Allegro

Executive Board Minutes

December 5, 2000 -- January 2, 2001

Volume CI, No. 2February, 2001

TUESDAY, DECEMBER 5, 2000

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, Reynolds, Rosen, Shankin and Simon, Controller Bogert, Assistant to the President Dennison, Jazz Advisory Committee Liaison Owens, Assistant Director Lennon.

Financial Vice-President Hafemeister reported to the board on a three-day course on “Revitalizing Your Local” that she had taken at Cornell Labor Studies. Discussion held on the positive value derived from her attendance. It was noted that membership education is a paramount consideration, and recognition of activist members and staff is also very important.

Price excused to respond to members’ concerns regarding voting eligibility in the Local 802 election.

Nov. 21 minutes unanimously approved as amended.

Shankin excused during the foregoing discussion to assist Price in responding to members’ questions regarding American Arbitration Association balloting procedures and security in the Local 802 election.

Weiss present at 11:40 a.m. during the foregoing discussion.

Nov 28 minutes unanimously approved as amended.

Shankin present during the foregoing discussion. Price present following the foregoing discussion.

Lennon presented an agreement between Local 802 and the Hora Decima Brass Ensemble, 100 Park Terrace West, New York, NY 10034, covering employment of musicians during the period Nov. 7, 2000, through Sept. 11, 2001. Discussion held.

Price and Shankin excused during a portion of the foregoing discussion but present for the following vote. Motion made and carried unanimously to approve.

Lennon presented an agreement between Local 802 and the New York Revels, Inc., covering employment of musicians during the period Oct. 1, 2000, through Sept. 30, 2001. Discussion held.

Weiss excused during the discussion.

Motion made and carried unanimously to approve.

Meeting recessed at 1:15 p.m.

Meeting resumed at 2:25 p.m.

Present: Moriarity, Blumenthal, Crow, Gale, Giannini, Reynolds, Rosen, Shankin, Simon, Weiss, Bogert, Dennison, Lennon and Owens.

Gale distributed a draft of a letter to the Financial Vice-President Search Committee. Discussion held.

Hafemeister, Simon and Dennison present during portions of the foregoing discussion.

Crow excused at 3:40 p.m.

Meeting adjourned at 3:50 p.m


TUESDAY, DECEMBER 12, 2000

Meeting called to order at 11:30 a.m. Present: President Moriarity, Recording Vice-President Price, Financial Vice-President Hafemeister, Executive Board members Blumenthal, Crow, Gale, Giannini, Reynolds, Rosen, Shankin, Simon and Weiss, Controller Bogert, Assistant to the President Dennison, Jazz Advisory Committee Liaison Owens, Assistant Director Lennon.

Dec. 5 minutes unanimously approved as amended.

Board member Simon reported that he and Executive Board candidate Mary Landolfi acted as observers when the absentee mail ballots were opened by the American Arbitration Association (AAA), the organization that conducted the Local 802 election.

Price requested approval of dates for membership meetings in 2001: Feb. 13, June 19 and Oct. 16, at 3 p.m., in the Club Room. Motion made and carried unanimously to approve.

Price distributed the results of the Local 802 election as certified by the AAA.

President Moriarity submitted legal expenses of $25,000 from Meyer, Suozzi, English & Klein in connection with their work on the Apollo Theatre case. Discussion held. Motion made and carried unanimously to approve.

Moriarity submitted legal expenses of $2,500 from Lois Carter Schlissel of Meyer, Suozzi, English & Klein for preparing a brief that updated Local 802’s sexual harassment policy. Motion made and carried unanimously to approve.

Moriarity advised the board of an AFM meeting to be held in Los Angeles Jan. 18-21, to address the issue of nonunion recording. He requested that he, along with Price, Assistant Recording Supervisor Schaffner and New Organizing Director Dubnau, attend the meeting. He requested that the board authorize the necessary expenses of transportation, hotel, meals and car rental. Discussion held. Motion made and carried unanimously to approve.

Moriarity distributed an interim report by Aronowitz & Roberts on a case study of Zomba Enterprises commissioned by Local 802 as part of its research into the phonograph industry.

Moriarity and Price reported on the recording musicians’ meeting held on Dec. 11 regarding nonunion recording in New York City. Discussion held.

Financial Vice-President Hafemeister presented a proposal from Ken Margolies of Cornell Labor Studies to develop an education program focusing on the role of committees in negotiating and administering agreements. Margolies would design the program and provide all materials. Discussion held. Motion made and carried unanimously to authorize the expenditure of up to $6,000 for this project for training the trainer.

