Allegro

Executive Board Minutes

January 5, 2010 - February 2, 2010

Volume CX, No. 3March, 2010

TUESDAY, JANUARY 5, 2010

Meeting called to order at 11:04 AM. Present: President Gagliardi, Recording Vice President O’Connor, Financial Vice President Blumenthal, Executive Board members Babich, Burridge, Dougherty, Hyde, Olcott, Roach, Schwartz, Sharman.

Recording Vice President O’Connor distributed minutes of December 22, 2009. It was moved and seconded to approve the minutes as amended. Motion carried.

President Gagliardi distributed bills from Cohen, Weiss and Simon, as well as from Schwarzwald, McNair and Fusco.

Gagliardi distributed the Swearing In Ceremony agenda.

Gagliardi reported that the Honolulu Symphony filed for bankruptcy and locked out musicians. It was moved and seconded that Local 802 make a $1,000 contribution from the Local 802 Strike Fund to the Honolulu Symphony Musicians Fund. Motion carried unanimously.

Gagliardi reported on a request by Allegro Editor Mikael Elsila for Executive Board members to contribute to a series of articles in Allegro called Views from the Board.

Gagliardi asked Burridge, Dougherty and Roach to serve on Local 802’s Finance Oversight Committee. Burridge and Blumenthal explained the function of the committee.

Gagliardi reported that General Counsel has resigned. Other firms are being considered.

Gagliardi reported that Jim Conigliaro of the International Association of Machinists and Aerospace Workers requested to have rebuttal to D’Addario letter in January Allegro. It was moved and seconded that International Association of Machinists be allowed space equal to the D’Addario letter for a rebuttal. Motion carried unanimously.

Gagliardi reported on the outstanding settlement of promotional payments under the Industrial Media Agreement for “Shrek.”

Gagliardi requested the rescheduling of next week’s Executive Board meeting for Thursday, January 14 because of a conflict with a scheduled American Federation of Musicians-Employers Pension Fund meeting in Las Vegas.

Financial Vice President Blumenthal distributed various policy documents to Executive Board members.

It was moved and seconded that the Executive Board affirm the previous Executive Board’s phone poll decision to grant a request to pay public service rates and waive the temperature clause for the Queens Symphony collective bargaining agreement for musicians playing at the mayoral inauguration. Motion carried. Babich opposed. Olcott was excused at 12:04 p.m. and returned during the discussion of the above at 12:08 p.m.

It was moved and seconded that Local 802 pay the participant health insurance premium up to $405 for the first quarter of 2010 for an employee who left employment at Local 802. Motion carried unanimously.

Blumenthal requested the purchase of a half-page ad for $250 in the Annual Theatre Hall of Fame program. It was moved and seconded to grant the request. Motion carried unanimously.

It was moved and seconded that membership meetings be set for June 16 and October 13, 2010. Motion carried unanimously.

Recording Vice President O’Connor gave a report on some organizing goals for the Union.

Gagliardi distributed a letter from the law firm of Levy Ratner, P.C. to Phil Ayling, President of RMA.

Meeting adjourned at 12:53 PM.


THURSDAY, JANUARY 14, 2010

Meeting called to order at 11:12 AM. Present: President Gagliardi, Recording Vice President O’Connor, Financial Vice President Blumenthal, Executive Board members Babich, Dougherty, Hyde, Kruvand, Olcott, Roach, Schwartz.

Recording Vice President O’Connor distributed minutes of January 5, 2010. It was moved and seconded to table the minutes until next meeting. Motion carried.

Controller Goldman present to a financial overview of the union, comparing 2009 with 2008. Discussion held. Goldman excused.

Recording Vice President O’Connor presented a proposal for Clubroom rental increases. Executive Board requested more research and to revisit this subject at another time.

Goldman present to distribute to the Executive Board a general funds checks list. Discussion held. Goldman excused.

Chief Information Officer Alayo and Consultant Cronin present to report on computer system progress. Materials were distributed to the Executive Board. Discussion held. Alayo and Cronin excused.

Juliet Haffner and Roger Blanc present to report on upcoming TV Videotape Agreement discussions. Discussion. Haffner and Blanc excused.

