TUESDAY, JANUARY 25, 2000

Meeting called to order at 10:45 a.m. Present: President Moriarity, Executive Board members Crow, Gale, Rosen, Shankin, Simon and Weiss, Controller Bogert, Jazz Advisory Committee Liaison Owens. Financial Vice-President Landolfi and Recording Vice-President Price were excused due to inclement weather. Bogert took the minutes.

President Moriarity presented an invoice from attorney Sheldon Engelhard in the amount of $18,942 for professional services rendered in connection with negotiations on behalf of the New York City Ballet orchestra. Motion made and carried unanimously to approve for payment $18,500, the amount allocated to this bargaining unit under Local 802 bylaws.

Moriarity reported to the board on the status of negotiations, which have gone to arbitration, between Local 802 and the Broadway Television Network (BTN). (See Jan. 11 minutes.) He distributed to the board copies of a tentative agreement reached on Nov. 5, 1999, tentative changes to that agreement, and a summary agreement to be distributed for ratification. Discussion held. Motion made and carried unanimously to approve.

Board member Giannini present at 11:45 a.m. and Board member Hafemeister present at 12:10 p.m. during the foregoing discussion.

Moriarity reported for the board’s information that the Local 802-BTN arbitration was temporarily adjourned but will be reconvened if the tentative agreement is rejected by Local 802 theatre musicians.

Moriarity presented an invoice from the Entertainment & Intellectual Property Group in the amount of $2,758.75, for professional negotiating services rendered in connection with the Smokey Joe’s Café musicians’ negotiations with BTN. (No agreement had been reached between BTN and Local 802 at the time of those negotiations. Local 802 had authorized the negotiations to proceed on a non-precedential basis.) Motion made and carried unanimously to approve the invoice for payment.

Moriarity led a general discussion of strategic planning objectives which included consideration of union democracy, organizing versus service to members, and concentration of resources.

Board member Blumenthal present at 12:50 during the foregoing discussion.

Meeting recessed at 1:00 p.m.

Meeting resumed at 2:20 p.m. Present: Moriarity, Blumenthal, Crow, Gale, Hafemeister, Rosen, Shankin, Simon, Weiss, Bogert and Owens.

Blumenthal reported to the board on his attendance at a Media Forum held at the New York Philharmonic offices on Jan. 23-24, between the AFM (including rank-and-file musicians and ICSOM and ROPA representatives) and managers of several major symphony, opera and ballet orchestras. The purpose was to create the foundation for work on an agreement covering new and emerging media (internet) in the symphonic field. Discussion held.

Giannini present at 2:30 p.m. and Crow excused at 2:45 p.m. during the foregoing discussion.

The strategic planning discussion, referred to above, resumed.

Meeting adjourned at 4:30 p.m.

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TUESDAY, FEBRUARY 1, 2000

Meeting called to order at 11:00 a.m. Present: President Moriarity, Recording Vice-President Price, Financial Vice-President Landolfi, Executive Board members Crow, Giannini, Hafemeister, Rosen, Shankin and Simon, Controller Bogert, Assistant to the President Dennison, Jazz Advisory Committee Liaison Owens.

Hafemeister, Bogert and Dennison were excused for the ensuing discussion.

President Moriarity presented to the board the officers’ recommendations for salary adjustments of 3.5 percent for a list of non-bargaining-unit employees. Motion made and carried unanimously to approve as submitted.

Weiss present at 11:10 a.m.

One additional supervisory employee recommendation was submitted to the board for an adjustment of 1.8 percent. Motion made and carried to approve. Opposed: Weiss.

A $500 bonus was awarded to employee Sandy Schaffer for her additional duties in connection with the 1998 Labor Day Parade. Motion made and carried unanimously to approve.

Hafemeister rejoined the meeting. Board member Blumenthal present at 11:15 a.m. and board member Gale present at 11:22 a.m.

The following bylaw had been submitted to the June 1999 membership meeting for consideration. Since no quorum was present for that meeting, the proposal was now being submitted for the board’s approval, in accordance with Article VIII, Section 4 of the Local 802 bylaws.

