Allegro

Executive Board Minutes

October 23, 2018 - January 8, 2019

Volume 119, No. 2February, 2019

TUESDAY, OCTOBER 23, 2018

Meeting called to order at 11:14 a.m. by President Gagliardi. Present: Financial Vice President Olcott, Recording Vice President Schwartz, Executive Board members Burridge, Cutler, Dougherty, Hyde, Namkung, Olness, Sharman, and Suttmann. Minutes from October 16, 2018 reviewed. It was moved and seconded to approve the minutes from October 16, 2018 as corrected. Discussion held. Motion carried unanimously.

Sam Wheeler of Cohen, Weiss and Simon, LLP present. Wheeler reported on matters pertaining to the listing of candidates on the ballot for the Local 802 election. It was moved and seconded to amend the Local 802 Election Rules as follows: Consistent  with Article I, Section 8 of the Local 802 AFM Bylaws, which provides that “Three Delegates shall be elected to represent this Local at the New York City Central Labor Council, and carry out the instructions of the Executive Board and of the Local thereat,” Article I, Section 1.I of the Local 802 Election Rules will be amended as follows: Delegate to the NYC Central Labor Council (3 positions).

Discussion held. Motion carried unanimously. Wheeler excused.

President Gagliardi reported on a personnel matter on Broadway. Discussion held. Gagliardi reported on on-going contractual matters at Metropolitan Opera. Discussion held.

Financial Vice President Olcott presented the terms of a memorandum of agreement (MOA) between Local 802 and American Composers Orchestra (ACO). It was moved and seconded to approve the MOA with ACO for ratification by the bargaining unit. Discussion held. Motion carried unanimously. Olcott reported on a request from a member for reimbursement of expenses relating to the ICSOM convention. Discussion held. Olcott reported on matters pertaining to Washington Heights Chamber Orchestra. Discussion held.

Executive Board member Cutler presented a framework for a developmental agreement. Discussion held. Gagliardi appointed Cutler to join the LS-1 Subcommittee and to expand the scope of that committee to include non-theatrical development agreements.

Communications Associate DiPasquale present. DiPasquale presented an invitation to Labor Press Leadership Awards on November 27, 2018. It was moved and seconded to purchase a half-page advertisement in the Awards Journal at a cost of $750 with the proviso that Local 802 receive two tickets to the event. Discussion held. Motion carried unanimously. DiPasquale excused.

Recording Vice President Schwartz presented a proposal for replacement carpeting to the fifth floor. Discussion held. Schwartz requested confirmation of an email poll of the Executive Board approving for payment an invoice from Cohen, Weiss and Simon, LLP. It was moved and seconded to confirm the email poll. Discussion held. Motion carried unanimously.

Meeting recessed at 12:25. Meeting reconvened at 12:38. Executive Board member Hyde reported on outreach by the Membership Meeting Subcommittee and by other board members in support of the October 24, 2018 membership meeting. Discussion held.

Organizing Department Senior Business Rep Gasteyer present. Gasteyer presented a single engagement employer agreement with member Michael Aarons. Gasteyer excused. It was moved and seconded to approve the agreement with Michael Aarons. Discussion held. Motion carried unanimously.

Hyde reported on the agenda for the membership meeting of October 24, 2018. Discussion held.

Director of Organizing and Field Services Winkler present. Winkler requested funding for professional development and training at AFL-CIO Advanced Organizing Institute, in Silver Springs, MD, December 5-7, 2018. Winkler excused. It was moved and seconded to approve $925 for Winkler’s training at AFL-CIO Advanced Organizing Institute and to request reimbursement from Special Services and Projects Fund. Discussion held. Motion carried unanimously. Meeting adjourned 1:06 p.m.

TUESDAY, OCTOBER 30, 2018

Meeting called to order at 11:24 a.m. by President Gagliardi. Present: Financial Vice President Olcott, Recording Vice President Schwartz, Executive Board members Burridge, Cutler, Dougherty, Garnett, Hyde, Olness, Sharman, and Suttmann. President Gagliardi presented an invoice from Cohen, Weiss and Simon, LLP (CWS) in the amount of $42,464.56 covering its September retainer and the individual Local 802 and joint Local 802 and American Guild of Musical Artists fees pertaining to negotiations with Metropolitan Opera and including CWS fees in the amount of $21,960 for services on behalf of Local 802 relating to the 2018 election of officers and delegates. It was moved and seconded to approve for payment the invoice from CWS as submitted. Discussion held. Motion carried unanimously.

