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Executive Board Minutes

April 18, 2017 - June 13, 2017

Volume 117, No. 11November, 2017

NOTE: The Executive Board did not meet on May 23, 2017.

TUESDAY, APRIL 18, 2017

Meeting called to order at 11:08 a.m. by Financial Vice President Olcott. Present: Executive Board members Brandford, Burridge, Cutler, Dougherty, Hyde, Suttmann, Assistant to the President Bond. President Gagliardi absent. Cutler took the minutes. Minutes from April 11, 2017 reviewed. It was moved and seconded to approve the minutes from April 11, 2017 as corrected. Discussion held. Motion carried unanimously.

Financial Vice President Olcott reported that a member had requested a waiver of certain terms of the Limited Pressing Agreement for a recording project. Discussion held. President Gagliardi present at 11:20. Recording Vice President Schwartz present at 11:23 and took the minutes. Gagliardi reported on a disciplinary meeting held between Local 802 and Nederlander Organization and Disney Theatrical Group. Discussion held. Gagliardi reported on matters pertaining to New York Philharmonic. Discussion held. Gagliardi reported on a meeting with Julie Menin, Commissioner, NYC Mayor’s Office of Media and Entertainment. Discussion held. Gagliardi reported on the status of appointments to fill vacant seats on the Executive Board. Discussion held.

Recording Vice President Schwartz reported on his presentation before the Finance Committee of New York City Council to request discretionary funding for the Jazz Mentors series. Discussion held.

Member Jessica Phillips present. Phillips reviewed her professional experience and responded to questions from the Executive Board regarding a potential appointment to fill a vacant seat on the board. Phillips excused. Discussion held. Executive Board member Brandford excused at 12:05.

Schwartz presented a request from a member for a leave of absence from a Broadway show. It was moved and seconded to approve the leave of absence. Discussion held. Motion carried unanimously.

Controller Camiolo present. Camiolo presented the financial report for January 2017. Discussion held. Camiolo excused.

Schwartz presented an invitation to attend the 2017 Clearwater Great Hudson River Revival festival. It was moved and seconded to purchase two patron tickets to the festival for $300, such funding to come from the public relations budget. Discussion held. Motion carried unanimously.

Gagliardi requested approval to pay an invoice from Miguel Santana in the amount of $400 for the videotape recording of the AFM-EPF panel discussion at the Local 802 membership meeting of February 22, 2017. It was moved and seconded to approve for payment the invoice from Miguel Santana. Discussion held. Motion carried unanimously.

Assistant to the President Bond excused. Gagliardi called the meeting into executive session at 12:25. Executive session exited at 12:52.

Local 802 Referral Service Coordinator Ferrara present. Ferrara presented an agreement between Local 802 and Times Square Alliance for Broadway Buskers initiative. Ferrara excused. It was moved and seconded to approve the agreement for Broadway Buskers. Discussion held. Motion carried unanimously.

Political and Communications Director Carroll present. Carroll reviewed the appearances before the board of candidates for City Council on April 11, 2017. It was moved and seconded to endorse the candidacy of Carlina Rivera for City Council from District 2. Discussion held. Motion carried unanimously.

Carroll reported on the status of H.R. 1695, the Register of Copyrights Selection and Accountability Act. Discussion held. Carroll excused.

Executive Board member Burridge excused at 1:35. Concert Department Business Rep Friedman and Local 802 Counsel Mars present. Friedman and Mars presented a Memorandum of Agreement between Local 802 and Midori & Friends. Discussion held. Friedman and Mars excused. Meeting adjourned at 1:55 p.m.


TUESDAY, APRIL 25, 2017

Meeting called to order at 11:15 a.m. by President Gagliardi. Present: Financial Vice President Olcott, Recording Vice President Schwartz, Executive Board members Brandford, Burridge, Cutler, Dougherty, Hyde, Suttmann, Sharman. Minutes from April 18, 2017 reviewed. It was moved and seconded to approve the minutes from April 18, 2017 as corrected. Discussion held. Motion carried unanimously.

