TUESDAY, DECEMBER 4, 2001

Moriarity, Recording Vice-President Price, Financial Vice-President Hafemeister, Executive Board members Blumenthal, Gale, Giannini, Landolfi, Reynolds, Shankin and Weiss, Controller Bogert, Assistant to the President Dennison, Jazz Advisory Committee Liaison Owens.

Nov. 27 minutes unanimously approved as amended.

Financial Vice-President Hafemeister submitted a request from Cathedral Productions to pay day rehearsal rates for an evening rehearsal on Wednesday, Dec. 19, from 6 until 9 p.m., to accommodate the schedules of the amateur singers of the chorus. Players would be allowed to miss this rehearsal without penalty if they have a performance conflict. Motion made and carried unanimously to approve.

Hafemeister reported on the status of negotiations with the N.Y. Pops. A strike authorization vote of the orchestra had taken place, with the result overwhelmingly in favor. The ballot box was opened during the board meeting and the votes were counted with orchestra committee members in attendance. Motion made and carried unanimously to approve strike authorization. Discussion held on strike benefits to be paid if necessary. Motion made and carried unanimously that, in the event of a strike, each musician be paid $50 for each of two services/rehearsals missed and $50 for each missed service/concert, plus an additional $50 for each picket service up to a maximum of two, for a possible total of $300 in strike benefits. Hafemeister and board member Blumenthal excused to attend negotiations.

Price reported to the board that he and two staff members had attended a presentation and demonstration of office copiers by the Savin Co. He submitted the proposal made by that company. After discussion, he was directed to conduct further negotiations with Northern Business Systems and to obtain more information regarding the maintenance contract proposal.

Price submitted for the board’s approval the promulgated Music Performance Trust Fund (MPTF) scales for the fiscal year beginning May 1, 2002. The committee consisted of elected officers and rank-and-file members who work in MPTF engagements. The new scales will be published in the upcoming issue of Allegro. Discussion held. Motion made and carried unanimously to approve the MPTF scales as submitted.

Meeting recessed at 1:20 p.m.

Meeting resumed at 2:00 p.m.

Present: Moriarity, Price, Gale, Landolfi, Reynolds, Shankin, Weiss, Bogert, Dennison, Owens.

Price distributed the minutes of the Nov. 13 CAC meeting, which included a grant for $950 for a Holiday Gospel Spotlight to be held on Dec. 7. Discussion held. Motion made and carried unanimously to concur with the funding of the Gospel Committee’s holiday event in the amount of $950.

The CAC also funded the music preparation services project of the Small Theatre Committee, presented by member Ned Ginsburg, for an eight-page, two-color brochure, at a cost of $7,551. The brochure would educate purchasers of music preparation services, in order to promote union work in this field. Motion made and carried unanimously to concur with CAC funding of the music preparation project for $7,551.

President Moriarity submitted a summary of the contract reached in negotiations between the New School University Jazz and Contemporary Music Program and Local 802. Motion made and carried unanimously to approve the contract, subject to receiving acceptable language regarding the grievance clause. Giannini present at 2:13 p.m., during the foregoing.

Moriarity reported that the AFM held negotiations last week with the League of American Theatres and Producers for Pamphlet B touring theatrical productions. Negotiations are to resume in January 2002. Discussion ensued.

Moriarity reported that a grievance had been filed in Detroit, Local 5, against presenter Larry Allen after Local 802 member Bobby Short’s manager reported that $15,000 of Short’s fee had not been paid for a Sept. 19 engagement in Detroit. Member Short had signed an AFM contract that included grievance and arbitration procedures. The hearing was to be scheduled for Dec. 19, 2001.

Moriarity reported that two grievances had been filed under the Broadway agreement: one against Mamma Mia, for failure to pay the required premium for the synthesizer players, and the other against The Producers, for failure to pay overtime for one show that ran beyond the three-hour time span.

Moriarity advised the board that the arbitrator has heard summary arguments in the matter raised by management trustees of the AFM-EP Fund, who brought an action to raise eligibility levels and change the death benefit. The decision is to be given within 30 to 60 days.

Moriarity reported that an audit of Warner Brothers Records by the AFM-EP Fund revealed that many CD albums for the period 1991-1994 had not been filed with the AFM. Warner Brothers made a settlement of one million dollars for pension obligations with the AFM-EP Fund. Moriarity noted that he had been appointed to research the personnel lists and make a recommendation to the pension fund for the apportionment of settlement money to pension accounts of the musicians involved in the recordings.