Meeting recessed at 1:15 p.m.

Meeting resumed at 2:35 p.m.

Present: Moriarity, Price, Hafemeister, Blumenthal, Crow, Gale, Giannini, Reynolds, Rosen, Simon, Weiss, Bogert, Dennison and Owens.

Price submitted a request for $9,050 for the year-end bonus and gratuities list submitted by the office manager. Motion made and carried unanimously to approve the list.

Controller Bogert distributed financial reports for October 2000. Discussion and explanation followed. Vouchers for November 2000 were distributed. Motion made and carried unanimously to approve the vouchers for October 2000.

Moriarity submitted parking expenses of $62 for committee member Bruce Eidem, for attending Madison Square Garden negotiations. Motion made and carried unanimously to approve.

Assistant Director Lennon submitted a request for a grant application recording of a concert by the Perspectives Ensemble. Motion made and carried unanimously to approve, with the proviso that two-thirds of the group vote to approve it.

Lennon requested the purchase of a new file cabinet for his office at a cost of $695. Motion made and carried unanimously to approve.

New Organizing Director Dubnau and Senior Organizer Elsila appeared before the board with an agreement for the Apollo Theatre Foundation, Inc. Discussion held. Motion made and carried unanimously to approve. Dubnau and Elsila excused.

National Contracts Assistant Supervisor Schaffner appeared before the board to report on the AFM meeting held recently with the Joint Cooperative Committee of the Phonograph Industry. The meeting included a discussion of the industry’s progress in the use of digital download on the internet. The phono manufacturers agreed to take part in individual talks with the AFM to impart this information. Schaffner had attended a meeting with the AFM and BMG, and described the BMG download process in detail. Schaffner excused.

Crow excused at 3:45 during the foregoing discussion.

Recording Vice-President Price reported to the board that he had granted the following leaves of absence:

  1. Kenneth Dybisz, from the Broadway production Annie Get Your Gun, from Nov. 30-Dec. 31, to play A Christmas Carol at Madison Square Garden, with the proviso that he not substitute in Annie Get Your Gun during that period.
  2. Christopher Parker, from the Broadway production Saturday Night Fever, from Oct. 24-Nov. 4, to perform in Japan.
  3. Ann Labin, from the Broadway production Beauty and the Beast, from Dec. 6-23, to play A Christmas Carol at Madison Square Garden, with the proviso that she not substitute in Beauty and the Beast during that period.
  4. Anthony Cecere, from the Broadway production Beauty and the Beast, from Nov. 21-28, to perform with the New Jersey Symphony, with the proviso that he not substitute in Beauty and the Beast during that period.
  5. Mitchell Weiss, from the Broadway production Les Misérables, to extend his prior leave of absence for the period from Nov. 21, 2000, until April 29, 2001, to perform with the Metropolitan Opera Orchestra, with the proviso that he not substitute in Les Misérables during that period.
  6. Anthony Cecere, from the Broadway production Beauty and the Beast, from Dec. 1-11, to perform out of town and for personal reasons.
  7. Paul Garment, from the Broadway production Jekyll & Hyde, from Nov. 17-24, to perform at Radio City Music Hall and for personal reasons, with the proviso that he not substitute in Jekyll & Hyde during that period.
  8. David G. Weiss, from the Broadway production The Lion King, from Nov. 7-12 to play Riverdance and to perform with the Metropolitan Opera orchestra, and from Nov. 25-Dec. 31 to play A Christmas Carol at Madison Square Garden, with the proviso that he not substitute in The Lion King during those periods.

Moriarity submitted a request for a $250 contribution to NYC Jobs with Justice. Motion made and carried unanimously to approve.

Discussion held on possible agenda reform after January 2001, to make better and more efficient use of the board’s time.

Owens excused at 4:10 p.m.

Discussion held on Seussical the Musical. Bogert excused at 4:40 p.m. Blumenthal excused at 4:43 p.m.

Meeting adjourned at 4:50 p.m.


TUESDAY, DECEMBER 19, 2000

Meeting called to order at 11:40 a.m. Present: President Moriarity, Recording Vice-President Price, Financial Vice-President Hafemeister, Executive Board members Blumenthal, Crow, Gale, Reynolds, Rosen, Shankin and Simon, Controller Bogert, Assistant to the President Dennison.

President Moriarity presented an Award of Appreciation from Local 802 to Executive Board member Abe Rosen, who retired after 18 years of active participation as an elected officer of the Trial and Executive boards.