President Gagliardi announced that he would be meeting with the Local 802 Broadway Theatre Committee on April 26, 2017 to discuss matters pertaining to AFM-EPF. Discussion held. Gagliardi reported on his meeting with New York City Controller Scott Stringer on April 24, 2017. Discussion held. Gagliardi reported on an issue with New York Philharmonic. Discussion held. Gagliardi reported on his attendance at the Local 802 supervisors meeting on April 24, 2017. Gagliardi reported on the proposed video recording by Broadway HD of the Off Broadway production of Cagney. Discussion held. Gagliardi reported that The Fantasticks will close on June 4, 2017. Discussion held. Gagliardi reported on his participation at the AFM Eastern Conference held in Norristown, PA, April 19-23, 2017. Discussion held.

Financial Vice President Olcott reported that Local 802 was nearing an agreement with Stamford Symphony. Discussion held. Olcott reported that Local 802 has reached a tentative agreement with Mostly Mozart Festival. Discussion held. Executive Board member Brandford excused at 12:30 p.m.

Recording Vice President Schwartz reported on an HVAC maintenance proposal from Divergent LLC. Discussion held. Schwartz presented a request from a member for a leave of absence from a Broadway show. It was moved and seconded to approve the request for a leave of absence, pending submission of a list of substitutes. Discussion held. Motion carried unanimously.

Principle Business Rep Weeks present. Executive Board member Hyde excused at 12:40 pm. Weeks presented a Collective Bargaining Agreement (CBA) between Local 802 and MLEONHART LLC. Weeks presented a CBA between Local 802 and Perla.Org LLC. Weeks presented a CBA between Local 802 and Regina Violin LLC. Weeks excused. It was moved and seconded to approve the CBA with Perla.Org LLC. Discussion held. Motion carried unanimously. The Executive Board requested an adjustment to employer contribution rates for health benefits for the agreements with MLEONHART LLC and Regina Violin LLC.

Political and Communications Director Carroll present. Carroll reported on the candidacy of Marti Speranza and Keith Powers for City Council, District 4. It was moved and seconded to endorse Keith Powers for City Council, District 4. Discussion held. Motion carried unanimously. Carroll excused. Meeting adjourned at 1:08 p.m.


TUESDAY, MAY 9, 2017

Meeting called to order at 11:09 a.m. by Financial Vice President Olcott. Present: Recording Vice President Schwartz, Executive Board members Brandford, Burridge, Cutler, Dougherty, Hyde, Suttmann, Sharman, Assistant to the President Bond. President Gagliardi absent on union business. Minutes from April 25, 2017 reviewed. It was moved and seconded to approve the minutes from April 25, 2017 as corrected. Discussion held. Motion carried unanimously. Recording Vice President Schwartz reported on the condition of the union hall’s HVAC system following an examination of the second floor equipment by Divergent LLC. Discussion held. President Gagliardi present by conference call at 11:27. Gagliardi reported on the Keep Our Pension Promises Act (KOPPA) of 2015 with regard to AFM-EPF. Discussion held. Gagliardi reported on the Local 802 budget for fiscal year 2017. Discussion held.

Executive Board member Hyde reported that the membership subcommittee will work on the agenda for the June 7, 2017 membership meeting. Discussion held.

Theatre Department Business Rep Couture present. Gagliardi and Couture reported on matters pertaining to contractual terms of hiatus for members working out of town on Broadway show tryouts. Discussion held. Couture excused.

Schwartz reported on his conversations with candidates for vacant Executive Board seats. Discussion held.

Controller Camiolo present. Camiolo presented the February 2017 financial report, the Form 990, and the Local 802 budget for fiscal year 2017. Discussion held. Camiolo excused. Gagliardi excused at 12:30. Executive Board member Brandford excused at 12:32.

