TUESDAY, APRIL 23, 2002

Meeting called to order at 11:27 a.m. Present: Recording Vice-President Price, Financial Vice-President Hafemeister, Executive Board members Blumenthal, Crow, Gale, Landolfi, Reynolds, Rohdin, Shankin and Weiss, Controller Bogert, Assistant to the President Dennison, Assistant Director Lennon, Jazz Advisory Committee Liaison Owens. President Moriarity excused to attend AFM Pamphlet B negotiations. Meeting chaired by Hafemeister.

Minutes of April 9 and April 16 unanimously approved as amended.

Assistant Director Lennon submitted a request from member/contractor Sharon Moe on behalf of the Marble Collegiate Church choir for permission to pay day rates for an evening rehearsal on April 27, from 7 until 10 p.m., to accommodate the chorus’ work schedule. Discussion held on the request, during which the board mandated at least two weeks’ advance notice for future requests of this nature so that musicians may have the option of sending a substitute in the event of a conflict of engagements with the night rehearsal. Motion made and carried unanimously to approve the request, subject to the proviso that future requests be made at least two weeks in advance of the rehearsal.

Lennon submitted a memorandum of agreement with the Long Island Philharmonic. He explained the agreement and discussion followed. Motion made and carried unanimously to approve, subject to a secret ballot ratification vote of the orchestra.

Lennon submitted a memorandum of agreement with the Brooklyn Philharmonic Symphony Orchestra, Inc. He explained the agreement and discussion followed. Motion made and carried unanimously to approve, subject to a secret ballot ratification vote of the orchestra.

Price reported that a Trial Board hearing had been held on April 22 and that it rendered decisions on two cases that had been presented to it. The Trial Board minutes will be published in the next issue of Allegro.

Senior Business Rep Donovan appeared before the board to submit an agreement with the Willow Cabin Theatre Company for incidental music for the production of Odyssey at St. Clement’s Episcopal Church and Theatre at 423 West 46th Street. Motion made and carried unanimously to approve.

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

1. Anthony Cecere, from the Broadway production Beauty and the Beast, from April 7-16, to play performances with the NJ Symphony and the Philadelphia Brass Quintet, with the proviso that he not substitute in Beauty and the Beast during that period.
2. KeriAnn Di Bari, from the Broadway production Beauty and the Beast, from April 17-27, to perform and coach in Connecticut and Maine.
3. Suzanne Ornstein, from the Broadway production Beauty and the Beast, from April 18 through the matinee of April 27, to take part in the artist-in-residence program in Sun Valley, Idaho.
4. Theresa MacDonnell, from the Broadway production 42nd Street, from April 4-11, for personal reasons.
5. Michael Migliore, from the Broadway production 42nd Street, from April 16-21, for personal reasons.

Meeting adjourned at 1:18 p.m.

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TUESDAY, APRIL 30, 2002

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, Rohdin, Shankin and Weiss, Controller Bogert, Assistant to the President Dennison, Assistant Director Lennon.

April 23 minutes unanimously approved as amended.

Assistant Director Lennon reported that, in the freelance concert orchestra field, the Long Island Philharmonic contract had been ratified unanimously. Lennon reported on the status of negotiations with the New York Chamber Symphony. He submitted a memorandum of agreement with the American Symphony Orchestra and indicated that a ratification meeting would be held on May 3. Discussion held. Motion made and carried unanimously to approve the agreement, subject to a secret ballot ratification vote by the orchestra. Board members Weiss present at 11:35 a.m. and Landolfi at 11:50 a.m. during the previous discussion.

Price read a letter from a school guidance counselor, describing the positive interaction between the musicians and a young blind student after an MPTF concert. The letter will be published in the next issue of Allegro.

President Moriarity reported to the board on the following matters: the Metropolitan Opera Librarians unanimously ratified the recently signed agreement; the Emergency Relief Fund would donate $2,400 to the Actors’ Fund for the Nederlander Actors’ Fund benefit; a tentative recommendation for a settlement of the Warner Bros. AFM-EP audit had been formulated, subject to further Fund discussion. Moriarity noted that the AFM and theatrical producers had reached a new tentative Pamphlet B touring agreement.

Gale and Giannini excused at 12:35 p.m.

Gabriella Klett from National Income Life Insurance Co. appeared before the board to make a presentation regarding life insurance, health services and a best benefits program for members. After her presentation she was thanked and excused.

Moriarity presented further details of the AFM Pamphlet B contract, whose four-year term will run from March 31, 2001, to March 31, 2005. It includes a 2 percent retroactive wage increase in the first year, 21/2 percent in the second year and 3 percent in both the third and fourth years. The per diem will achieve immediate parity with Actors’ Equity terms, going from $700 per week to $742, with further increases scheduled in the third and fourth years. Discussion held.

