broadway theatre bargaining unit on Saturday, Sept. 29.

A letter from Moriarity to the League of American Theatres and Producers, Inc., was distributed. The letter expressed the union’s objection to any management meeting held with musicians to request unauthorized concessions or conduct other forms of negotiation. A response from the League was also distributed. Discussion held.

Assistant to the President Dennison distributed reports of weekly theatrical grosses during the months of September and October, covering the periods 1998 through 2001 for purposes of comparison.

Moriarity reported that management had requested the Broadway wage concession for Beauty and the Beast. Dennison reported on his attendance at a meeting on Sunday, Sept. 30, of the production’s cast, crew and musicians. The orchestra had voted by secret ballot on the request for a wage concession and the votes had yet to be counted.

Discussion held on Local 802’s public relations effort related to the Broadway crisis.

It was reported that a meeting of the union’s Live Music/Public Relations subcommittee was scheduled for Tuesday, Oct. 16, with Executive Board members and representatives from the committees of the various 802 bargaining units.

Moriarity excused at 12:40 p.m. to attend a meeting with the NY Philharmonic orchestra.

Assistant Director Lennon reported on the status of freelance orchestra negotiations. Discussion held.

Meeting recessed at 1:15 p.m.

Meeting resumed at 2:25 p.m.

Present: Moriarity, Price, Hafemeister, Blumenthal, Crow, Gale, Giannini, Landolfi, Reynolds, Rohdin, Shankin, Weiss, Bogert, Dennison, Lennon, Owens.

Senior Business Rep Jackson appeared before the board to present a contract with the Jazz Foundation of America (JFA) for the Sept. 24 gala concert “A Great Night in Harlem,” at the Apollo Theatre. Motion made and carried unanimously to approve.

Jackson submitted a contract with JFA for the Monday night jam sessions held in the 802 Club Room. Motion made and carried unanimously to approve.

Moriarity reported that IATSE had requested one week to respond to the request for an extension of the Broadway wage concession to Beauty and the Beast.

Controller Bogert distributed financial statements for July and August 2001. He reported on and discussed Local 802’s financial condition.

Discussion held on loans made to union employees. Motion made and carried unanimously to approve an interest rate of 3.5 percent on employee loans.

Bogert submitted a list of four union employees for salary adjustments of 3.5 percent. Motion made and carried to approve increasing their salaries by 3.5 percent on their anniversary date of hire. Opposed: Landolfi.

Discussion held on salaries to be donated by the officers (one week’s pay) and board members (one meeting’s pay). It was suggested that this money be used to purchase an ad in the union’s Emergency Relief Fund (ERF) journal. The ERF will disburse the funds to various charities. Motion made and carried unanimously to approve.

Lennon requested that the board affirm three telephone polls that approved the following:

A request from American Composers Orchestra to schedule two 31/2 hour rehearsals on Dec. 12 and to pay for the seventh total hour of rehearsal at time-and-one-half, with the proviso that the request be granted on a one-time-only, non-precedent-setting basis.
A request from Opera Eurydice to file its Oct. 18 concert in Alice Tully Hall under Single Engagement Concert wages and conditions, with the exception that performance wages be reduced to $140 and rehearsal wages to $20 per hour. The board approved an agreement with Opera Eurydice recognizing the union and guaranteeing that all engagements in major venues, beyond the Alice Tully Hall concert on Oct. 18, would be paid at full scale.
Terms and conditions of the CBA between Dance Theatre of Harlem and Local 802, effective Sept. 1 through Oct. 31, 2001. Musicians unanimously ratified the agreement on Sept. 28.

Motion made and carried unanimously to affirm the three telephone polls as outlined.

Sept. 21 minutes unanimously approved as submitted.

Moriarity reported that AFM Pamphlet B negotiations with the League of American Theatres and Producers, Inc., covering travelling theatrical productions, were scheduled for Oct. 3.

Crow excused at 3:45 p.m.

Discussion held on a possible union bylaw dealing with emergency powers during a crisis. Moriarity appointed a subcommittee of Gale, Giannini and Landolfi to examine the possibility of formulating such a bylaw and its procedures.

President of Dallas Local 72-147 Ray Hair appeared before the board to present a $1,000 donation to the Local 802 Emergency Relief Fund from his local, in light of the crisis in New York City. Hair was in New York for Pamphlet B negotiations. He was welcomed and thanked by the board for his local’s donation.

