Executive Board Minutes
January 30, 2001 -- February 26, 2001
Volume CI, No. 4April, 2001
TUESDAY, JANUARY 30, 2001
Meeting called to order at 11:20 a.m. Present: President Moriarity, 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.
Discussion held on the League of American Theatres & Producers agreement and Local 802 bylaws regarding leave of absence for a limited engagement. Board member Weiss present at 11:40 a.m. during the previous discussion.
Jan. 16 minutes unanimously approved as amended.
Local 802 had received information that the limited engagement status of the Broadway production of Follies may have been changed to an unlimited run. Assistant Director Lennon was directed to investigate the matter (see Jan. 16 minutes) and report back.
Price reported that, as of Feb. 1, members’ life insurance will be handled by Janet White, president of Insure America Agency, as broker, and underwritten by Highmark Life Insurance Company. Discussion held.
President Moriarity reported that the producers’ request for special situations status for the new musical Tom Sawyer had been denied by the panel.
Moriarity reported on various items as follows: Metropolitan Opera Extra Musicians and musical staff negotiations are upcoming; NYC Opera began negotiations in the previous week; NYC Ballet Orchestra received the second draft of their contract; Single Engagement Club Date negotiations were to begin on Feb. 5. He also reported that a revival of the musical Forty-Second Street will open at the Ford Center theatre with 18 musicians. The original orchestra for the last production was 26 musicians, and the Local 802-Livent (SFX) agreement for the Ford Center requires a minimum of 24 musicians. The Theatre Department will look into this matter. (See Jan. 2 minutes.)
Director of New Organizing Dubnau and Assistant Supervisor of National Contracts Schaffner appeared before the board to report on the recent AFM meeting in Los Angeles on nonunion film scoring. Dubnau and Schaffner, along with Assistant to the President Dennison and Recording Vice-President Price, who also attended, reported on the meeting. After the report Schaffner notified the board of various upcoming AFM national contract negotiations.
Weiss excused at 12:45 p.m. during the previous presentation.
Dubnau apprised the board of an area standards campaign involving the Ken James Orchestra, a nonunion club date employer. Leafleting will take place on Feb. 1, at the Ken James office in Great Neck in the afternoon and again that evening at the Crest Hollow Country Club, where the orchestra is performing for the Equitable Insurance Co. He asked the board to give consideration to strike payment for the orchestra in the event that the evening job action results in loss of wages for any orchestra members. Discussion held. Dubnau was asked to report back to the board.
Meeting recessed at 1:30 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.
Member Howard Harris, chair of the Goldman Memorial Band committee, and Laurie Marks-Law, director of development for GMB, appeared before the board in connection with a possible grant from the CAC to fund a GMB newsletter. The CAC had granted up to $4,000 contingent on the Executive Board providing a matching amount. Discussion held.
Harris and Marks-Law excused while the board deliberated on the merits of the request. Lacking a motion to concur with the CAC, the request was denied. When the two returned Moriarity explained that the board had denied the request because it was decided that this was an inappropriate use of General Fund money. The Executive Board suggested that the GMB board of directors or management assume the financial responsibility for a newsletter. Harris and Marks-Law excused.
Joan Jeffri, Director of the Research Center for Arts and Culture of Columbia University Teachers College, appeared before the board to apprise the board of the study of jazz musicians commissioned by the National Endowment for the Arts (NEA). She described the Center’s role in conducting this study of jazz musicians in San Francisco, Kansas City, New Orleans and New York. She requested that Local 802 contribute $10,000 toward the cost of the study. After questions from the board Jeffri was thanked and excused. Discussion held on the proposed study and the NEA. It was decided to schedule a further discussion for next Tuesday to consider the request.
Crow excused at 3:45 p.m.
Senior Business Rep Donovan appeared before the board with a renewal agreement with Love Lemmings, Co., LP, c/o Nancy Gibbs, for the production of I Love You, You’re Perfect, Now Change at the Westside Arts Theatre. Discussion held. Motion made and carried to approve. Opposed: Rohdin.