Financial Vice President Olcott reported on issues pertaining to The Orchestra Now. Discussion held. Olcott reported on the Memorandum of Agreement (MOA) between Local 802 and Midori & Friends. It was moved and seconded to approve the MOA with Midori & Friends subject to ratification by the bargaining unit. Discussion held. Motion carried unanimously. Olcott presented an MOA between Local 802 and Stamford Symphony. It was moved and seconded to approve the MOA with Stamford Symphony subject to ratification by the bargaining unit. Discussion held. Motion carried unanimously. Olcott presented a request from North/South Consonance, Inc. to utilize public service scales for rehearsals and performances at Christ & St. Stephen’s Church on May 19 & 22, 2017; on June 5 & 6, 2017; and on June 19 & 20, 2017; and at Tenri Institute on June 8 & 9, 2017. It was moved and seconded to approve the use of public service scales by North/South Consonance, Inc. as proposed. Discussion held. Motion carried unanimously. Olcott presented a request from Bronx Arts Ensemble to utilize public service scales for a rehearsal and performance of a “Side by Side” concert at Uniondale High School on May 16, 2017 and for a rehearsal and performance of a Memorial Day Weekend Concert in Van Cortlandt Park on May 28, 2017. It was moved and seconded to approve the use of public service scales by Bronx Arts Ensemble as proposed. Discussion held. Motion carried unanimously. Olcott presented annual anniversary salary increases for two non-bargaining unit employees. It was moved and seconded to approve the salary increases. Discussion held. Motion carried unanimously.

Schwartz requested confirmation of an email poll of the Executive Board approving an advertisement in the festival program of the Workers Unite! Film Festival. It was moved and seconded to confirm the email poll. Discussion held. Motion carried unanimously.

Schwartz reported on negotiations between Local 802 and Jazz Foundation of America for a successor Collective Bargaining Agreement to cover Monday Night Jazz Jam. Discussion held.

Olcott excused at 1:18. Schwartz assumed the chair. Schwartz presented requests from two members for leaves of absence from Broadway shows. It was moved and seconded to approve the leaves of absence. Discussion held. Motion carried unanimously. Olcott present and assumed the chair at 1:21.

Political and Communications Director Carroll present. Carroll reported on the re-election campaign of Mark Levine for New York City Council from District 7. It was moved and seconded to contribute $500 to the re-election campaign of Mark Levine, such funds to come from State and Local Tempo. Discussion held. Motion carried unanimously. Carroll reported on the re-election campaign of Elizabeth Crowley for New York City Council from District 30. It was moved and seconded to contribute $500 to the re-election campaign of Elizabeth Crowley, such funds to come from State and Local Tempo. Discussion held. Motion carried unanimously.

Carroll proposed a fundraising event for the re-election of Helen Rosenthal to New York City Council from District 6. Discussion held. Carroll announced a fundraising event for the re-election of Congressman Joseph Crowley as scheduled for May 9, 2017. It was moved and seconded to contribute $1,000 to the re-election campaign of Congressman Crowley, such funds to come from Federal Tempo. Discussion held. Motion carried unanimously.

Carroll proposed the purchase of an advertisement in City & State Magazine and the creation of an op-ed piece for publication therein. It was moved and seconded to purchase a half-page advertisement for $2,000 and create an op-ed piece for publication, such funding to come from the public relations budget. Discussion held. Motion carried unanimously.

Carroll announced a rally at City Hall on May 19, 2017 to support increased funding of the arts. Discussion held.

Carroll reported on issues pertaining to the promotion of June is Music Month by the Mayor’s Office of Media and Entertainment. Discussion held.

Carroll reported on the development of a new music production tax credit proposal and the research that may be required to support that campaign. Discussion held.

Carroll reported on matters pertaining to a New York State Constitutional Convention and the proposed organization of a coalition of NYS AFL-CIO unions to oppose that convention. Discussion held.

Schwartz announced the Cornell ULI Alumni event scheduled for May 11, 2017 and proposed the purchase of two tickets to the event. It was moved and seconded to purchase two tickets to the Cornell ULI Alumni event at a total cost of $200, such funding to come from the public relations budget. Discussion held. Motion carried unanimously.

Principal Business Rep Weeks and Senior Business Rep Gasteyer present. Weeks presented a Collective Bargaining Agreement (CBA) between Local 802 and 92nd Street Y for the Jazz in July concert series. Schwartz excused at 2 pm. Executive Board member Sharman took minutes. Weeks excused. Gasteyer presented a Memorandum of Agreement (MOA) between Local 802 and Allan & Allan Arts, Ltd. for the Gateway/Patchogue Theatre in Bellport, NY. Gasteyer excused. It was moved and seconded to approve the CBA with 92nd Street Y. Discussion held. Motion carried unanimously. It was moved and seconded to approve the MOA with Allan & Allan Arts, Ltd. Discussion held. Motion carried unanimously. Meeting adjourned at 2:09 p.m.


