TUESDAY, AUGUST 28, 2001

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

Aug. 21 minutes unanimously accepted as amended.

Discussion held on the new AFM bylaw that allows local officers who are also members of a bargaining unit represented by the local to deliberate or vote on issues affecting that bargaining unit. (See Aug. 14 and 21 minutes.)

Assistant Director Lennon reported on his attendance at the Theatre Musicians Association (TMA), Regional Orchestra Players Association (ROPA) and International Conference of Symphonic, Opera and Ballet Musicians (ICSOM) conferences. Lennon’s full report was scheduled to appear in the October issue of Allegro. President Moriarity reported on his attendance at the TMA and ICSOM conferences. Discussion held on the activities of the various conferences.

Moriarity reported on recording activity in NYC by Local 802 musicians for the nonunion record company Jive Records. A string quartet had been identified as performing on some recently released CDs on the Jive label in disregard of AFM and Local 802 bylaws and Local 802’s previously-announced campaign against dark date and nonunion recording. Discussion held.

Gale excused at 1:15 p.m.

Organizing Director Eisman and Senior Organizer Elsila appeared before the board to submit a contract for teachers and accompanists employed by The Early Ear, Inc., a group of schools devoted to teaching music to young children. This followed a difficult organizing campaign and long negotiations. Discussion held on the contract. Motion made and carried unanimously to approve.

Lennon distributed a letter from Delia Peters, attorney at law for the George Balanchine Foundation, with information about a video project that delineates the relationship between Balanchine’s choreography and Stravinsky’s music. She requested the use of one minute and 20 seconds of music from the ballet video of Danse Concertantes made by the School of American Ballet workshop. After discussion, Lennon was directed to obtain more specific additional information regarding the project and the use of the video. He was also directed to obtain a statement of responsibility for the use of any music used in this project.

Controller Bogert submitted 31/2 percent salary adjustments for several supervisory personnel from anniversary date of hire. Motion made and carried unanimously to approve.

A previously-tabled motion that had been made on Aug. 21 – to purchase a quarter-page ad in the Chicago Local 10-208 Centennial Journal – was amended, to mandate that Local 802 purchase a full-page ad. Motion made and carried unanimously to purchase a full-page ad for $750.

Motion made and carried unanimously to purchase an ad in the upcoming Latin Grammy Awards journal for $1,000, in conjunction with the International RMA.

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

1. Heidi Stubner, from the Broadway production Annie Get Your Gun, from Aug. 14-19, for personal reasons.
2. James Baker, from the Broadway production The Music Man, from Aug. 31-Sept. 9, to perform at the Moab Music Festival.
3. Brian Hamm, from the Broadway production Les Misérables, from Aug. 27-Sept. 4, for personal reasons.
4. Andrew Sterman, from the Broadway production The Music Man, from Sept. 9-23 and from Oct. 2-Nov. 11, to perform out of town.

Meeting adjourned at 1:45 p.m.

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TUESDAY, SEPTEMBER 4, 2001

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, Landolfi, Reynolds, Rohdin, Shankin and Weiss, Controller Bogert, Assistant to the President Dennison, Assistant Director Lennon, Jazz Advisory Committee Liaison Owens.

Aug. 28 minutes unanimously accepted as amended.

Price submitted a request from the Broadway On Broadway (BOB) Company, LLC, for a waiver of the live performance fee, at Public Service scale, for certain conductors and extra musicians from shows taking part in the Sept. 9 program. These conductors and musicians usually accompany performers from the individual shows in one or more selections to highlight each participating Broadway production. Discussion held, during which Assistant Director Lennon, Assistant to the President Dennison and Price were asked to research previous BOB shows to determine past practice for these services.

President Moriarity reported on special CD sets issued by the New York Philharmonic during the last four years. This is under a special AFM agreement with NY Philharmonic management, negotiated by Local 802 and the orchestra committee. He advised the board that a request will be forthcoming for a new CD encompassing the tenure of conductor Kurt Masur. Moriarity outlined the history of the previous negotiations and the agreements reached prior to the current discussions. He advised the board that he will be attending a meeting today for further negotiations for that CD release. Moriarity excused at 12:15 p.m. to attend a New York Philharmonic orchestra meeting at Lincoln Center.

Discussion continued on recording by symphonic orchestras and the AFM and ICSOM positions regarding same.

Joy Portugal, Editor of Allegro, appeared before the board to discuss the Music Support Supplement for the November issue. She solicited input from the board for appropriate topics and possible articles. After discussing other possibilities for other issues Portugal was thanked and excused.

The board discussed the schedule for upcoming meetings. There will be no meeting on Sept. 11, to enable board members to participate in political activity related to the primary election. The next meeting will be on Monday, Sept. 17, at 11:15 a.m., due to the Rosh Hashanah holiday on Tuesday, Sept. 18. Member Reynolds requested that the board attend a meeting of the Public Relations Subcommittee on Tuesday, Oct. 2, at 10 a.m. with representatives of rank-and-file committees and other Local 802 members, to participate in the discussion and help execute aspects of the Live Music Campaign. Gale excused at 1:07 p.m. during the preceding.