Jazz Advisory Committee Liaison Owens present at 11:55 a.m.

Dec. 12 minutes unanimously approved as amended.

Moriarity reported on Seussical the Musical, advising the board that Local 802 will file a grievance against the production for failing to abide by the League contract provisions regarding the minimum number of musicians.

Moriarity reported that the Executive Director of Jazz at Lincoln Center, Rob Gibson, had resigned.

Moriarity reported to the board on the recent Local 802 Health Benefits Fund meeting.

Assistant Director Lennon present at 12:35 p.m.

The board held a strategic planning discussion.

Meeting recessed at 1:00 p.m.

Meeting resumed at 2:15 p.m.

Present: Moriarity, Price, Hafemeister, Blumenthal, Crow, Gale, Reynolds, Rosen, Shankin, Simon, Bogert, Dennison, Owens, Lennon.

Legal counsel Leibowitz, Theatre Committee Chair Larry Rawdon and Theatre Committee member Morris Kainuma appeared before the board while Moriarity reviewed the situation at Seussical the Musical. Management hired only 19 musicians, rather than the minimum of 25 specified in the contract for the theatre where the show is playing, hoping to be granted Special Situations status under the League/Local 802 agreement. The Special Situations panel denied their request for 18 whereupon, when pressed by Local 802, management listed six more individuals as orchestra members, four of whom are in the cast and reportedly not being paid in accordance with the two applicable agreements. Two others were hired as understudy musicians. None are members of Local 802. Moriarity enumerated various possibilities for bringing grievances against management. Rawdon outlined the discussion that had taken place at prior Theatre Committee deliberations. Discussion held, during which Legal Counsel Leibowitz gave his viewpoint.

Crow excused at 3:35 p.m. during the foregoing discussion.

Leibowitz, Rawdon and Kainuma excused.

Helen Guditis, President of the Broadway Theatre Institute (BTI), appeared before the board to make a presentation on the organization’s work and aims. The BTI is a New York-based national, tax-exempt organization whose mission includes cultural preservation, educational services and membership services. Guditis requested a letter of endorsement and support for the BTI initiative for the establishment of a museum and learning center. Motion made and carried unanimously to endorse the request with a letter of recommendation.

Price submitted two items from the CAC Special Projects and Services Fund for concurrence by the Executive Board. The first was from the Goldman Memorial Band, for funds to support a newsletter it publishes and distributes. The CAC voted up to $4,000, contingent on Executive Board approval of a like amount. Discussion held, during which the board requested that GMB send a representative to appear before the board to provide further information regarding the request.

Motion made and carried unanimously to concur with the CAC grant of $950 to the Gospel Committee for its annual Holiday Gospel Spotlight, with the proviso that receipts be submitted for all expenditures.

Meeting adjourned at 4:10 p.m.


TUESDAY, JANUARY 2, 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 and Shankin, Controller Bogert, Assistant to the President Dennison, Assistant Director Lennon.

Dec. 19 minutes unanimously approved as amended.

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

  1. Alva Hunt, from the Broadway production Beauty and the Beast, from Dec. 9-28, to play A Christmas Carol at Madison Square Garden, with the proviso that he not substitute in Beauty and the Beast during that period.
  2. Neil Balm, from the Broadway production Beauty and the Beast, from Jan. 10-21, for personal reasons.
  3. Anthony Kadleck, from the Broadway production Beauty and the Beast, from the evening of Dec. 13-27, for personal reasons.
  4. Doug Oberhamer, from the Broadway production Swing!, from Nov. 6-Jan. 20, for personal reasons.
  5. Kathleen Foster, from the Broadway production Les Misérables, from Dec. 18-30, for personal reasons.
  6. Todd Reynolds, from the Broadway production Annie Get Your Gun, from the evening of Dec. 6 through the matinee of Dec. 24, for personal reasons.
  7. Richard A. Clark, from the Broadway production Annie Get Your Gun, from Jan. 10-21, for personal reasons.
  8. Tony Cecere, from the Broadway production Beauty and the Beast, from Dec. 13-17, for personal reasons.
  9. Jeffrey Carney, from the Broadway production Beauty and the Beast, from Jan.8-14, for personal reasons.

President Moriarity reported on preparations for upcoming negotiations with Jazz at Lincoln Center.

Board member Weiss present at 11:40 a.m.