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

Ashley Horne, from the Broadway production The Producers, from Oct. 2-7, with the exception of the matinee on Oct. 3, and from Oct. 9-10, to perform other in-town work, with the proviso that he not substitute in The Producers during that period.
Jeff Carney, from the Broadway production Beauty and the Beast, from Sept. 13-30, to perform in Europe.
Kay Ragsdale, from the Broadway production Les Misérables, from Oct. 8-Nov. 3, to perform out of town.
James Roe, from the Broadway production Aida, from Sept. 23-30, to perform on tour.
William Smylie, from the Broadway production The Full Monty, from Sept. 24-Oct. 21, for personal reasons.
Anthony Cecere, from the Broadway production Beauty and the Beast, from Sept. 26-Oct. 1, to audition for the New Jersey Symphony.

Meeting adjourned at 4:30 p.m.

TUESDAY, OCTOBER 9, 2001

Meeting called to order at 11:30 a.m. Present: Recording Vice-President Price, Financial Vice-President Hafemeister, Executive Board members Blumenthal, Crow, Gale, Giannini, Landolfi, Reynolds, Rohdin and Shankin, Controller Bogert, Assistant to the President Dennison, Assistant Director Lennon, Jazz Advisory Committee Liaison Owens. Local 802 legal counsel Leibowitz also present. President Moriarity excused to attend a conference in San Francisco. Meeting chaired by Financial Vice-President Hafemeister.

Assistant Director Lennon reported on the status of freelance concert orchestra negotiations. He reported on meetings with individual committees and on a scheduled meeting with all of the combined committees.

Discussion held on a request from the Quintet of the Americas and the Perspectives Ensemble for their Oct. 23 concert at Merkin Hall. Member Sato Moughalian, Artistic Director of the Perspectives Ensemble (PE) and member of the Quintet of the Americas (QA), appeared before the board regarding the request. The request was for a reduced scale for the PE for 18 musicians who would play one piece in the concert, and a similar reduction for the QA. A Limited Pressing recording would be made under an AFM agreement. After Moughalian made her presentation she was excused while the board deliberated. When she returned the board requested more financial information and definitive budget figures in order to consider the request. Moughalian excused to prepare the budget information.

Leibowitz excused. Board member Weiss present at 11:50 p.m. during the foregoing.

Legislative Director Beaudoin appeared before the board to discuss the candidates endorsed by Local 802 in the NYC primary election. She submitted two additional candidates for NYC Council seats for union endorsement: Joanne Seminara in the 43rd CD in Brooklyn and Tony Avella in the 19th CD in Queens. Motion made and carried unanimously to endorse Joanne Seminara for NYC Council from the 43rd CD. Motion made and carried unanimously to endorse Tony Avella for NYC Council from the 19th CD.

Beaudoin reported on a meeting of the Local 802 Live Music Campaign. She submitted the name of Vito Turso of Dan Klores Communications (DKC) as a consultant to Local 802, to work on publicizing the union through print media, fundraising, advertising and other activities. Beaudoin submitted a proposed contract for DKC services that included a fee of $4,000 per month, plus out-of-pocket expenses. Discussion held. Motion made and carried unanimously to engage Dan Klores Communications for a period of six months, subject to the concurrence of the three fulltime officers after an interview with Turso. Board member Giannini directed by the board to meet with 802 legal counsel Leibowitz to review the DKC contract and report back to the board.

It was reported that the Live Music Campaign subcommittee would hold a meeting on Oct. 16 with the Executive Board and representatives of all rank-and-file committees.

Lennon returned with the requested PE budget information and was instructed to inform Moughalian that, although the board could not grant any wage concessions in this case, the ensemble’s financial problems involving the Oct. 23 concert could be accommodated in a collective bargaining agreement with Local 802.

Reynolds excused at 1:15 p.m. and. Owens excused at 1:20 p.m. during the foregoing.

Controller Bogert reported on the possibility of paying off the Local 802 building mortgage and what would be entailed in future refinancing if it were found to be necessary.

Discussion held again on the question of the Perspectives Ensemble concert. Motion made and carried unanimously to direct Lennon to negotiate a CBA with Perspectives Ensemble.

Meeting recessed at 1:45 p.m.

Meeting resumed at 2:45 p.m.

Present: Price, Hafemeister, Blumenthal, Crow, Gale, Giannini, Landolfi, Rohdin, Shankin, Weiss, Bogert, Dennison, Lennon.

Board member Gale distributed for the board’s consideration a proposed bylaw dealing with Emergency Powers. Discussion held. Giannini excused at 3:45 and Crow excused at 3:55 during the previous discussion.

Assistant to the President Dennison reported on The Rocky Horror Show (see Sept. 25 minutes). The orchestra was in agreement to waive hiatus pay in the event the show reopens but was not in agreement with management efforts to be granted wage concessions. Discussion held.