Be it resolved that the per-meeting payments to Trial and Executive Board members provided for in Article 1, Sections 5(c) and 6(c) of Local 802’s bylaws be increased to $150 per meeting. And be it further resolved that this increase be made effective upon the adoption of this bylaw.

Motion made and carried unanimously to approve the bylaw submitted, increasing the salary of Executive Board and Trial Board members to $150 per meeting, effective today.

Bogert rejoined the meeting at 11:30 a.m.

Financial Vice-President Landolfi presented for reimbursement negotiating expenses of $435.07 for L. Fader of the NYC Ballet Orchestra committee. Motion made and carried unanimously to approve.

Motion made and carried unanimously to pay $760 from the Members’ Legal Services Fund to the Entertainment and Intellectual Property Group for additional negotiations related to the agreement for videotaping pay-per-view for Smokey Joe’s Café. (See Jan. 25 minutes.)

Landolfi requested that a second grievance be added to the arbitration approved by the board against Harmonie Ensemble, Inc. The grievance will include two items: 1) recording an MPTF concert; 2) failure to hire agreed-upon musicians who had recorded a previous concert of the same music that was possibly to be released as a CD. Motion made and carried unanimously to approve the request.

Landolfi submitted a request from the New Amsterdam Singers for permission to hold an evening rehearsal at day rates to accommodate the schedules of the amateur chorus. Motion made and carried unanimously to approve, subject to the usual conditions.

Landolfi submitted an agreement with the Staten Island Symphony for concerts on Jan. 29 and 30, and attendant rehearsals. Motion made and carried unanimously to approve.

The following staff – Assistant Supervisor of Recording Schaffner, Director of New Organizing Dubnau, Business Reps Elsila, Jackson, Seymour, Eisman, Sheldon and Rodriguez – and member Marc Ribot of the Noise Action Coalition were present at the board to hear the presentation by Prof. Stanley Aronowitz and Michael Roberts of the Center for Cultural Studies of CUNY Graduate Center of an interim report on recording industry research. The study focuses on two major issues: 1) changes in the structure of the industry over the past few decades, specifically with regard to independent record labels, and how these changes may affect future AFM organizing strategies, and 2) a demographic study of musicians working in New York City clubs. This study was commissioned by Local 802 as a result of discussions with the Noise Action Coalition, a group of activist musicians seeking to improve conditions for musicians who record and perform in downtown studios and clubs. The presentation was given and discussion followed. A copy of the interim report was distributed to each person present. After the presentation Aronowitz and Roberts were thanked and all visitors were excused.

Jan. 18 minutes unanimously approved as amended.

Controller Bogert advised the board of preliminary year-end financial results.

Board member Hafemeister, Assistant to the President Dennison and Director of New Organizing Dubnau conducted the Member Education Mobilizing for Organizing (MEMO) program for the board until the meeting adjourned at 4:30 p.m.

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TUESDAY, FEBRUARY 8, 2000

Meeting called to order at 11:35 a.m. Present: President Moriarity, Financial Vice-President Landolfi, Executive Board members Blumenthal, Crow, Gale, Giannini, Rosen, Shankin and Simon, Controller Bogert, Jazz Advisory Committee Liaison Owens. Recording Vice-President Price excused for personal reasons. Bogert took minutes of the morning session.

Jan. 25 minutes unanimously approved as amended.

Board member Hafemeister present at 11:50 a.m. and board member Weiss present at 11:55 a.m.

Feb. 1 minutes unanimously approved as amended.

Moriarity reported on potential additional research into the recording industry by Prof. Stanley Aronowitz of the Center for Cultural Studies of CUNY Graduate Center (see Feb. 1 minutes). Prior to commissioning Aronowitz for such work, however, alternative approaches need to be explored as well as the needs of the Organizing and Recording departments.

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

Moriarity presented a request from the New York City Opera National Company shop steward for reimbursement of 1999 tour expenses associated with his duties, amounting to $429.84. Motion made and carried unanimously to approve.