Moriarity distributed a letter from the AFM that requested reimbursement of $450 from Local 802 for its share of strike benefits – $150 for each of three Pamphlet B musicians who did not cross a Local 655, Miami, Fla., theatre picket line and subsequently lost work and wages. (See Nov. 21 minutes.) Discussion held on an allegation that some of the musicians had helped prepare nonunion substitutes to play the show during the strike. Motion made and carried to honor the request for $450. Opposed: Blumenthal, Giannini, Hafemeister, Landolfi.

A request was received from Rockwell J. Chin for Local 802’s endorsement of his candidacy for NY City Council, from District One in Manhattan. Motion made and carried unanimously to endorse Rockwell “Rocky” Chin for NY City Council. Motion made and carried unanimously to contribute $250 from TEMPO802 to “Friends of Rocky Chin.”

Moriarity reviewed the situation at Saturday Night Fever and informed the board that, although the arbitration award was originally due by Jan. 20, 2001, this may be affected by the rescheduled filing of the written final argument.

Moriarity noted that Seussical the Musical (see Dec. 19 minutes) had hired cast members and non-playing musicians to fill out the minimums, and this action was similar to the aforementioned Saturday Night Fever. He examined the terms of the League agreement with specific reference to understudy musicians. He recommended filing two grievances: one involving the four individuals who are in the cast and acting as musicians, and the other for the two non-playing understudy musicians. Discussion held, during which it was noted that the Theatre Committee is in agreement with the recommendation. The board concurred with the recommendation.

Moriarity brought to the board a request submitted by The Nederlander Producing Company for consideration of a Special Situation. They requested the reduction of the 24-person minimum to 19 musicians and conductor for a new show entitled The Adventures of Tom Sawyer. Discussion held, during which several communications were reviewed. Motion made and carried unanimously to deny the request.

Price submitted a report from Local 802 real estate consultant engineer Tom Waldron that indicated that the Pre-Construction Inspection Report by the construction company erecting a building on the adjacent property found no major problem presently existing in our building. He also made a visual exterior inspection of the building to confirm his evaluation.

Price submitted a request from a terminated member seeking re-entry under the medical provisions in accordance with Article III, Section 3(d) of the bylaws. Price was directed to obtain more specific information regarding this request.

Assistant Director Lennon submitted the CBA between Westfield Symphony Orchestra and Local 802. Director of New Organizing Dubnau present for the following discussion. Lennon detailed the circumstances that led to the agreement and reviewed its terms. Motion made and carried unanimously to approve.

Meeting recessed at 1:00 p.m.

Meeting resumed at 2:15 p.m.

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

Moriarity reported the possibility that the AFM Pamphlet B tour in Florida by the traveling company of Fosse might use recorded music or open tracks from the cast album to replace striking musicians.

Controller Bogert submitted a bill from the AFL-CIO Organizing Institute in the amount of $6,300, for the housing and expense stipend to be paid on behalf of apprentice Meckstroth. The total, including payments already made, will be $8,400. Motion made and carried unanimously to approve.

Bogert submitted salary adjustments for several staff and supervisory personnel. Motion made and carried unanimously to approve

Assistant to the President Dennison reported on a telephone poll of the board regarding a request from Seussical the Musical to make a scratch tape to be used only for preparation by Rosie O’Donnell for a role in the production. Motion made and carried unanimously to affirm the results of the telephone poll, which was in the affirmative.

A request was received that 802 support and endorse Bill Lindsay as labor’s candidate for the Eighth Legislative District in Suffolk County. Motion made and carried unanimously to endorse. Motion made and carried unanimously to contribute $100 from TEMPO802 to “Lindsay for Legislature.”

Dennison reported that the management of the tour of Man of La Mancha had signed a recognition agreement with the AFM this morning before leaving.

Discussion held on strategic planning. The next comprehensive session will be held on Tuesday, Jan. 9, 2001.

Board member Blumenthal reported to the board on the progress of the AFM Audio-Visual agreement negotiations. This agreement is for symphonic orchestras in the recording and television fields.

Business Representative Jackson appeared before the board to present an agreement with Billy Taylor Productions, Inc., for the employment of the Billy Taylor Trio for all engagements. Motion made and carried unanimously to approve.

Jackson submitted an agreement with Dennis Mackrel Music, Inc., for the employment of musicians for all engagements. Motion made and carried unanimously to approve.

A request was received from the Union Coalition Against Domestic Violence for a contribution of $100 to assist a displaced CWA member. Motion made and carried unanimously to contribute $100 as requested.

Meeting adjourned at 3:45 p.m.