Meeting recessed at 1:15 p.m.

Meeting resumed at 2:25 p.m.

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

Director of Organizing Eisman appeared before the board to introduce newly-hired organizer Milton Charles to the board. The board welcomed Charles to Local 802, and then Eisman and Charles were excused.

Reynolds distributed the mission statement of the Live Music/Public Relations Subcommittee of the AFM Local 802 Executive Board. Along with this, Reynolds submitted the operations procedure the subcommittee had adopted. Discussion held. Motion made and carried unanimously to approve the mission statement and operating procedures.

Financial Vice-President Hafemeister informed the board that she will attend a meeting in Los Angeles of the Joint Committee of Film Producers and the AFM to discuss music preparation of film scores. She will report back to the board on her return.

Price distributed material from member Herbert Wekselblatt, former member of the Metropolitan Opera Orchestra committee, now retired, regarding payment for use of Metropolitan Opera Orchestra archival material in radio broadcasts. Wekselblatt’s request for an appointment to appear before the board to discuss the payment was granted. Moriarity informed the board of the terms and conditions of the existing agreement for these broadcasts.

Dennison and Price submitted payroll information and previous minutes regarding payment of musicians in previous Broadway on Broadway performances. Discussion held. Motion made and carried unanimously to deny the request for a waiver of payment and to require payment of these musicians in accordance with past practice.

Lennon submitted a letter from Abba Bogin, contractor of the Queens Symphony Orchestra, requesting concert scale payment for a performance of a Zarzuela, a Spanish light opera, instead of the opera/ballet scale. Discussion held, during which concern was expressed that the orchestra would be in the pit for the performance. Motion made and carried unanimously to deny the request as long as the orchestra is in the pit for the performance.

Crow excused at 3:47 p.m. during the foregoing.

Business Rep Kirk Kelly appeared before the board with information regarding the National Labor Committee, an activist movement in support of worker and human rights. Kelly explained the NLC’s mission and requested that the union become a member of the organization at the basic rate of $250. Kelly excused. Discussion held. Motion made and carried unanimously that Local 802 become a member of the NLC at a cost of $250.

Moriarity reported on his meeting with the New York Philharmonic orchestra committee. He advised the board that the orchestra management had made another proposal in further negotiations. Discussion held.

Motion made and carried unanimously to purchase a full-page advertisement, at a cost of $175, in the commemorative journal published for their Spring 2001 Gala by Metro NY Health Care For All.

Meeting adjourned at 4:30 p.m.

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MONDAY, SEPTEMBER 17, 2001

Meeting called to order at 11.25 a.m. Present: President Moriarity, Recording Vice-President Price, Executive Board members Blumenthal, Crow, Gale, Reynolds and Shankin, Controller Bogert, Assistant to the President Dennison, Assistant Director Lennon. Financial Vice-President Hafemeister excused due to lack of air transportation from California, where she had attended an AFM meeting.

President Moriarity advised the board that the Metropolitan Opera Orchestra will participate in the pre-opening benefit performance for World Trade Center (WTC) Disaster Relief, and that the orchestra has requested permission to donate their services for this cause.

Motion made and carried unanimously to approve the request and encourage Local 802 members to contribute their services to legitimate musical activities associated with World Trade Center relief during the immediate crisis.

Assistant Director Lennon submitted an agreement with St. Luke Chamber Ensemble, Inc., that covers terms and conditions of employment of musicians for the December 2001 Asia Tour. Lennon discussed the terms and conditions with the board. Motion made and carried unanimously to approve the agreement, subject to ratification by the orchestra.

Jazz Advisory Committee Liaison Owens present at 11:35 a.m. Board member Giannini present at 11:40 a.m. and Weiss present at 11:45 a.m. during the foregoing.

Moriarity reported that a number of hotels had given notice to musicians for termination of employment.

Moriarity reported on meetings held on Friday, Sept. 14, with theatre owners, producers and entertainment unions. A proposal was advanced by management to use the proceeds and wages of one performance for a donation to World Trade Center disaster relief. The second meeting at Actors’ Equity was attended by the Broadway Fact Finding Committee, which includes management, and then a separate session was held with only the unions in attendance. Discussion held on theatre attendance figures and the financial results submitted by the producers.

Members Herbert Wekselblatt and C.E. Van Norman, Jr., retired members of the Metropolitan Opera Orchestra, appeared before the board with regard to the payment made for the use of Met archival radio broadcasts. Wekselblatt presented the position that payment should also be made to the musicians who performed the original broadcasts. Under a longstanding agreement between management and a previous orchestra committee, only the current orchestra members receive payment for these broadcasts. Moriarity responded and reviewed the background of the original agreement. Discussion held. Wekselblatt and Van Norman excused.

Director of Organizing Eisman and Senior Organizer Elsila appeared before the board to request that faculty and accompanists employed by The Early Ear be allowed to join the union at the organizing rate of $65. (See Sept. 10 minutes.) Discussion held. Motion made and carried unanimously to make the $65 organizing rate available to the bargaining unit until Oct. 30.