Moriarity presented a request from the New York City Central Labor Council for a 13^th-month per-capita payment amounting to $600. Motion made and carried unanimously to approve.

Moriarity presented a request from the New York City Central Labor Council for a donation to the Jelena Fund, established to pay medical expenses for the restoration of the eyesight of a young Croatian girl. Motion made and carried unanimously to approve a $250 contribution.

Motion made and carried unanimously to approve the expenditure of up to $100 for travel expenses for Legislative Director Judy West to attend the annual Senate Labor Reception in Albany on Feb. 28.

Motion made and carried unanimously to approve a $100 donation to the United Steel Workers, Local 341, in Heath, Ohio, in support of their struggle against Kaiser Aluminum and Chemical Corporation.

Recording Vice-President Price present at 12:45 p.m.

Meeting recessed at 1:00 p.m.

Meeting resumed at 2:15 p.m.

Present: Moriarity, Price, Landolfi, Blumenthal, Crow, Hafemeister, Rosen, Shankin, Simon and Bogert.

Business Rep Donovan appeared before the board to present a renewal of Local 802’s agreement with the Secrets Revue Co., L.P. for their production of Secrets Every Smart Traveler Should Know. Motion made and carried unanimously to approve.

Business Rep Lennon present at the meeting.

Donovan presented a contract with Our Sinatra Co., Ltd. Partnership for the production of a show entitled Our Sinatra at the Blue Angel Theatre. Motion made and carried unanimously to approve.

Donovan presented a contract with the Illyria Theatre, Inc. for the production of a show entitled Splendora at the Chelsea Playhouse. Motion made and carried unanimously to approve.

Donovan presented a contract with the Hourglass Group Ltd. for the production of a show entitled Sex at the Gershwin Hotel, Living Room at 7 East 27th Street. Motion made and carried unanimously to approve.

Donovan presented a contract with J&G Mann Productions, Inc. of Ft. Lauderdale, Florida, for the production of a show entitled Sophie, Totie and Belle at Theatre Four in New York City. Motion made and carried unanimously to approve.

Donovan advised the board that the Theatre Department had received inquiries from a producing company, organized as a not-for-profit, about negotiating terms and conditions for a workshop that would differ from the workshop agreements now in use. Lennon explained to the board that previous discussions and negotiations had been held with established Broadway producers who are in the theatrical for-profit business, and that the resulting agreements reflected that fact in the scales established for wages, benefits, terms and conditions. Discussion held, during which it was suggested that definitions be established for the various activities in the genre such as workshops, readings, presentations, backers’ auditions, etc. Moriarity suggested that criteria and definitions be obtained from Actors’ Equity that would be helpful to Local 802 in setting guidelines. Various strategies were discussed. Lennon and Donovan were asked to report back to the board with additional information. Donovan and Lennon excused.

Director of New Organizing Dubnau and Business Rep Elsila appeared before the board with a contract for the Guitar Study Center of the New School University. The contract was reviewed and discussed. Motion made and carried unanimously to approve.

Weiss present during the foregoing discussion.

Elsila requested that the newly-organized initiation fee of $65 be made available to any instructors who wish to join the union. Motion made and carried unanimously to approve the request to make the discounted initiation fee of $65 available to Guitar Study instructors who wish to join the union within 30 days after ratification of the contract. Dubnau and Elsila excused.

Discussion held on Broadway Television Network (BTN). Moriarity informed the board that BTN would be taping Putting it Together, the Sondheim show with Carol Burnett, for pay-per-view before the show closes. Discussion held.

Meeting adjourned at 3:25 p.m.

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TUESDAY, FEBRUARY 15, 2000

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

Feb. 8 minutes unanimously approved as amended.