Gagliardi reported on a settlement agreement pertaining to a personnel matter on Broadway. Discussion held.

Minutes from October 23, 2018 reviewed. It was moved and seconded to approve the minutes from October 23, 2018 as corrected. Discussion held. Motion carried unanimously.

Financial Vice President Olcott reported that American Composers Orchestra will be ratifying its successor collective bargaining agreement commencing on November 1 and concluding on November 5, 2018 concurrently with the ratification of the Integrated Media Agreement. Discussion held. Olcott presented a request from Bronx Arts Ensemble to utilize public service scales for concerts at Fordham University on November 7, 2018; at Lehman College on November 29, 2018; at St. Paul the Apostle on December 1, 2018; at Fordham University on December 2, 2018; at Whitehall on December 16, 2018; at Fordham University on April 7, 2019; at Lehman College and Bronx Music Heritage Center on May 17, 2018. It was moved and seconded to approve the request from Bronx Arts Ensemble as submitted. Discussion held. Motion carried unanimously.

Meeting recessed at 12:20. Meeting reconvened at 12:30. Recording Vice President Schwartz reported on the conclusion of negotiations for a first collective bargaining agreement between Local 802 and Kaufman Music Center covering accompanists. Discussion held. Gagliardi and Schwartz reported on the Carnegie Hall engagement entitled “Joe Hisaishi Symphonic Concert: Music from the Studio Ghibli Films of Hayao Miyazaki” as scheduled on November 2, 2017 and the effort made to bring this engagement under a union agreement. 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 leave of absence as submitted. Discussion held. Motion carried unanimously.

Controller Camiolo present. Camiolo presented the 2017 Form 990. Discussion held. Camiolo excused. Executive Board member Garnett reported on his participation in the NYC Nightlife Advisory Board tour in Queens and announced he would attend the next event in Staten Island. Meeting adjourned 1:26 p.m.

TUESDAY, NOVEMBER 13, 2018

Meeting called to order at 11:08 a.m. by Financial Vice President Olcott. Present: Recording Vice President Schwartz, Executive Board members Cutler, Dougherty, Hyde, Sharman, Suttmann. President Gagliardi absent. Minutes from October 30, 2018 reviewed. It was moved and seconded to approve the minutes from October 30, 2018 as corrected. Discussion held. Motion carried unanimously. Executive Board member Garnett present at 11:16.

Financial Vice President Olcott reported that the agreement between Local 802 and American Composers Orchestra had been ratified by members of the orchestra. Discussion held. Olcott reported that he had met with the orchestra committee of American Symphony Orchestra to discuss next steps in their negotiation. Discussion held. Olcott reported that he will schedule a meeting with Orchestra of St. Luke’s. Discussion held.

Recording Vice President Schwartz requested approval of a revised budget in the amount of $1,017.20 for Director of Organizing and Field Services Winkler pertaining to her training at AFL-CIO Advanced Organizing Institute, December 5-7, 2018 in Silver Springs, MD. It was moved and seconded to approve the revised budget as submitted. Discussion held. Motion carried unanimously.

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 as submitted. Discussion held. Motion carried unanimously.

Olcott reported on negotiations for a successor collective bargaining agreement between Local 802 and New York Pops. Discussion held.

Executive Board member Cutler reported that most freelance orchestras have signed on to a letter from Local 802 to the Joint Select Committee on Pensions. Discussion held. President Gagliardi present at 11:29. Olcott reported that Local 802 had received a notice from AFM-EPF relating to an audit. Discussion held.

Schwartz reported that an offer of employment will be made to David Will to fill the position of Music Preparation Administrator. Discussion held.

Gagliardi requested a motion to move the date of the Local 802 holiday party to December 19, 2018. It was moved and seconded to approve December 19, 2018 as the new date of the holiday party. Discussion held. Motion carried unanimously.