Moriarity submitted a request from the N.Y. Public Library for the Performing Arts to use recorded excerpts of theatrical performances documented by the Theatre on Film and Tape Archive. The five excerpts of Broadway shows would be used during the exhibition to mark the reopening of the newly renovated facility at Lincoln Center. Motion made and carried unanimously to approve.

Discussion held on donations to be made to organizations for World Trade Center disaster relief. Motion made and carried unanimously to donate $1,000, to be divided among four organizations to be selected in the amount of $250 each.

Assistant to the President Dennison reported that the Nederlander nonunion off-Broadway production of Reefer Madness at the Variety Arts Theatre is now in previews and will open soon. He requested that an advertisement asking the public to boycott the show be purchased in the Village Voice newspaper at a cost of $6,000. Motion made and carried unanimously to approve.

Dennison reported on the Actors’ Fund sponsorship of a benefit performance of Dream Girls for Equity Fights AIDS at the New Victory Theatre. This performance, to be televised, will be paid for by the Nonesuch record label under union contract.

Controller Bogert distributed the August vouchers.

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

1. Dan Lipton, from the Broadway production The Full Monty, from Sept. 1-16, for personal reasons.
2. Theresa MacDonnell, from the Broadway production 42nd Street, from Aug. 21-Sept. 6, for personal reasons.
3. Tom Christensen, from the Broadway production 42nd Street, from Aug. 31-Sept. 9, for personal reasons.
4. Ron Oakland, from the Broadway production Aida, from Sept. 11-30, to perform on tour with American Ballet Theatre.
5. John Korba, from the Broadway production The Rocky Horror Show, from Sept. 7-15, to work out of town.

Meeting adjourned at 1:30 p.m.

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THURSDAY, SEPTEMBER 20, 2001

Meeting called to order at 11:15 a.m. Present: President Moriarity, Recording Vice-President Price, Financial Vice-President Hafemeister, Executive Board members Blumenthal, Crow, Gale, Giannini, Reynolds, Rohdin and Shankin, Controller Bogert, Assistant to the President Dennison, Assistant Director Lennon, Jazz Advisory Committee Liaison Owens.

President Moriarity reported on his attendance at the New York City Central Labor Council executive council meeting that discussed the volunteer efforts of members of various trades in the ongoing cleanup and rescue operation at the World Trade Center. NYS Federation of Labor President Denis M. Hughes, who attended the meeting, said that the process for obtaining unemployment benefits and workers’ compensation would be streamlined.

Moriarity further reported that Metropolitan Opera management had received pledges of $2.4 million for the benefit scheduled for Sept. 22.

Moriarity reported on his attendance at a Sept. 19 meeting of unions with the League of American Theatres and Producers. The League made specific proposals: that closing notice be waived during this period, that all proceeds from one Saturday performance from all theatres across the country be given to the relief fund, and that a benefit be organized along the lines of Broadway on Broadway. The producers also proposed a reduction in wages and benefits to 70 percent of minimum scale for the following five shows: Chicago, Rent, The Full Monty, The Phantom of the Opera and Les Misérables. This was calculated by actual figures to represent a reduction of 42 percent for Local 802, 46 percent for Actors’ Equity and 38 percent for IATSE Local One (stagehands). Discussion held, during which Local 802 and AFM bylaws were reviewed, including requirements for notification to the bargaining unit of possible changes in the terms and conditions of the contract. Moriarity suggested that, under the emergency powers provided in the AFM bylaws, the AFM President could mandate changes.

The board recessed while AFM President Lee was called to discuss this issue and to obtain his assistance in enabling Local 802 to accommodate the League proposals. Board member Weiss present at 12:40 p.m. during the recess. Owens excused at 1:00 p.m.

Meeting resumed at 1:00 p.m.

Moriarity returned after communicating the foregoing to AFM President Lee and reported his willingness to assist Local 802, subject to advice of legal counsel.

Motion made that:

Whereas: The Local 802 Executive Board recognizes that the attack on the World Trade Center has created an extraordinary crisis for our city and its working people, and

Whereas: This attack has created an emergency situation for the Broadway Theatre industry that threatens our members’ jobs and the ongoing health of live theatre in New York, and

Whereas: In response to this crisis, theatre unions and producers have been meeting to fashion a response to this crisis, and

Whereas: IATSE has directed its Broadway local to agree to temporary salary reductions and that these same reductions have been agreed to by Actors’ Equity, and

Whereas: The Local 802 Executive Board is not permitted to “waive any of the terms of any collective bargaining agreement entered into by the local” and is “expressly forbidden to grant concessions which lower wage scales or minimums,” and

Whereas: Union policy had been to require membership ratification of any modifications in collective bargaining agreements, and

Whereas a news conference is called for this day to announce the theatre unions’ response to the industry crisis,

Therefore be it resolved: That the Local 802 Executive Board requests that the AFM President use his emergency powers as granted under Article 3, Section 4(a), to respond to this crisis in a way that seeks to protect our members’ jobs, preserve our theatre industry and that is consistent with the actions of the other theatre industry unions.

Motion made and carried unanimously to approve the foregoing.

Meeting adjourned at 2:00 p.m.