TUESDAY, MAY 16, 2017

Meeting called to order at 11:03 a.m. by Financial Vice President Olcott. Present: Recording Vice President Schwartz, Executive Board members Brandford, Burridge, Dougherty, Hyde, Suttmann, Assistant to the President Bond. President Gagliardi absent on union business. Minutes from May 9, 2017 reviewed. Executive Board member Sharman present at 11:06. It was moved and seconded to approve the minutes from May 9, 2017 as presented. Discussion held. Motion carried unanimously.

Recording Vice President Schwartz reported that Theatre Department Business Rep Couture has been selected to attend the Cornell ULI program, joining the class of 2017-18. Discussion held.

Political and Communications Director Carroll present. Carroll presented a proposal for a film scoring research project and the terms of an agreement with Nolan Wanecke, researcher. Carroll gave a progress report on the Local 802 Web site updates. Discussion held. Motion carried unanimously. Carroll excused. It was moved and seconded to approve $960 for additional Web site features and $500 for hosting and security certificate management. Discussion held. Motion carried unanimously. It was moved and seconded to approve up to $4,000 for the proposed film scoring research project and to approve the agreement between Local 802 and Nolan Wanecke. Discussion held. Motion carried unanimously.

Schwartz presented requests from three members for leaves of absence from Broadway shows. It was moved and seconded to approve the leaves of absence. Discussion held. Motion carried unanimously. Meeting adjourned at 12:56 p.m.


TUESDAY, MAY 30, 2017

Meeting called to order at 11:02 a.m. by President Gagliardi. Present: Financial Vice President Olcott, Recording Vice President Schwartz, Executive Board members Cutler, Dougherty, Hyde, Sharman, Assistant to the President Bond. Minutes from May 16, 2017 reviewed. It was moved and seconded to approve the minutes from May 16, 2017 as submitted. Discussion held. Executive Board member Burridge present at 11:09. Motion carried unanimously. President Gagliardi reported he would be meeting this evening with Jazz at Lincoln Center Orchestra to discuss negotiations pertaining to its Collective Bargaining Agreement. Discussion held. Gagliardi called the meeting into executive session at 11:10. Gagliardi excused at 11:11. Financial Vice President Olcott assumed the chair. Executive Board member Brandford present at 12:08. Olcott called the meeting out of executive session at 12:24. It was moved and seconded to retain Special Counsel Bruce Maffeo. Discussion held. Motion carried unanimously. Assistant to the President Bond present. Gagliardi present at 12:30 and assumed the chair.

Director of Organizing and Field Services Russell-Brown present. Political and Communications Director Carroll present. Executive Board member Cutler, Russell-Brown and Carroll reported on The Emerging Group Development Project. Discussion held. Russell-Brown excused. Gagliardi appointed a subcommittee of the Executive Board to work on The Emerging Group Development Project. Carroll reported on the candidacy of Justin Brannan for New York City Council from District 43. It was moved and seconded to endorse the candidacy of Justin Brannan for City Council. Discussion held. Motion carried unanimously. It was moved and seconded to contribute $500 to the campaign of Justin Brannan. Discussion held. Motion carried unanimously.

Gagliardi announced that Maria Pascale would be hired as Communications and Political Associate in a part time capacity.

Carroll requested funding for a meet and greet to support the re-election of Helen Rosenthal to New York City Council from District 6. It was moved and seconded to approve up to $600 to fund the meet and greet for Helen Rosenthal. Discussion held. Motion carried unanimously. Carroll excused. Bond excused.

Member Eric Kaye present. Kaye reported on his professional experience and expressed his interest in an appointment to fill a vacant seat on the Executive Board. Discussion held. Kaye excused.

Recording Vice President Schwartz requested confirmation of an email poll approving the Limited Pressing Agreement for the Off Broadway cast album of “Marry Harry.” It was moved and seconded to confirm the email poll. Discussion held. Motion carried unanimously.

