Allegro

Executive Board Minutes

September 8, 2009 - September 29, 2009

Volume CIX, No. 11November, 2009

TUESDAY, SEPTEMBER 8, 2009

eeting called to order at 11:15 a.m. Present: President Landolfi, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Burridge, Fein, Giannini, Johansen, Schaffner and Jazz Advisory Committee Liaison Owens.

Recording Vice President Dennison distributed the minutes of September 1, 2009. Motion made and carried unanimously to approve the minutes as amended.

President Landolfi requested the endorsement of John Corzine for Governor of New Jersey. Motion made and carried unanimously to approve the request. Landolfi requested the endorsement of Brookhaven, New York Town Supervisor Mark Lesko. Motion made and carried unanimously to approve the request. Landolfi requested the endorsement of John Leonard for Brookhaven, New York Town Council. Motion made and carried unanimously to approve the request.

Motion made and carried unanimously to donate $150 from TEMPO 802 to the political action committee, Lesko for Supervisor. Motion made and carried unanimously to donate $100 from TEMPO 802 to the political action committee, Leonard for Brookhaven.

Landolfi requested that Local 802 join the NYC Coalition Against Hunger in co-sponsoring a mayoral candidates forum on poverty, hunger and homelessness. Motion made and carried unanimously to approve the request.

Discussion held on how the union might publicize sound recordings made by Local 802 members under the appropriate union agreement in Allegro and on the 802 Web site.

Blumenthal requested approval to promulgate the amended terms of Local 802’s collective bargaining agreement with American Ballet Theatre as the Local 802 Single Engagement Opera and Ballet scales. Motion made and carried unanimously to approve the request.

Blumenthal presented a request from the Orpheus Chamber Orchestra for a sideletter agreement covering Development Chamber Music Performances produced for fundraising and promotional purposes. Discussion held.

Blumenthal reported on Local 802’s January through June 2009 financial reports. Discussion held.

Dennison requested a $100 donation to Tenants PAC to support their efforts to enact rent reform legislation in the New York State legislature. Motion made and carried unanimously to approve the request.

Controller Goldman appeared before the Board and presented the July 2009 financials, the January through July 2009 financials and the August 2009 vouchers. Discussion held. Goldman excused.

Principal Theatre representative Donovan appeared before the Board and presented a successor agreement with the Off Broadway producers of “Fantasticks!” Motion made and carried unanimously to approve the agreement. Discussion held on the Off Broadway production of “Altar Boyz.” Donovan excused.

Personnel Director McDonald appeared before the Board to discuss the pending change in the Local 802 sponsored savings plan from a 403 b tax deferred savings plan to a 401 k tax deferred savings plan. (See minutes of August 11, 2009.) Discussion held. McDonald excused.

Blumenthal and Owens excused at 1:30 a.m. Public Relations and Political Action Director Molloy appeared before the Board and requested the endorsement of Peter Vallone Jr. for NY City Council from the 22nd District in Queens. Blumenthal present at 1:35 p.m. Motion made and carried unanimously to approve the endorsement of Peter Vallone Jr.

Motion made and carried unanimously to endorse Robert Jackson for re-election to the NY City Council from the 7th district in northern Manhattan.

Dennison distributed a petition submitted to his office by Local 802 member David Finck. Discussion held.

Meeting adjourned at 1:45 p.m.

TUESDAY, SEPTEMBER 15, 2009

Meeting called to order at 11:15 a.m. Present: Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Burridge, Fein, Giannini, Johansen, Norrell, Roach and Jazz Advisory Committee Liaison Owens. President Landolfi excused for medical reasons. Blumenthal chaired the meeting.

Recording Vice President Dennison distributed the minutes of September 8, 2009. Motion made and carried unanimously to approve the minutes as amended.

Financial Vice President Blumenthal requested purchase of a ticket at a cost of $300 to an event honoring AFTRA National President Roberta Reardon sponsored by the Jewish Labor Committee. Motion made and carried unanimously to approve the request.

Blumenthal requested standard wage increase of 3 percent for 3 staff members. Motion made and carried unanimously to approve the request.

Blumenthal distributed a memorandum of agreement with the NY City Opera covering the opera’s assistant conductors for the period June 1, 2009 through May 31, 2011. Motion made and carried unanimously to approve the agreement subject to ratification by the bargaining unit.

Blumenthal distributed a request from the NY Public Library to utilize the Prologue sequence from a performance of the “West Side Story Suite” performed by the NY City Ballet at a Library sponsored exhibition on the history of Lincoln Center at which no fee was to be charged to the public. Motion made and carried unanimously to approve the request.

Schaffner present at 11:35 a.m. Blumenthal requested payment of a legal bill from Counsel Bruce Simon in the amount of $14,599 for legal services provided the NY Philharmonic Orchestra. Blumenthal pointed out that payment of the bill fell within the terms of the Local 802 Legal Service bylaw. Motion made and carried unanimously to approve payment as requested from the legal services fund.