Meeting recessed at 1:15 p.m.

Meeting resumed at 2:30 p.m.

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

Board member Blumenthal reported on the (Russian) Kirov Orchestra recording of the sound track of a Hollywood film score, made while the orchestra was in the U.S. to perform at the Kennedy Center. The AFM issued a protest to the Immigration and Naturalization Service, contending that the Kirov Orchestra had breached the terms of its visa, which only allowed it to play at the Kennedy Center. Discussion held on possible action which may be taken to address the situation.

Assistant to the President Dennison submitted an archival audio-video recording agreement with the AFL-CIO for the 2002 Worker Memorial Day program that took place at Trinity Church in New York City on April 26. Motion made and carried unanimously to approve.

Senior Business Rep Sheldon appeared before the board and, with Dennison, reported on the audio-video recording of a tribute jazz concert at Riverside Church. Those recording the concert wish to use the recording in a documentary film honoring a leading jazz artist. It was reported that Local 802 was in possession of the audio-video tapes, pending resolution of the issue.

Dennison submitted a request from Inside Broadway that Local 802 approve the purchase of a $1,000 ad and make a $500 contribution for a $1,500 sponsorship in the upcoming Broadway Beacon Awards Program on June 3. Discussion held. Motion made and carried to purchase a full-page ad in the program journal for $1,000. Opposed: Landolfi.

Discussion held on the Executive Board’s contribution policy.

Crow excused at 3:15 p.m. Owens excused at 3:40 p.m.

Motion made and carried unanimously to contribute $500 from TEMPO802 to the “Committee to Elect [NYS Assemblymember] Brian McLaughlin.”

Motion made and carried unanimously to contribute $250 from TEMPO802 to “[Kirk] Swanson for State Assembly.”

Moriarity reported on an initiative to reactivate the entertainment union group formerly known as the Broadway Fact-Finding Committee, and now called the Coalition of Broadway Unions and Guilds (COBUG). Former Actors’ Equity Political Director Jack Goldstein submitted a proposal to COBUG that he act as consultant to develop the coalition to become a more focused and effective professional organization. His proposal covered research, information, administration, organization and communications, for a fee of $2,400 per coalition member per annum, paid quarterly. Discussion held. Motion made and carried unanimously to approve the proposal at a cost of $200 per month for one year, at $2,400 per annum.

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

1. Charles McCracken, from the Broadway production Beauty and the Beast, from June 2-18, to work out of town.
2. Anthony Cecere, from the Broadway production Beauty and the Beast, from April 20-30, to perform with the New Jersey Symphony, with the proviso that he not substitute in Beauty and the Beast during that period.
3. Tom Christensen, from the Broadway production 42nd Street, from June 13-28, for personal reasons.
4. Claudia Hafer-Tondi, from the Broadway production The Lion King, from April 24-May 27, for personal reasons.
5. Benjamin Herman, from the Broadway production The Producers, from June 17-Aug. 18, to perform and teach at the Aspen Music Festival.
6. Katherine Canfield, from the Broadway production Les Misérables, from May 6-13, for personal reasons.
7. Samuel Kephart, from the Broadway production Les Misérables, from April 30-May 16, to perform on tour.
8. Kathleen Foster, from the Broadway production Les Misérables, from April 30-May 13, to perform abroad.

Meeting adjourned at 4:10 p.m.

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TUESDAY, MAY 7, 2002

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

April 30 minutes unanimously approved as amended.

Controller Bogert reported that approximately $7,000 had been spent on contributions by the board in 2001 and that $10,000 had been budgeted for contributions in year 2002. (See April 30 minutes.)

Long Island Supervisor Gulluscio appeared before the board to submit an agreement with the group Cadillac Moon. Motion made and carried unanimously to approve.

President Moriarity reported on a signatory club date office that had been using bands from Philadelphia, Connecticut and New Jersey in Local 802’s jurisdiction without filing appropriate contracts. A settlement which would end the practice and require the engagements to be filed with Local 802 had been discussed with the club date office. Gulluscio excused.

Moriarity reported that Actors’ Equity had submitted a petition to the National Labor Relations Board to represent actors in the touring theatrical production of The Music Man. Discussion held.

Moriarity reported that the Metropolitan Opera Extra and Associate Musicians would meet to agree on the exact language in their agreement; the Metropolitan Opera Music Staff would meet with management on May 10 to finalize their agreement; the NYC Ballet Orchestra is still in negotiations for an agreement; the Broadway show Mamma Mia grievance has been settled. A discussion was held on the status of probationary musicians in the New York Philharmonic and New York City Ballet orchestras.