Dennison submitted a request from Don Frantz, General Manager of A Class Act, for permission to videotape Lonny Price as director/actor/co-author of A Class Act, to afford him an opportunity to view videotapes of his performances with the cast during upcoming rehearsals and previews. These tapes will provide Price with information on his performance in the leading role. The request contained many provisos to prevent misuse of the tape, such as union notification of the taping, no copies of the tape to be made, no commercial or noncommercial use of the tape, and all tapes to be given to Actors’ Equity by opening night. In the event of any breach of the agreement, 200 percent of the applicable AFM wage scale and benefits will be paid to the musicians. Discussion held. Motion made and carried unanimously to approve, subject to the provision of protection in the Actors’ Equity agreement.
Price reported to the board that he had granted the following leaves of absence:
- Katherine Canfield, from the Broadway production Les Misérables, from March 1-April 11, for personal reasons.
- Jacqueline Giat, from the Broadway production Les Misérables, from Jan. 15-Feb. 25, for personal reasons.
- Anthony Cecere, from the Broadway production Beauty and the Beast, from Feb. 7-12, to perform with the New Jersey Symphony, with the proviso that he not substitute in Beauty and the Beast during that period.
Meeting adjourned at 4:15 p.m.
TUESDAY, FEBRUARY 13, 2001
Meeting called to order at 11:20 a.m. Present: President Moriarity, Recording Vice-President Price, Financial Vice-President Hafemeister, Executive Board members Blumenthal, Crow, Gale, Giannini, Landolfi, Rohdin, Shankin and Weiss, Controller Bogert, Assistant Director Lennon, Jazz Advisory Committee Liaison Owens.
Jan. 30 minutes unanimously approved as amended.
Assistant to the President Dennison present at 11:55 a.m.
President Moriarity reported that negotiations for a new single engagement club date contract had begun the previous week.
Moriarity reported that strike benefits paid by the AFM to strikers in the ongoing theatre strike in Miami had included Local 802’s share, for which the AFM is requesting reimbursement.
Former Executive Board member Rosen present at the Executive Board at Moriarity’s invitation to witness the board’s approval of the NYC Ballet agreement, from which the St. Louis clause had been deleted. Motion made and carried unanimously to approve the contract.
Moriarity distributed a copy of a letter to a member from AFM Director of Symphonic Services Nelson providing information about the AFM Objection Procedure. This is a procedure that can be used when a musician working under an AFM collective bargaining agreement objects to being a member of the Federation.
Moriarity notified the board that the International Ballet of Stars, which will give one performance at the NY State Theatre on Feb. 19, will use recorded music. Discussion held on organizing informational leafleting regarding the use of tapes, instead of a live orchestra, for the performance.
Jazz Advisory Committee Liaison Owens reported on the meeting with Joan Jeffri during which he voiced the board’s concerns regarding the RCAC research project on jazz musicians. (See minutes of Jan. 16 and 30 and Feb. 6.)
Moriarity distributed a letter from the League of American Theatres and Producers, Inc. with reference to new terms and conditions for the WWOR Channel 9 News special opening night program about the show The Producers. This will be a two-hour documentary-style news program which will combine taped portions with live coverage about the production’s creation and its opening night. Under the proposal, members of the cast, crew and orchestra would each be paid $350 for the television show. Local 802 was asked to agree to the terms and conditions. Motion made and carried unanimously to accept the agreement as outlined.
Assistant Director Lennon and Assistant to the President Dennison reported on further investigation of the limited engagement status of the Broadway production of Follies, per the Board’s request. It had been confirmed that the show is presently scheduled to run through Sept. 9, 2001, which still falls within the parameters of a limited engagement.
Lennon reported that a letter was issued to the Queens Symphony Orchestra, per the Board’s request, expressing concern over the QSO’s noncompliance with the submission of tapes. Upon receipt of the letter, QSO contacted Lennon and agreed to comply with its obligation to submit all outstanding tapes no later than Feb. 20.
Lennon reported that the touring agreement between Local 802 and the Riverside Symphony Orchestra, covering the upcoming domestic tour in March, had been overwhelmingly ratified by the orchestra musicians: 18 in favor, one against.
Lennon informed the Board that Local 802 had hired Eric Odier-Fink as Broadway and Concert Business Representative, effective Feb. 14.
Dennison reported on the taping of a rehearsal of an orchestra that will play a concert at Lincoln Center with Jazz at Lincoln Center without union approval. He met with representatives of management and after discussion obtained a tentative agreement for an archival recording.