Executive Board adjourned for lunch at 1:45 pm. Executive Board reconvened at 2:40 pm.

President Gagliardi reported on the American Federation of Musicians-Employers Pension Fund (AFM-EPF) meeting that took place in Las Vegas on January 12. Executive Board Member Babich excused at 3:01 pm.

Gagliardi reported on the New Years Eve airing of a recording from “Hair” cast album on the “Carson Daly Show.”

Gagliardi reported on a settlement for payment to musicians in “Shrek: The Musical,” and outstanding payments to musicians in “Finian’s Rainbow.”

Financial Vice President Blumenthal distributed Local 802 financial policies for Board review.

Executive Board Member Olcott distributed a letter of disclosure to the Board regarding his occasional employment as a lawyer working for Local 802 Counsel Harvey Mars on matters unrelated to Local 802. Olcott excused for discussion at 3:38 pm. Discussion held. Olcott returned at 3:40 pm.

Meeting adjourned at 3:42 pm.


TUESDAY, JANUARY 26, 2010

Meeting called to order at 11:10 AM. Present: President Gagliardi, Recording Vice President O’Connor, Financial Vice President Blumenthal, Executive Board members Burridge, Dougherty, Hyde, Kruvand, Olcott, Roach, Sharman, Schwartz, Assistant to the President Donovan.

Recording Vice President O’Connor distributed minutes of January 5, 2010. It was moved and seconded to approve the January 5 minutes as corrected. Motion carried unanimously.

Recording Vice President O’Connor distributed minutes of January 14, 2010. Motion was made and seconded to approve the January 14 minutes as corrected. Motion carried unanimously.

Theatre Department Representative Claudia Copeland present. Copeland distributed a copy of the AMAS agreement for “Signs of Life: A Tale of Terezin.” Motion was made and seconded to approve the agreement. Motion carried unanimously.

President Gagliardi reported on the January 25 bargaining unit meeting of the Metropolitan Opera.

Jazz Representative Todd Weeks present. Weeks presented a proposal for Local 802 attendance at the Jazz Education Network Conference in St. Louis in May. A motion was made and seconded that we spend up to $3, 450 toward participation in this conference payable. Payment will be made from the public relations funds with a request for reimbursement from the CAC. Motion carried unanimously. Weeks excused.

Concerts Representative Karen Fisher present with a request from the New York City Gay Men’s Chorus (NYCGMC) to perform a piece written for live music with taped music for a portion of an upcoming production. Dr. Charles Beale, NYCGMC producer and Contractor Dan Gross present. Presentation was made by Dr. Beale. Beale and Gross excused. Executive Board member Babich present at 12:44. Discussion held. No action taken. Fisher excused.

Arthur Schwartz and Dan Bright from Schwartz, Lichten and Bright, PC present. Schwartz and Bright presented a proposal for work as General Counsel. Schwartz and Bright excused.

2:20 Board recessed. 2:34 Board reconvenes.

Kingsley Wood, Chair of the Metropolitan Opera Orchestra Committee present to discuss the history of a proposed contract reopener with the Metropolitan Opera in which legal services from Schwarzwald, McNair and Fusco, LLP were employed. Wood excused. Discussion held. Motion made and seconded that Local 802 approve the expenditure for legal services pertaining to a proposed contract reopener with the Metropolitan Opera in the amount of $22,895 from the General Fund.

3:30 Board recessed for lunch. 3:54 Board reconvened.

President Gagliardi appointed a committee of Olcott and Burridge to review and make recommendations regarding the Local 802 bylaw dealing with charges against officers. 4 p.m. Babich excused.

Gagliaridi appointed Carline Ray to act as the jazz liaison to the Board.

Gagliardi distributed the Theatre League/Local 802 Actor/Musician settlement agreement.

Gagliardi reported on a request from Actor’s Equity for consent for non-broadcast use of captured material. Request will be referred to the Theatre Committee.

Gagliardi reported that the New York City Ballet Rehearsal pianists are requesting to bargain with their employer.

Gagliardi distributed copies of a proposed compensatory time policy for supervisory staff. Discussion held. Gagliardi agreed to revisit after consultation with the other officers.