President Moriarity reviewed the Broadway Television Network (BTN) pay-per-view situation. He indicated that a problem with music preparation for BTN is being dealt with by Music Preparation Supervisor Hafemeister. Another problem that needs to be addressed is payment for substitute musicians who perform on some of the shows that are considered rehearsal time for the pay-per-view taping. BTN has established a procedure wherein they tape four or five shows before the run is finished and use the last show for the finished product and the prior ones for rehearsal blocking, balance, etc. Discussion held, during which an administrative decision was made that if a substitute plays a portion of the show, e.g. one performance, s/he will be paid, in addition to the show performance fee, a TV rehearsal payment for the hours worked based on the pay-per-view scale, as is the current custom/practice in the television industry.

Jazz Advisory Committee Liaison Owens present at 11:45 a.m. during the previous discussion.

Moriarity advised the board that the sixth floor conference room is in need of a conference table and suitable chairs. Local 802 legal counsel Leibowitz, who is a tenant on the sixth floor, is willing to buy the table and requested the union to furnish the chairs. Discussion held.

Discussion held on theatrical workshop agreements. (See Feb. 8 minutes.)

Moriarity advised the board of ongoing negotiations with the management of the upcoming revival of the Broadway show Jesus Christ, Superstar regarding the number of musicians to be engaged. The previous New York production used 26 musicians, and management has requested fewer musicians than that number for its new production. This show will be appearing at the Ford Theatre, where there is no agreement in place.

The Board was advised that the grievance Local 802 is bringing against the Broadway show Saturday Night Fever had been set for arbitration on May 11. The special situation panel had mandated that management hire six additional playing musicians, and Local 802 is contesting their use of six Actors’ Equity vocalists who sing in the orchestra pit to double as six instrumentalists to fulfil the musician minimum requirements.

Moriarity reported to the board that the Metropolitan Opera Extra Musicians have engaged legal counsel I. Philip Sipser to negotiate their next contract. Under the Local 802 bylaws, the bargaining unit is entitled to a maximum of $16,000 from the Members’ Legal Services Fund. Counsel Sipser, whose fee will total $22,500, requested a part payment of $5,000 in advance of the negotiations. Discussion held. Motion made and carried unanimously to advance a payment of $5,000 to legal counsel for the Metropolitan Opera Extra Musicians’ contract negotiations.

Public Relations Director Judy West appeared before the board with a proposal for a public relations campaign that will focus on the use of live music and have the following objectives: 1) to create an awareness on the part of New York audiences, 2) to increase resistance to the use of taped or recorded music and 3) to create an organic alliance with the audience. After the discussion the board recommended that West resubmit the proposal with more specific data and information.

Gale excused at 1:03 p.m.

Meeting recessed at 1:20 p.m.

Meeting resumed at 2:35 p.m.

Present: Price, Landolfi, Blumenthal, Crow, Gale, Giannini, Hafemeister, Rosen, Shankin, Simon, Weiss, Bogert and Owens.

Price submitted on behalf of the Coordinating Advisory Committee (CAC) a request that they be allowed to appear on the portion of Local 802’s web site accessible to the general public as well as on the members’ only portion of the web site. They see this as an opportunity to inform the public of the CAC functions and its possible use as a recruitment incentive. The board approved the request if it is made clear that funds or grants for specific projects are made to members only and not to the general public.

Business Rep Donovan appeared before the board to present a contract with the T.N.T. Company for the off-Broadway production of Tony N’ Tina’s Wedding at St. Luke’s Church. This is a three-year renegotiation and extension of the preceding contract. Motion made and carried unanimously to approve.

Donovan presented a contract with the Helen Hayes Performing Arts Center in Nyack, N.Y., for all productions using live music at the center. This contract was negotiated with the approval of Poughkeepsie Local 238-291, in whose jurisdiction the theatre is located. Motion made and carried unanimously to approve.

Donovan submitted an agreement with the Royal Family, Ltd. for a pre-Broadway workshop agreement for The Royal Family at the Manhattan Theatre Club rehearsal space at 311 West 43rd Street. Motion made and carried unanimously to approve.

Dennison present at 2:50 p.m.