Several musicians who perform in theatre orchestras appeared before the board to express their ongoing concern about the dangers of smoke and fog conditions in the theatres where they work. In addition to their testimony regarding these conditions, they submitted written statements from other players in their orchestras that related the ailments suffered from working in this environment. They asked the board to intensify its efforts to pressure theatre owners, producers and also stage designers to find an acceptable alternative for the smoke and fog effects, and urged the board to voice members’ ongoing health concerns as a result of working under these conditions. Lennon then reviewed the activity to install an air curtain to try to alleviate the condition which still exists. Discussion held.
Meeting recessed at 1:30 p.m.
Meeting resumed at 2:30 p.m.
Present: Moriarity, Price, Hafemeister, Blumenthal, Crow, Gale, Giannini, Landolfi, Rohdin, Shankin, Weiss.
An executive session was held by the board to discuss Strategic Planning.
Motion made and carried unanimously to approve a 3.5 percent salary adjustment for a supervisor.
Meeting recessed for the board and officers to attend a regularly scheduled membership meeting in the Club Room. A short informal discussion took place but, due to the lack of a quorum, the meeting was adjourned.
The Executive Board meeting resumed with Bogert, Dennison, Owens and Lennon also present.
Office Manager Jaffe appeared before the board to present a proposal from AT&T for telephone service. Discussion held. He was directed to contact real estate consultant Brian Weld for a recommendation for a communications consultant and to check with the Communications Workers of America for any possible alternatives.
Jaffe reported to the board on the non-renewal of the staff Blue Cross hospitalization contract (see Feb. 6 minutes). He indicated that Blue Cross will be able to write an experience-rated contract for Local 802 at higher community rates, which he submitted to the board. Discussion held, during which it was suggested that a GHI affiliation also be explored.
Crow excused at 4:00 p.m. Jaffe excused.
Senior Organizer Elsila appeared before the board with an agreement with Ensemble Sospeso. Motion made and carried unanimously to approve. Elsila excused.
Moriarity reported to the board on ongoing negotiations that the Metropolitan Opera Orchestra is conducting to research the possible affiliation with the AFM pension plan. He also reported that the Metropolitan extra musicians will be negotiating a new agreement and will be using legal counsel Philip Sipser as their lead negotiator. Sipser has submitted a request for his fee to be paid in installments.
Motion made and carried unanimously to appoint Hafemeister as a trustee to the Theatre Sick Pay Fund.
Meeting adjourned at 4:30 p.m.
TUESDAY, FEBRUARY 26, 2001
Meeting called to order at 11:20 a.m. Present: President Moriarity, Recording Vice-President Price, Financial Vice-President Hafemeister, Executive Board members Crow, Gale, Giannini, Landolfi, Reynolds, Rohdin, Shankin and Weiss, Assistant to the President Dennison, Assistant Director Lennon, Jazz Advisory Committee Liaison Owens.
Director of New Organizing Dubnau present to participate in a discussion of the National Endowment for the Arts study of jazz musicians and the request that Local 802 participate in its funding from the Research Center for Arts and Culture of Columbia University’s Teachers College. (See Jan. 30 minutes.) Before that discussion Jazz Advisory Committee Liaison Owens reported on a panel discussion of the Ken Burns show on the history of jazz recently presented on the Public Broadcasting System. In the discussion of the study, it was noted that the NEA had made $187,000 available toward a total budget of $300,000. Local 802 was asked to contribute $10,000. It was suggested that the AFM be asked to contribute $2,000 and the CAC $4,000 of the $10,000 total. Motion made and carried unanimously to approve the request for funding in the amount of $10,000, and that the CAC and AFM be asked to participate to the extent outlined above.
Financial Vice-President Hafemeister reported that the next Strategic Planning session would take place on March 2.
Assistant Director Lennon reported on a telephone poll of Board members that accepted the Concert Department’s and the rank-and-file committee’s recommendation in granting the following three requests from the Queens Symphony Orchestra:
- Permission to allow students from the Brooklyn-Queens Conservatory to perform in the lobby during the intermission of the Feb. 13 MPTF Duke Ellington concert.
- Permission to broadcast a 30-second Public Service Announcement on QBTV from pre-existing footage previously approved by the Executive Board, provided that all raw tapes be submitted to the union per the Board’s Jan. 16 request and the original agreement of Feb. 25, 1998. QSO shall remain responsible for any misuse of the videotape and shall pay 200 percent of applicable AFM wage scales and benefits to musicians affected in the event of any misuse.