Gagliardi presented an invitation from Metro New York Health Care for All to attend its 25th Anniversary Gala. Discussion held.

Concert Department Senior Business Rep Fisher present. Fisher presented a revised memorandum of agreement between Local 802 and Washington Heights Chamber Orchestra (WHCO) for rehearsals and a performance of “Too Hot to Handel.” Fisher excused. It was moved and seconded to approve the revised memorandum of agreement with WHCO pending the inclusion of language pertaining to Local 802 Musicians Health Fund. Discussion held. Motion carried unanimously.

Gagliardi reported on the status of negotiations for the Integrated Media Agreement. Discussion held.

Director of Organizing and Field Services Winkler present. Winkler presented a report on Local 802’s organizing initiative in response to nonunion performances of “Joe Hisaishi Symphonic Concert: Music from the Studio Ghibli Films of Hayao Miyazaki” at Carnegie Hall on November 2-3, 2018. Discussion held. Winkler excused.

Cutler reported on a provisional budget for advertising the 2018 Emerging Artist Project. Discussion held. Controller Camiolo present. Executive Boad member Hyde excused at 1 pm. Camiolo presented the August 2018 financial report. Discussion held. Camiolo excused. Meeting adjourned at 1:40 p.m.

TUESDAY, NOVEMBER 20, 2018

Meeting called to order at 11:07 am by Financial Vice President Olcott. Present: Recording Vice President Schwartz, Executive Board members Burridge, Cutler, Dougherty, Hyde, Olness, Sharman, Suttmann. President Gagliardi absent. Minutes from November 13, 2018 reviewed. It was moved and seconded to approve the minutes from November 13, 2018 as corrected. Discussion held. Motion carried unanimously.

Financial Vice President Olcott presented the Memorandum of Agreement (MOA) between Local 802 and Organization of Union Representatives (OUR). Executive Board member Garnett present at 11:16. It was moved and seconded to approve the MOA with OUR. Discussion held. Motion carried unanimously. President Gagliardi present at 11:20. Olcott announced that wage raises for non-bargaining unit staff have been set at 2.12 percent. Discussion held. Olcott reported on the schedule for issuance of staff holiday bonuses. Discussion held.

President Gagliardi reported on a settlement agreement between Local 802 and Radio City Music Hall (RCMH) pertaining to a recording made of the Finale of the 2018 Radio City Christmas Spectacular, to be aired by NBC Universal during the holiday season on a news program and on NBC 360. It was moved and seconded to approve the settlement agreement with RCMH. Discussion held. Motion carried unanimously.

Gagliardi reported that The Broadway League has withdrawn its support of a producer’s request for a special situation on Broadway. Discussion held. Gagliardi reported that he met on November 19, 2018 with a joint committee of the Metropolitan Opera Orchestra Regulars and Associates. Discussion held.

Recording Vice President Schwartz reported on the status of negotiations between Local 802 and Argyle Theatre for a first collective bargaining agreement. Discussion held.

Executive Board member Hyde requested a budget for the Local 802 Holiday Party on December 19, 2018. It was moved and seconded to approve a budget of $8,500 for the Holiday Party, additional expenses to be considered as necessary. Discussion held. Motion carried unanimously. Hyde presented a proposal for a staff picnic in June of 2019. Discussion held. Hyde proposed that Local 802 encourage members to sign a letter to Joint Select Committee on Solvency of Multiemployer Pension Plans by going to the AFM Web site. Discussion held.

Discussion held on protocol for emergency messaging to members pertaining to nonunion engagements. Discussion held. Executive Board member Burridge excused at 12:45.

Gagliardi appointed an Organizing Subcommittee of board members Burridge, Cutler, Garnett and Hyde. Discussion held. Hyde excused at 12:57.

Theatre Department Senior Business Rep Fitzpatrick present. Executive Board member Garnett and Fitzpatrick presented a report on a meeting of Local 802 Diversity Committee. Discussion held. Fitzpatrick excused. Executive Board member Olness excused at 1:26. Meeting adjourned at 1:27 p.m.