Dennison reported on the nonunion off-Broadway show Reefer Madness (see Sept 17 minutes). He confirmed that the demonstration planned for the show’s opening night on Sunday, Oct. 7, had been cancelled due to the start of U.S. air strikes in Afghanistan. He reported that, as a result of union activity, area standards are being met although there is no union agreement. Dennison asked the board to affirm a telephone poll that approved an expenditure for a new ad in the Village Voice to continue the boycott of Reefer Madness. Motion made and carried unanimously to affirm the poll. Discussion held on the Village Voice newspaper, during which Dennison reported on his conversation with Village Voice executives and their refusal to continue to accept the advertisement as previously printed or with any changes.

Meeting adjourned at 4:45 p.m.

TUESDAY, OCTOBER 16, 2001

Meeting called to order at 12:30 p.m. Present: Recording Vice-President Price, Financial Vice-President Hafemeister, Executive Board members Blumenthal, Crow, Gale, Giannini, Landolfi, Reynolds, Rohdin, Shankin and Weiss, Controller Bogert, Jazz Advisory Committee Liaison Owens. President Moriarity excused to attend to union business. Meeting chaired by Hafemeister.

Discussion held on the earlier meeting of the Local 802 Live Music Campaign/Public Relations subcommittee attended by the Executive Board and rank-and-file committee members.

Recording Vice-President Price distributed minutes of the Oct. 9 CAC meeting for the board’s review and consideration. Discussion held on CAC funds awarded for various projects that require Executive Board concurrence.

Motion made and carried unanimously to concur with CAC agenda items #4 and #5, to deny concurrence with agenda items #1 and #2, and to recommend that agenda item #3 be fully funded by the CAC. The board also recommended that a joint meeting be scheduled with the CAC as soon as practicable.

Meeting recessed at 1:30 p.m.

Meeting resumed at 2:30 p.m.

Present: Moriarity, Price, Hafemeister, Blumenthal, Crow, Giannini, Landolfi, Reynolds, Rohdin, Shankin, Weiss, Bogert, Assistant to the President Dennison.

Controller Bogert presented an updated report on interest rates and reassessed his previous recommendation with a suggestion that the union pay off the balance of $300,000 on the building mortgage. He noted that funds invested in U.S. Treasury Bills now pay an interest rate of 21/2 percent, as opposed to the interest rate of 81/2 percent that Local 802 is paying on the mortgage. The 6 percent spread in interest rates made it financially advantageous to pay off the mortgage. Discussion held. Motion made and carried unanimously to pay off the mortgage balance of $300,000.

Discussion held on the CAC.

President Moriarity reported on a meeting with Councilmember Christine Quinn during which she expressed her willingness to help the theatre community. He also reported on the meeting held with the Broadway Fact-Finding Committee. The theatres had been reporting better business and some productions would compensate musicians for the wage cuts as follows: The Full Monty, Rent and Chicago intend to repay 100 percent of the reductions; Les Misérables and The Phantom of the Opera had already rescinded some of the reductions and intended to repay at least 50 percent of the reductions, with the possibility of greater repayments for The Phantom of the Opera in the future; Kiss Me Kate was making repayments on a week-to-week basis, ranging from a repayment of 50 percent of the agreed upon cuts in the first week to full repayments in the second, third and fourth weeks; The Music Man was not able to make any repayments. The next Fact-Finding Committee had been scheduled for Nov. 19.

Meeting recessed at 3:00 p.m. for the board to attend the regularly scheduled membership meeting. Since there was no quorum at the membership meeting the board meeting resumed at 3:30 p.m. Present: Price, Hafemeister, Blumenthal, Giannini, Landolfi, Reynolds, Rohdin, Shankin, Weiss.

Sept. 25 minutes unanimously approved as amended.

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

Gary Bristol, from the Broadway production Aida, from Oct. 8-Nov. 4, for personal reasons.
Ravi H. Best, from the Broadway production 42nd Street, from Sept. 25-Oct. 28 and from Nov. 13-Dec. 16, to perform on tour.
Jeanne Le Blanc, from the Broadway production The Phantom of the Opera, from Sept. 24-Nov. 19, for personal reasons.
Ted Baker, from the Broadway production The Lion King, from Sept. 19-Oct. 28, to perform on tour.
Tommy Igoe, from the Broadway production The Lion King, from Oct. 18-28 and from Nov. 4-17, to perform on tour.
John Dent, from the Broadway production The Music Man, from Oct. 12-25, to perform on tour.
Jon Herington, from the Broadway production Aida, from Oct. 10-Nov. 19, to perform out of town.

Meeting adjourned at 4:00 p.m.