Dennison distributed copies of 802 Notes that were the subject of a petition submitted by member David Finck. Discussion held.

Rizzo present at 11:40 a.m. Dennison requested a donation of $250 to NY State School Music Association to help fund participation in All-State Music ensembles by students from New York City who may not be able to participate because of school budget cuts. Motion made and carried unanimously to approve the request.

Dennison distributed copies of a decision made by the AFM International Executive Board regarding member David Finck’s assertion that the Local 802 bylaw governing charges against officers was in conflict with AFM bylaws. The IEB ruled that Local 802 bylaws were not in conflict with AFM bylaws.

Dennison requested affirmation of a phone poll approving payment of a filing fee of $3,250 to the American Arbitration Association for the arbitration of charges against officers. The phone poll was approved. Opposed: Burridge. Motion made and carried unanimously to affirm the phone poll.

Dennison requested approval that the same policies in place for the 2003 and 2006 Local 802 election in regard to requests for labels and other mailing privileges be extended to all candidates for the 2009 Local 802 officers election. Motion made and carried unanimously that candidates as per past practice be allowed to request mailing labels for Local 802 members and that candidates be charged 6 cents per label.

Motion made and carried unanimously that candidates as per past practice shall not be given access to digital files of Local 802 membership but may mail literature to the membership through the Local 802 mail house, which provides protection against any outside use of that digital file and that the candidate(s) assume the total cost of any such mailing.

Motion made and carried unanimously that absentee ballot requests may be made from unique email addresses and that mail requests for absentee ballots be accepted if they are postmarked no later than October 15, 2009.

Dennison distributed “Guidelines Concerning Use of Union of Employer Resources During the Union Election” that was prepared by Local 802 Counsel Mars for the 2006 officers’ election. Motion made to reaffirm the policies outlined in the document prepared by Counsel Mars and to make that and all election rules available to officer candidates.

Dennison requested up to $350 for travel and lodging for Public Relations Director Molloy to attend the NYS Arts Summit in Schenectady, New York. Motion made and carried unanimously to approve the request.

Dennison presented a renewed 3 year agreement with the Metropolitan Opera Guild. Motion made and carried unanimously to approve the agreement subject to ratification by the bargaining unit.

Discussion held regarding the rehearsal pianos available for members use in the headquarters building.

Blumenthal distributed a detailed breakdown of the cost of establishing an ADP sponsored 401 (k) tax deferred savings plan. (See minutes of August 4, 2009.) Board member Roach excused at 1:05 p.m. Personnel Director Fran McDonald present. Discussion held. Board member Johansen excused at 1:20 p.m. Motion made and carried unanimously to terminate the Local 802 403 (b) and establish a 401 (k) plan as outlined by the ADP proposal with the monthly per participant fee to be paid by the participant.

Dennison reported on the Justice for Jazz Artists campaign and plans for a press conference and kick-off event.

Meeting adjourned at 1:35 p.m.

TUESDAY, SEPTEMBER 22, 2009

Present: Financial Vice Pres. Blumenthal, Executive Board members: Burridge, Fein, Giannini, Johansen, Norrell, Rizzo, Roach, Schaffner and Jazz Advisory member Owens. President Landolfi and Recording Vice President Dennison excused on union business. Blumenthal chaired the meeting Rizzo recorded the minutes.

Meeting called to order at 11:15 a.m. Assistant to President Lefevre present. Board member Schaffner reported on discussions of the Recording Musicians Committee regarding upcoming AFM negotiations for a new Television & Radio Commercial Announcements Agreement. Discussion held. Motion made and unanimously approved to submit the report of the Recording Musicians Committee to the AFM caucus and the International Executive Board for consideration as part of preparation for the upcoming Television & Radio Commercial Announcements negotiations.

Lefevre reported on the upcoming October 4-6, 2009 Future of Music Coalition Policy Summit in Washington, D.C. Discussion held. Motion made and unanimously approved to send 3 representatives including Public Relations Director Molloy, Assistant to the President Lefevre and a rank and file musician to the Future of Music Coalition Policy Summit at a cost subject to approval by a Board through a phone poll if necessary.

Lefevre reported on plans for a Managed Entertainment Production Center to be built in New York. Motion made and carried unanimously to add Local 802 as a supporter of the Managed Entertainment Production Center, which would create additional recording facilities in New York City.

Schaffner presented a reported on the National Academy of Recording Arts and Sciences (NARAS), aka The Recording Academy.

Lefevre reported on Broadway Impact, a group within the Theatre Community supportive of marriage equality.