A discussion was held on job security for substitutes in a Broadway show.

Financial Vice-President Hafemeister reported on the positive response to the April 26 and May 6 MEMO presentations from musicians who participated in the classes.

Hafemeister reported that Mostly Mozart would be in negotiations on May 7 and that the American Symphony Orchestra ratification vote had taken place but the ballots had not yet been counted.

Motion made and carried unanimously to endorse Eric Schneiderman for re-election to the NYS Senate.

Meeting adjourned at 12:55 p.m.

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TUESDAY, MAY 14, 2002

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

May 7 minutes unanimously approved as amended.

President Moriarity reported on the Actors’ Equity petition to the NLRB to represent the actors in the touring musical production of The Music Man (see May 7 minutes). He indicated that the AFM was considering filing a petition to the NLRB to represent the musicians in the nonunion touring production of The Music Man.

Moriarity reported that the American Symphony Orchestra agreement had been ratified overwhelmingly in a secret ballot vote of the musicians, and that the Metropolitan Opera Music Staff had reached tentative agreement, subject to Executive Board approval and bargaining unit ratification.

Board member Shankin present at 11:45 a.m.

Moriarity reviewed the Metropolitan Opera Extra and Associate Musicians agreement and reported on a meeting held with that bargaining unit during which they asked for Executive Board approval of a change in their bylaws to expedite the voting procedure for ratification of this contract only. Discussion held.

Motion made and carried unanimously that the Executive Board has no objection to the Metropolitan Opera Extra and Associate Musicians changing its bylaws, provided the procedures are in conformity with the AFM and Local 802 bylaws.

Discussion held on the bargaining unit’s request to change the procedure to suspend its bylaw pertaining to elections, and to conduct an election to fill the current vacancies on the committee simultaneously with the contract ratification.

Motion made and carried unanimously that it is the position of the Local 802 Executive Board that the terms of bargaining unit bylaws are subject to the sole discretion of the members of the bargaining unit involved, provided that they do not conflict with the bylaws of Local 802 or the AFM and provided that no rights of the employees involved are infringed.

Moriarity reported on the recent AFM Television Videotape negotiations, which had been suspended until a further date in June 2002.

Moriarity reported that he had received a request from Tony Award Productions with regard to WNET-13’s The Tony Awards on PBS. The producer requested the same terms and conditions regarding the use of clips, which would be payment of $55 to each musician whose recorded performance appears as part of a clip used on the program. Discussion held. Motion made and carried unanimously that the board agrees to the terms and conditions of the request, with the proviso that the clip use fee be increased to $60.

A report was made on the recent Atlantic City PBS TV show and live engagement organizing effort. (See minutes of April 2 and 9.)

Owens excused at 12:25 p.m.

The Metropolitan Opera Extra and Associate Musicians submitted a recommended ratification list to vote on the new agreement. Motion made and carried unanimously to approve.

Business Rep Kelly appeared before the board to submit an agreement with Jillbern Music, Inc. (a/k/a Herb Bernstein) for employment of musicians for performances with singer Michael Amante. Discussion held, after which Kelly was instructed to seek some modifications in the agreement. Kelly excused.

Business Rep Delia and Assistant Director Lennon present to submit an agreement with the Goldman Memorial Band. Delia reviewed the terms and conditions of the three-year agreement. Motion made and carried unanimously to approve. Delia and Lennon excused.

Motion made and carried unanimously to purchase a new rug for the stage and stairs of the Club Room, for $684.

Senior Business Rep Jackson appeared before the board to submit an agreement with Brooklyn Four Plus One, Inc., a/k/a Wade Barnes. Motion made and carried unanimously to approve.

Jackson submitted an agreement with Jack Kleinsinger, d/b/a Highlights in Jazz, for employment of musicians for jazz concerts. Motion made and carried unanimously to approve. Jackson excused.

Motion made and carried unanimously to purchase one ticket at $300 from TEMPO802 for a fundraiser for Manhattan Borough President C. Virginia Fields.

Dennison reported that the New York District Council of the Carpenters Union had invited Local 802 to co-host a reception during the upcoming NYS Democratic Party Convention and the spring meeting of the AFL-CIO Executive Council, both taking place at the Sheraton Hotel in NYC on May 22 and 23. Local 802’s contribution as co-host would be the cost of a band to perform at the reception. Motion made and carried unanimously to approve co-hosting the reception, at a cost not to exceed $1,000.