- Permission to videotape one performance of the MPTF Ellington Young People’s Concert on Feb. 13, for grant purposes only, provided that no piece or movement may be recorded in its entirety, the union must receive all raw tapes, and a two-thirds majority of the performing musicians must vote, by secret ballot, to approve this agreement. QSO shall be responsible for any misuse of the videotape and shall pay 200 percent of applicable AFM wage scales and benefits to musicians affected in the event of any misuse of the tapes.
Motion made and carried unanimously to affirm.
The board directed Lennon to communicate the board’s dissatisfaction with the QSO’s lack of compliance with mutually agreed-upon procedures, and to convey the likely consequences resulting from any future non-compliance.
Office Manager Jaffe appeared before the board to report on the non-renewal of Empire Blue Cross hospitalization coverage for union officers and staff. Under NY State regulations and the terms of the small group contract, Local 802 is no longer eligible for this coverage because the size of our group exceeds 50 people, the maximum number allowed under such a policy. After discussion Jaffe was directed to seek other possibilities for hospital coverage and to report back to the board.
Board member Blumenthal present at 12:10 p.m. during the previous report. Jaffe excused.
President Moriarity informed the board that, at the invitation of member Ray Mase, he had met with a class at Juilliard to discuss membership and provide general information about the union.
Moriarity reported on a meeting held with Joseph Polisi, president of the Juilliard School, to discuss issues of mutual concern.
Moriarity reported on a negotiation regarding the AFM strike against SFX in South Florida, hosted by Executive Director of Actors’ Equity Alan Eisenberg. At the negotiations Eisenberg had been asked by the AFM to obtain permission from his board to have the actors honor the strike and not cross the picket line.
Meeting recessed at 1:10 p.m.
Meeting resumed at 2:15 p.m.
Present: Moriarity, Price, Hafemeister, Blumenthal, Landolfi, Reynolds, Rohdin, Shankin, Weiss, Dennison, Lennon, Owens.
Member Martin Stoner appeared before the board to discuss clarification of the audition procedure at the NYC Ballet. He reviewed several aspects of earlier contracts with respect to the audition procedure. Stoner excused.
Owens excused at 3:42 p.m.
Jan. 23 minutes unanimously approved as amended.
Assistant to the President Dennison submitted an agreement with the management of A Class Act for videotaping several performances for the actor/director Lonny Price, for the purpose of reviewing his performance in the show. This agreement contains additional safeguards to prevent misuse of the tape. (See Jan. 30 minutes.) Motion made and carried unanimously to approve.
Board member Blumenthal reported to the board on the conclusion of negotiations for a new AFM Audio-Visual agreement for symphony, opera and ballet orchestras.
Moriarity noted that no American orchestra had received a Grammy nomination in the music category but that the New Jersey Symphony had received a “best engineering” nomination in the Symphonic category.
The National Association of Recording Arts and Sciences (NARAS) requested permission to solicit Local 802 members in New York, New Jersey and Connecticut for a special offer for membership in the Recording Academy. Discussion held. Motion made and carried unanimously to approve, with the proviso that Local 802 approve the content of the mailing and that NARAS use the union’s mailing house.
Price reported to the board that he had granted the following leaves of absence:
- Kathleen Foster, from the Broadway production Les Misérables, from Jan. 10-27, for personal reasons.
- Samuel Kephart, from the Broadway production Les Misérables, from Jan. 10-23, to perform with the Roanoke Symphony and for personal reasons.
- Jeffrey Carney, from the Broadway production Beauty and the Beast, from Dec. 30, 2000-Jan. 6, 2001, for personal reasons.
- Seth Farber, from the Broadway production Fosse, from Jan. 29-Feb. 11, to perform out of town.
- Katherine Canfield, from the Broadway production Les Misérables, from Feb. 8-14, for personal reasons.
- Richard L. Clark, from the Broadway production The Music Man, from Jan. 30-Feb. 11, to perform out of town.
- John Dent, from the Broadway production The Music Man, from Feb. 1-8, to perform on tour.
- Heidi Stubner, from the Broadway production Annie Get Your Gun, from Feb. 18-25, for personal reasons.
- Clinton de Ganon, from the Broadway production The Rocky Horror Show, from Feb. 1-7 and from Feb. 15-17, to perform out of town.
- Kurt Coble, from the Broadway production The Phantom of the Opera, from Jan. 29-March 4, to work on personal projects.
Meeting adjourned at 4:00 p.m.