Lefevre and Schaffner excused at 12:40 p.m. Motion made and carried unanimously to send 3 participants, Financial Vice President Blumenthal, Assistant to the President Lefevre and Public Relations Director Molloy to Crain’s Future of the Arts in New York City Series Conference scheduled for September 30 at a total cost of $177.

Discussion held on the possible retention of outside counsel to advise Local 802 on issues and concerns related to upcoming officers’ election. Motion made and carried to empower Financial Vice President Blumenthal to question recommended law firms with respect to the 802 election process and to engage the most suitable counsel. Opposed: Burridge

Meeting recessed at 1:20 p.m. Meeting resumed at 1:50 p.m. Present: Blumenthal, Burridge, Fein, Giannini, Johansen, Norrell, Rizzo, Roach.

Blumenthal report on discussions with the New York Philharmonic. Discussion held.

Jazz Advisory Committee Liaison Owens present at 1:55 a.m. Blumenthal reported that the Jewish Labor Council dinner had been postponed and that our prior contribution would be credited for the rescheduled event.

Lefevre appeared before the Board and reported on the controversy surrounding ACORN and their request for support. Discussion held. Lefevre excused.

Concert Department Representative Fisher appeared before the Board and presented an agreement with the American Classical Orchestra. Motion made and carried unanimously to approve the agreement. Fisher excused.

Blumenthal reported that the cost of sending one person to the Future of Music Coalition in Washington D.C. would be $1,300. Lefevre present. Discussion held. Lefevre excused.

Motion made and carried unanimously to reconsider the prior motion to send 3 persons to the Future of Music Coalition Summit in Washington, D.C., Oct. 4-6, 2009. Motion made and carried unanimously to send one person, Public Relations Director Molloy, to the Future of Music Coalition Summit in Washington, D.C., October. 4-6, 2009, and to arrange for a live webcast of the conference at a cost of $199.

Meeting adjourned at 3:00 p.m.

TUESDAY, SEPTEMBER 29, 2009

Meeting called to order at 11:15 a.m. Present: President Landolfi, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Fein, Giannini, Johansen, Norrell, Rizzo, Roach and Schwartz.

Landolfi reported on the status of the union sponsored 401(k) tax deferred savings plan. (See minutes of Aug. 4, 2009.)

Landolfi reported on the status of the Music Performance Fund and distributed the Fund’s most recent financial report.

Landolfi distributed a Letter of Understanding between Local 802 and the NY Philharmonic covering chamber music performances. Motion made and carried unanimously to approve the agreement.

Landolfi reported on the status of discussions with the New York Philharmonic regarding the orchestra’s current financial condition. Discussion held.

Landolfi reported on the status of employment on Broadway.

Landolfi reported on Local 802’s participation in AFM negotiations with the motion picture industry over the terms of new motion picture and television film agreements. Discussion held.

Financial Vice President Blumenthal requested standard 3 percent wage increases for two staff members. Motion made and carried unanimously to approve the request.

Blumenthal requested approval for the expenditure of up to $1,200 for the purchase of equipment needed to make wireless internet available in all of the meetings rooms at Local 802 including the Club Room on the first floor. Discussion held. Motion made and carried unanimously to approve the request.

Blumenthal requested approval for the continued employment of a computer department employee on a part time basis. Motion made and carried unanimously to approve the request.

Blumenthal reported that Attorney Susan Jennik was to be retained to handle on an hourly basis any questions or issues that should arise during and as a result of the upcoming Local 802 officers’ election.

Blumenthal reported on discussions with the management of a freelance orchestra regarding their current financial condition. Discussion held.

Blumenthal reported on discussions with a recommended advisor for the unions 401 (k) tax deferred savings plan.

Dennison presented an agreement with the American Arbitration Association for their administration of the 2009 Local 802 officers’ election. Motion made and carried unanimously to approve the agreement.

Dennison distributed the minutes the minutes from the September 22, 2009 Coordinating Advisory Committee (CAC) meeting. Motion made and carried unanimously to concur with the CAC approved expenditure of up to $1,800 for food and beverages associated with the “Meet and Greet” event sponsored by Local 802 in connection with the New York Musical Theatre Festival. Motion made and carried unanimously to concur with the CAC approved reimbursement of expenses for members Ken Mirkin, $1,064.41, Anthony Scelba, $26.54, Ethan Silverman, $898.86, and Marvin Topolsky, $862.68 incurred for their participation in the 2009 ICSOM and ROPA conferences. Motion made and carried unanimously to concur with the CAC approved expenditure of $1,875 for the participation of 5 members in an organizing skills workshop conducted by Cornell University’s School of Industrial and Labor Relations.

Recording Vice President Dennison distributed the Board minutes of September 15, 2009. Motion made and carried unanimously to approve the minutes as amended. Recording Vice President Dennison distributed the Board minutes of September 22, 2009. Motion made and carried unanimously to approve the minutes as amended.

Meeting adjourned at 1:35 p.m.