Owens excused at 2:50 p.m.

Moriarity advised the board that negotiations for a new motion picture film agreement, between the AFM and the Motion Picture Producers of America, would be held in Los Angeles in February. He suggested that the board consider sending our officers and supervisors of the Recording Department to the negotiations.

Assistant to the President Dennison reported that several musicians who had been performing pro bono at various memorial services in connection with the World Trade Center disaster had inquired about the possibility of being reimbursed for special transportation and cartage expenses. In the discussion that followed, it was noted that donations by board members and officers to the Emergency Relief Fund could be used for that purpose.

For the board’s information, Moriarity played the tapes of the radio commercials currently airing on WINS. The board expressed approval of the tapes.

Controller Bogert submitted the bond purchase program recommended by H.G. Wellington & Co., Inc., to Bogert and the finance subcommittee. Their recommendation was to continue to invest approximately half of the funds in U.S. Treasury Bills, and to invest the rest in short-term Federal Home Loan Bank bonds, with staggered maturity dates, for a higher yield. (See Oct. 23 minutes.) Motion made and carried unanimously to approve the investment program as submitted.

Bogert distributed the November 2001 vouchers.

Meeting adjourned at 3:20 p.m.

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TUESDAY, DECEMBER 11, 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, Shankin and Weiss, Controller Bogert, Assistant to the President Dennison, Jazz Advisory Committee Liaison Owens.

Dec. 4 minutes unanimously approved as amended. Board member Blumenthal present at 11:30 a.m. during the foregoing.

Financial Vice-President Hafemeister requested that the board affirm a telephone poll taken on Dec. 7 regarding the N.Y. Pops orchestra. Motion made and carried unanimously to affirm the poll, which had approved the memorandum of agreement negotiated by Local 802 and N.Y. Pops management. Hafemeister distributed the memorandum of agreement to the board.

Hafemeister submitted a request from Opera Orchestra of N.Y. (OONY) to make and release a recording of a previously-recorded NPR broadcast of the opera Les Huguenots. The proceeds of this recording, which would be sold directly by OONY, would benefit victims and heroes of the World Trade Center disaster. Opera Orchestra management asked that Local 802 waive any further payment due musicians for the release of the recording. Discussion held. Motion made to approve the request subject to approval by the AFM and a two-thirds affirmative vote of the orchestra. Further discussion ensued. Motion made and carried unanimously to table, pending further consultation and discussion with the orchestra committee.

Price submitted the Christmas bonus list for 802 staff and providers of services to the union, as prepared by the office manager, for the board’s information and approval. Discussion held. Motion made and carried unanimously to approve the list as submitted, in the amount of $9,700.

Price reported on office copier proposals. He will continue to negotiate and report back to the board. (See Nov. 27 minutes.)

Discussion held on the possibility of providing and organizing legal services for members. This would include services provided by the AFL-CIO’s Union Privilege program and by Volunteer Lawyers for the Arts.

Moriarity reported on the ratification process now under way for a contract covering the New School jazz faculty.

Price reported that the Trial Board hearing scheduled for Thursday, Dec. 13, had been postponed until January of 2002 at the request of several of the members charged.

Moriarity reported on his attendance at the Electronic Music Media Forum in Milwaukee on Dec. 10. The meeting, which was also attended by representatives of ICSOM, ROPA and OCSOM, was to discuss electronic media concerns and formulate strategies for AFM orchestras to address them.

Moriarity reported that a grievance hearing had been held with the League regarding failure to pay the required premium for synthesizer players in the Broadway production of Mamma Mia. This grievance was denied by the League. The overtime grievance against The Producers was also denied (see Dec. 4 minutes). Local 802 was reviewing both matters for possible arbitration.

Assistant to the President Dennison distributed an agreement with the Vivian Beaumont Theatre, Inc., dba Lincoln Center Theatre, for performances of Barbara Cook Sings Mostly Sondheim at the Vivian Beaumont Theatre. Motion made and carried unanimously to approve.

Controller Bogert distributed financial statements for October 2001 and the period January through October, 2001. He explained the statements and answered questions from the board. A discussion was held that included preliminary budget projections for 2002.

Meeting adjourned at 1:20 p.m.