TUESDAY, DECEMBER 4, 2018

Meeting called to order at 11:18 a.m. by President Gagliardi. Present: Financial Vice President Olcott, Recording Vice President Schwartz, Executive Board members Burridge, Cutler, Dougherty, Garnett, Hyde, Namkung, Olness, Sharman, Suttmann. Minutes from November 20, 2018 reviewed. It was moved and seconded to approve the minutes from November 20, 2018 as corrected. Discussion held. Motion carried unanimously. President Gagliardi reported that “Summer: The Donna Summer Musical” would be closing. Discussion held. Gagliardi reported on matters pertaining to New York Philharmonic. Discussion held.

Financial Vice President Olcott presented a schedule of holiday bonuses totaling $9,973.90. Discussion held. AFM Secretary Treasurer Blumenthal present. Blumenthal reported on the upcoming move of the AFM to the ninth floor of its current building and discussed the general financial status of the AFM. Discussion held. Blumenthal excused.

Gagliardi called the meeting into executive session at 11:38. Gagliardi called the meeting out of executive session at 12:28. It was moved and seconded to approve the holiday bonuses as presented. Discussion held. Motion carried unanimously.

Executive Board member Burridge excused at 12:35. Local 802 counsel Mars, Director of Organizing and Field Services Winkler, Principal Jazz Representative Weeks, and Senior Business Rep Paulina present. Mars presented a collective bargaining agreement between Local 802 and Kaufman Music Center covering accompanists. Recording Vice President Schwartz excused at 12:47. Executive Board member Sharman took minutes. Discussion held. Mars presented a Memorandum of Agreement (MOA) between Local 802 and Children’s Orchestra Society. Discussion held. Mars, Winkler, Weeks and Paulina excused. It was moved and seconded to approve for ratification the agreement with Kaufman Music Center. Discussion held. Motion carried unanimously. It was moved and seconded to approve for ratification the MOA with Children’s Orchestra Society. Discussion held. Motion carried unanimously.

Schwartz present at 12:59. Schwartz presented requests from eight members for leaves of absence from Broadway shows. It was moved and seconded to approve the leaves of absence as submitted. Discussion held. Motion carried unanimously.

Executive Board member Garnett reported on the listening session at The Town Hall on November 28, 2018 sponsored by the Mayor’s Office of Nightlife. Discussion held. Meeting adjourned at 1:15 p.m.

NOTE: The Executive Board did not meet on Dec. 11, 2018. Also, as Allegro went to press, the minutes from the Dec. 18, 2018 meeting had not yet been approved for publication.

TUESDAY, JANUARY 8, 2019

Meeting called to order at 11:10 a.m. by President Krauthamer. Present: Financial Vice President Fisher, Recording Vice President Schwartz, Executive Board members Axelrod, Cohen, Donovan, Frawley, Hoyt, Shankin.

Jonathan Kantor present.

Executive Board member Paisner joined the meeting by telephone.

Minutes from December 18, 2018 reviewed.

Discussion held.

Executive Board member Shankin presented a resolution to the board as follows:

Whereas Article 1, Section 5 (gg) of the Bylaws of the Association provide that the Executive Board shall appoint, for a term not to extend beyond its own term of office, an Executive Director and such assistant directors, up to a maximum of three assistant directors, as it may deem proper and prudent to carry out the work of the local, and it shall determine his/her/their powers and duties and

Whereas, the Executive Board deems it proper and prudent to appoint an Executive Director and an Assistant Executive Director,

It is hereby resolved as follows:

  1. Adam Krauthamer is hereby appointed Executive Director for a term to expire on December 31, 2021.
  2. As Executive Director, Mr. Krauthamer shall be Chief Executive Officer of the Association. In addition to the authority, powers and duties as Chief Executive Officer, Mr. Krauthamer shall have the power to order paid all just bill against the Association up to $25,000.
  3. Jonathan Kantor is hereby appointed Assistant Executive Director, with the title of Managing Director and Senior Advisor. His term shall expire on December 31, 2021, and he shall have such authority, powers and duties as the Executive Director shall assign to him. Mr. Kantor shall have leave to attend all sessions of the Executive Board.
  4. The compensation of the Executive Director and Assistant Executive Director shall be as prescribed in Article 1, Section 5 (gg) of the bylaws except that the compensation of Mr. Kantor shall be supplemented by $157 weekly.