Schwartz presented requests from nine members for leaves of absence from Broadway shows. It was moved and seconded to approve the leaves of absence. Discussion held. Motion carried unanimously.

Gagliardi reported on matters pertaining to hiatus for musicians accepting work on out of town tryouts for Broadway shows. Discussion held.

Schwartz presented an invoice in the amount of $2,400 from Divergent HVAC LLC. It was moved and seconded to approve for payment the invoice from Divergent HVAC LLC. Discussion held. Motion carried unanimously. Schwartz presented an invoice in the annual amount of $3,600 from NYCO Plumbing for monthly sprinkler system testing. It was moved and seconded to approve for payment the invoice from NYCO Plumbing. Discussion held. Motion carried unanimously.

Olcott presented a media request from a principal dancer of the American Ballet Theatre. Discussion held. Schwartz reported that the NewYorkMusicians.com Web site was nearing completion and requested that the Executive Board review the Web site. It was moved and seconded to permit the titled officers to review and approve the NewYorkMusicians.com Web site on behalf of the Executive Board. Discussion held. Motion carried unanimously. Meeting adjourned at 1:57 p.m.


TUESDAY, JUNE 6, 2017

Meeting called to order at 11:04 am by Financial Vice President Olcott. Present: Recording Vice President Schwartz, Executive Board members Brandford, Burridge, Dougherty, Hyde, Suttmann, Assistant to the President Bond. President Gagliardi absent on union business. Minutes from May 30, 2017 reviewed. It was moved and seconded to approve the minutes from May 30, 2017 as corrected. Discussion held. Motion carried unanimously.

Assistant to the President Bond reported on matters pertaining to the Broadway production of “Hello Dolly!” Executive Board member Sharman present at 11:17. Discussion held. Bond excused. Financial Vice President Olcott called the board into Executive Session at 11:41. Olcott call the board out of Executive Session at 11:52.

Bond present. Bond reported on matters pertaining to hiatus for musicians accepting work on out of town tryouts for Broadway shows. Discussion held.

Financial Vice President Olcott presented a Memorandum of Agreement (MOA) between Local 802 and Westchester Philharmonic, Inc. It was moved and seconded to approve the MOA with Westchester Philharmonic, Inc. pending execution by the employer and subject to ratification by the bargaining unit. Discussion held. Motion carried unanimously.

Olcott presented a request from Bronx Arts Ensemble to utilize public service scales for rehearsals and performances in the Bronx on June 11, 2017 at the New York Botanical Garden; on June 15, 2017 at PS 1; and June 21, 2017 at Van Cortland Golf Lake House. It was moved and seconded to approve the request from Bronx Arts Ensemble. Discussion held. Motion carried unanimously.

Recording Vice President Schwartz presented an invoice in the amount of $2,250 from PeriscopeUp! representing the balance due for the creation of the NewYorkMusicians.com Web site. It was moved and seconded to approve for payment the invoice from PeriscopeUp! Discussion held. Motion carried unanimously.

Schwartz reported on his communication with candidates for vacant Executive Board seats. Discussion held. Schwartz reported on matters pertaining to early termination of the lease of a car no longer in use by field representatives on Long Island. It was moved and seconded to approve $4,563 to pay off the car lease in advance and return the car to the dealership, thus avoiding further insurance and maintenance costs. Discussion held. Motion carried unanimously.

Schwartz presented an annual contract proposal from Divergent LLC for maintenance of HVAC in the union building. Discussion held.

Executive Board member Brandford excused at 12:40. Schwartz reported that 2017 is the 50th anniversary of the Local 802 Musicians’ Emergency Relief Fund and noted that a celebration would be organized. Discussion held.

EMSD Principal Business Rep Sheldon present. Sheldon presented a revised Local 802 Demonstration Recording Agreement for approval of the Executive Board. Sheldon excused. It was moved and seconded to approve the agreement as presented. Discussion held. Motion carried unanimously.

Theatre Department Business Rep Ryan present. Bond and Ryan presented a Memorandum of Agreement (MOA) between Local 802 and York Theatre Company. Ryan excused. It was moved and seconded to approve the MOA with York Theatre Company. Discussion held. Motion carried unanimously.