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

1. Ted Baker, from the Broadway production The Lion King, from May 2-13 and from May 22-Aug. 2, to perform on tour.
2. Anthony Kadleck, from the Broadway production Beauty and the Beast, from April 29-May 7, for personal reasons.
3. Ron Oakland, from the Broadway production Aida, from May 14-July 16, to perform with American Ballet Theatre at the Metropolitan Opera House, with the proviso that he not substitute in Aida during that period.
4. Sarah Adams, from the Broadway production Aida, from May 14-July 7, to perform with American Ballet Theatre at the Metropolitan Opera House, with the proviso that she not substitute in Aida during that period.
5. Lenard E. Rivlin, from the Broadway production The Phantom of the Opera, from May 10-Aug. 3, to perform with American Ballet Theatre and for personal reasons, with the proviso that he not substitute in …Phantom… during that period.

Meeting adjourned at 1:20 p.m.

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TUESDAY, MAY 21, 2002

Meeting called to order at 11:30 a.m. Present: President Moriarity, Executive Board members Blumenthal, Gale, Giannini, Landolfi, Rohdin and Shankin, Controller Bogert. Financial Vice-President Hafemeister excused to attend to union business. Recording Vice-President Price excused for medical reasons. Bogert took the minutes of the meeting.

Senior Business Rep Donovan appeared before the board to present an off-Broadway agreement between Local 802 and the Drama Department, for a production entitled Free To Be You and Me at the Greenwich House Theatre. Discussion held. Board members Hafemeister and Weiss present during the foregoing discussion. Motion made and passed unanimously to approve the agreement, with the proviso that the stated $2,000 wage scale is pensionable and applies to three weeks of rehearsals.

Donovan presented a letter of agreement between Local 802 and the New York Theatre Workshop for a production entitled Vienna: Lusthaus. Motion made and passed unanimously to approve. Donovan thanked and excused.

CAC minutes of Jan. 8, 2002, were distributed for the board’s information.

Board member Blumenthal reported on the deliberations of the Scholarship Review Panel of the Anne Walker Scholarship Fund. He presented the names of four individuals whom the panel recommended to receive scholarships in the amount of $400 each. Three recommendations were within the guidelines of the bylaw relating to the Fund. The fourth required the board’s approval. Motion made and carried unanimously to approve the panel’s recommendations. Assistant Director Lennon present during the foregoing.

Lennon reported that an agreement had been reached with the management of St. Luke’s Chamber Ensemble, Inc., and that the memorandum of agreement would be presented to the board at a future meeting.

Lennon submitted and reviewed a memorandum of agreement between Local 802 and the Riverside Symphony. Motion made and carried unanimously to approve, subject to ratification. Jazz Advisory Committee Liaison Owens present during the foregoing.

Lennon submitted a draft of a letter to musicians informing them of a possible leafleting effort in regard to the Kirov Ballet’s performances at the Metropolitan Opera in July (see April 30 minutes) and requesting their assistance in organizing the effort. Motion made and carried unanimously to approve the draft.

Lennon reported that a letter had been received from William Trigg, contractor for the New Amsterdam Singers, requesting permission to pay an evening rehearsal on May 28 at daytime rates due to the unavailability of the amateur singers during the day. Motion made and carried unanimously to approve, with the proviso that any musician unable to attend that rehearsal be released without penalty.

Moriarity reported that the cost of the band which the board had agreed to contribute to the NYS Democratic Party Convention and the Spring meeting of the AFL-CIO Executive Council (see May 14 minutes) would exceed the $1,000 authorized by the board by $200. Motion made and carried unanimously to contribute an additional $200 for this purpose.

Moriarity submitted a request from the Charlie Parker Jazz Festival, Inc., that Local 802 purchase tickets to the tenth annual Charlie Parker Jazz Festival. Motion made and carried unanimously to purchase two tickets to the event at $50 each, for a total of $100.

Moriarity submitted a request from the York Theatre Company to purchase tickets to their Oscar Hammerstein Award Gala 2002. Motion made and carried unanimously to purchase one ticket at $150.

Moriarity reported that the Metropolitan Opera Extra and Associate Musicians were in the process of ratifying their new contract.

Moriarity reported that he had received a further request from Tony Award Productions (see May 14 minutes) concerning the clip use fee for this year’s The Tony Awards. This latest request was for $57, rather than the $60 authorized by the board. He stated that negotiations continue on this matter.

Bogert presented the 2002 Local 802 General Fund budget and financial results for the four months ended April 30, 2002. Discussion held. Motion made and carried unanimously to approve the budget as presented.

Bogert presented salary adjustments for 12 supervisors who had not yet received salary adjustments this year. Bogert excused from the meeting. Motion made and carried unanimously to approve the requested increases, subject to the salary cap previously adopted by the board.

Meeting adjourned at 1:23 p.m.