Financial Vice President Blumenthal proposed that three board members become authorized signatories for Local 802 checks. A motion was made and seconded that Board members Burridge, Dougherty and Roach be authorized to sign checks whenever two officers are not available. Motion carried unanimously.

It was moved and seconded that Local 802 pay $5,200 to KMR for installation of a web based server for Local 802’s computer network system. Motion carried unanimously.

Fisher present. An agreement between Local 802 and the Center for Contemporary Opera was distributed. 4:49 Hyde excused. A motion was made and seconded to approve this agreement. Motion carried.

Meeting adjourned at 5:01 p.m.


TUESDAY, FEBRUARY 2, 2010

Meeting called to order at 11:12 AM. Present: President Gagliardi, Recording Vice President O’Connor, Financial Vice President Blumenthal, Executive Board members Burridge, Dougherty, Hyde, Kruvand, Olcott, Roach, Schwartz, Sharman, Assistant to the President Donovan.

President Gagliardi appointed Carline Ray as the jazz liaison to the Executive Board.

Recording Vice President O’Connor distributed minutes of January 5, 2010. It was moved and seconded that the term “corrected” be used instead of “amended” in reference to the Executive Board’s adjustments to the minutes. Motion carried unanimously. Jazz Advisory Committee Liaison Ray present. It was moved and seconded to approve the January 26 minutes as corrected. Motion carried unanimously.

Cynthia Lachnicht and Keith Dressel, investment advisors from Morgan Stanley Smith Barney present. Lachnicht and Dressel distributed Investment Policy Statements for Local 802’s general fund and other materials regarding Local 802’s funds management. Discussion held. Lochnict and Pressel excused.

Chris Nassan, 401K investment advisor from UBS and Fran McDonald present. Nassan gave a presentation on the 401k options offered by Local 802 to its employees. Discussion held. 12:47 Executive Board member Babich present. Nassar excused.

12:47 Executive Board recessed for lunch. 2:11 Executive Board reconvened.

Concert Representative Fisher present. Discussion held on New York City Gay Men’s Chorus (NYCGMC) request (see minutes from 1/26/10). It was moved and seconded that President Gagliardi appoint a committee to meet with the NYCGMC to attempt to find a workable alternative to their request. Motion carried. Roach opposed. Gagliardi appointed Hyde, Kruvand and Schwartz to the committee.

Fisher reported that a touring production of “Porgy and Bess” is coming to the Tillis Center for which there is no union contract. Discussion held. 3:02 Roach excused.

Jazz Representatives Cranshaw and Weeks present. Recording Vice President O’Connor gave a report on organizing plans with regard to contributions to the pension plan on behalf of musicians who play in jazz clubs. Discussion held. Cranshaw and Weeks excused.

3:44 Dougherty excused. O’Connor announced plans for the position of Director of Organizing. Discussion held. 4:00 Babich excused. 4:12 Olcott excused.

Political and Public Relations Director Molloy present. Molloy presented a proposal for a trip to Albany for the Arts Day in conjunction with NYS Arts on February 24. It was moved and seconded that Local 802 authorize up to $2,195 for the Albany trip. Motion carried unanimously. Molloy excused.

Chief Information Officer Alayo present. Alayo distributed costs for encryption software and setup to comply with HIPAA regulations for Web site access by members seeking information on Health Benefits as well as software and setup costs for a system to track recording checks. Discussion held. Alayo excused. It was moved and seconded that Local 802 authorize up to $15,930 to implement encryption software. Motion carried unanimously. No action taken on implementation of recording check tracking software.

Financial Vice President Blumenthal presented a proposal from Local 802 Counsel Harvey Mars for a retainer agreement per month from January 1, 2010 to September 30, 2013. It was moved and seconded to accept Mars retainer agreement. Motion carried unanimously.

It was moved and seconded that a salary adjustment be made for an employee being promoted to the position of Executive Secretary to the President. Motion carried unanimously.

It was moved and seconded that a salary adjustment be made for an employee being promoted to the position of Assistant to the President. Motion carried unanimously.

Meeting adjourned at 5:28.