Schwartz presented requests from two members for leaves of absence from Broadway shows. It was moved and seconded to approve the leaves of absence. Discussion held. Motion carried unanimously.

Referral Service Coordinator Ferrara present. Ferrera reported on an extension of the terms of the agreement between Local 802 and Times Square Alliance for the Out of the Pits concert series. Discussion held.

Meeting adjourned at 1:04 p.m.


TUESDAY, JUNE 13, 2017

Meeting called to order at 11:05 a.m. by President Gagliardi. Present: Financial Vice President Olcott, Recording Vice President Schwartz, Executive Board members Brandford, Burridge, Cutler, Dougherty, Sharman, Suttmann, Assistant to the President Bond. Minutes from June 6, 2017 reviewed. It was moved and seconded to approve the minutes from June 6, 2017 as corrected. Discussion held. Motion carried unanimously.

President Gagliardi reported on his trip to Washington, DC on June 6, 2017 with AFM President Ray Hair to meet with senior staff of Senators Al Franken, Tammy Baldwin, and Bernie Sanders on matters pertaining to the AFM-EPF. Discussion held. Gagliardi announced he would initiate office hours to meet with members performing for Broadway productions. Discussion held. Gagliardi reported on a grievance meeting on June 5, 2017 with members, Local 802 Theatre Department staff, and management pertaining to the Broadway production of “Hello Dolly!” Discussion held. Gagliardi reported on the Inside Broadway Beacon Awards of June 12, 2017 in which he was honored. Discussion held. Gagliardi reported on the filing of a grievance against New York City Ballet. Discussion held.

Financial Vice President Olcott reported on the receipt of a letter claiming that an injury occurred on the premises of Local 802 on March 11, 2017. Discussion held.

Olcott requested that the Executive Board select a date for the next membership meeting. It was moved and seconded that the next membership meeting be scheduled on October 18, 2017. Discussion held. Motion carried unanimously. Executive Board member Cutler excused at 11:50 a.m. Recording Vice President Schwartz presented an invoice in the amount of $5,651.16 from Kaback Service for the second half of the annual HVAC service contract. It was moved and seconded to approve for payment the invoice from Kaback Service. Discussion held. Motion carried unanimously. Schwartz presented a quote for the repair of the union hall’s 5th floor HVAC unit from Kaback Service in the amount of $3,310.17. It was moved and seconded to accept the quote from Kaback Service as presented. Discussion held. Motion carried unanimously.

Schwartz announced that the Office of the Speaker of New York City Council had approved $7,000 in discretionary funding to support the activities of the Local 802 Jazz Mentors initiative. Discussion held.

Schwartz presented requests from three members for leaves of absence from Broadway shows. It was moved and seconded to approve the leaves of absence. Discussion held. Motion carried unanimously.

Controller Camiolo present. Camiolo presented the March 2017 Local 802 financial report. Discussion held. Camiolo presented the Local 802 2017 budget. Discussion held. Camiolo excused.

Political and Communications Director Carroll present. Carroll introduced new part-time staff member Political and Communications Associate Maria DiPasquale. DiPasquale excused. Carroll reported on the candidacy of Marvin Holland for New York City Council from District 9. Carroll and Olcott reported on the meet and greet event held on June 2, 2017 in support of the re-election of Helen Rosenthal, New York City Council member from District 6. Discussion held.

Carroll announced a rally on June 19, 2017 in support of mayoral control of New York City public schools. Discussion held. Carroll announced that he would be providing testimony pertaining to city nightlife in an appearance at New York City Council chambers on June 19, 2017. Discussion held. Carroll excused. It was moved and seconded to contribute $250 from State and Local Tempo to the election campaign of Marvin Holland. Discussion held. Motion carried unanimously.

Principal Business Rep Weeks present. Weeks presented a Collective Bargaining Agreement (CBA) between Local 802 and Jazz Foundation of America pertaining to the Monday Night Jazz Jam. Weeks excused. It was moved and seconded to approve the CBA with Jazz Foundation of America. Discussion held. Motion carried unanimously. Meeting adjourned at 12:48 p.m.