It was moved and seconded to amend the resolution to permit each appointment to be considered separately.

Discussion held.

Motion carried unanimously.

It was moved to amend the resolution to have all bills brought before the financial vice president.

Discussion held.

Motion withdrawn.

It was moved and seconded to appoint Adam Krauthamer as Executive Director.

Discussion held.

Motion carried unanimously.

It was moved and seconded to appoint Jonathan Kantor as Managing Director and Assistant Executive Director.

Recording Vice President Schwartz requested information as to Mr. Kantor’s role, salary, responsibilities and reportage in the position of Managing Director and Assistant Executive Director.

Kantor excused.

Discussion held.

Motion carried, Schwartz opposed.

Director of Organizing and Field Services Winkler present.

President Krauthamer and Winkler reported on preparations for the negotiation of a successor collective bargaining agreement between Local 802 and The Broadway League.

Discussion held.

Krauthamer reported on the strike by Actors Equity Association (AEA) on the producers of developmental theatrical works and his communications with officers of AEA.

Discussion held.

Winkler and Krauthamer reported on visits to various Broadway orchestra pits to engage with members.

Discussion held.

Winkler excused.

Kantor present.

Krauthamer presented the Local 802 Non-Discrimination Policy to address staff reports of workplace harassment.

Kantor reported on the policy.

Discussion held.

Krauthamer reported on the process of developing a non-discrimination policy to address reports from members of workplace harassment.

Discussion held.

Krauthamer reported on the formation of subcommittees of the Executive Board and appointed Board members Cohen, Donovan, Kainuma and Paisner to the Finance Subcommittee.

Discussion held.

Financial Vice President Fisher presented 2019 Public Service Agreement Scales and requested approval of those rates.

It was moved and seconded to approve the Public Service Agreement Scales as submitted.

Discussion held.

Motion carried unanimously.

Fisher presented requests from North/South Consonance, Inc. to utilize Public Service Agreement Scales for rehearsals and performances at Christ & St. Stephen’s Church, 120 West 69th Street, NY, NY on January 10, 11 and 13, 2019, on February 14, 15 and 17, 2019, and on March 14, 15 and 17, 2019.

It was moved and seconded to approve the requests from North/South Consonance, Inc. as submitted.

Discussion held.

Motion carried unanimously.

Schwartz requested the Executive Board confirm the results of an email poll undertaken by the former administration approving the memorandum of agreement (MOA) between Local 802 and American Symphony Orchestra for ratification by the bargaining unit.

It was moved and seconded to confirm the poll with the caveat that the board has not seen the results of that poll or the MOA and that the board will review all decisions of the former board made after the December 4, 2018 election.

Discussion held

Motion carried unanimously.

Executive Board member Kainuma present at 12:57.

Board recessed at 12:58.

Board resumed at 1:03.

Krauthamer reported on his attendance at Winter JazzFest.

Discussion held.

Controller Camiolo present.

Camiolo presented the October 2018 financial report.

Discussion held.

Krauthamer requested that the following statement be read into the minutes:

As the incoming president my top priority is to bring forth a balanced budget. As you may know this union has been running budget deficits for the last several years. That is unsustainable and has been progressively weakening this union’s finances. If our finances become unstable that will compromise all the things we are trying to accomplish. I have therefore directed that all unfunded programs, including the Emerging Artists Program, be put under review. I expect this review will be accomplished by the end of April 2019.

Camiolo excused.

Schwartz presented requests from seven members for leaves of absence from Broadway shows.

It was moved and seconded to approve the leaves of absence as submitted.

Discussion held.

Motion carried unanimously.

Personnel Administrator Mejia and Payroll Manager and Accounts Payable Specialist Taylor present.

Mejia and Taylor presented information to the board on payroll procedures.

Discussion held.

Mejia and Taylor excused.

Meeting adjourned at 2:16 p.m.