Senior Organizer Seymour appeared before the board with a request from the janitors’ union, SEIU Local 32B-32J, for Local 802’s help in supplying a music ensemble for a protest rally to be held on Feb. 24 outside Cooper Union. Cooper Union, which has switched from one non-union cleaning service to another, is holding a commemoration of Lincoln’s speech at the Cooper Union Great Hall on that day. The rally will include a theater piece and music of the period. Discussion held. Motion made and carried unanimously to contribute the difference between $150 and the cost of three musicians at Public Service rates.

Meeting adjourned at 3:05 p.m. to attend the scheduled general membership meeting.

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TUESDAY, FEBRUARY 22, 2000

Meeting called to order at 11:15 a.m. Present: President Moriarity, Recording Vice-President Price, Financial Vice-President Landolfi, Executive Board members Blumenthal, Crow, Hafemeister, Rosen, Shankin and Simon, Assistant to the President Dennison.

Feb. 15 minutes unanimously approved as amended.

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

1. Anthony Kadleck, from the Broadway production Beauty and the Beast, from Dec. 17-25, to work on a recording project.
2. Jan Mullen, from the Broadway production The Phantom of the Opera, from Jan. 10-19, for personal reasons.
3. Mitchell Weiss, from the Broadway production Les Misérables, from Jan. 17-Feb. 20, to perform with the Metropolitan Opera orchestra, with the proviso that he not substitute in Les Misérables during that period.
4. Cynthia Kortman, from the Broadway production The Lion King, from Jan. 12-23, for personal reasons.
5. Christopher Parker, from the Broadway production Saturday Night Fever, from Jan. 30-Feb. 6, for personal reasons.
6. Clay Ruede, from the Broadway production Annie Get Your Gun, to extend his prior leave of absence from Dec. 31, 1999, through Jan. 20, 2000, for personal reasons.
7. Ted Nash, from the Broadway production Cats, from Feb. 12-March 17 and from April 9-May 19, to perform out of town.
8. Jack Gale, from the Broadway production Miss Saigon, from Feb. 9-12, to play the Encores! production of On A Clear Day at City Center, with the proviso that he not substitute in Miss Saigon during that period.
9. Belinda Whitney, from the Broadway production Beauty and the Beast, from Feb. 9-13, to play the Encores! production at City Center, with the proviso that she not substitute in Beauty and the Beast during that period.

Board member Gale and Controller Bogert present at 11:30 a.m.

President Moriarity distributed for the board’s information lists of AFM B-4 phonograph contracts and AFM B-8 television videotape contracts performed in Local 802’s jurisdiction, dated 10/01/99 through 2/09/2000. These lists were prepared in Local 802’s National Contracts Recording Department by Assistant Supervisor Jay Schaffner.

A letter was received from Edgar Dobie, managing producer of Tony Award Productions, who requested a waiver of the live performance fee for the orchestra for the telecast/ceremony to be held at Radio City Music Hall on June 4. This waiver has been granted for these shows for many years. Discussion held. Motion made and carried to grant the request. Opposed: Rosen.

A letter was received from Edgar Dobie outlining the terms and conditions for the one-hour WNET 13 program, The Tony Awards, that will air on PBS prior to the network telecast on CBS. The conditions will be as follows: 24-hour notice to all participants prior to any filming, a fee of $50 to each musician whose performance appears on the program, pension contributions of 10% for musicians. Dobie asked for the local’s cooperation for this part of the Tony Awards show. Motion made and carried unanimously to approve the PBS portion of the Tony Awards telecast.

Moriarity reported that a member in a theatre had asked the local to conduct an investigation into sexual harassment charges brought by that member against other personnel in the theatre. Discussion held. The union will fulfill its responsibility to the member and will engage a neutral third party, with legal experience in the field, to conduct the investigation.

Moriarity reported to the board on the new media conference he attended on Feb. 20 and 21 with management representatives of symphony, opera and ballet orchestras. Also attending were representatives of the AFM, ICSOM, ROPA orchestras and the American Symphony Orchestra League. The discussion concerned the internet and its uses for promotion, marketing and advertising of the various musical groups.

Board member Weiss present at 12:45 p.m. during the previous discussion.

Moriarity excused at 12:50 p.m. for union business.

Financial Vice-President Landolfi submitted a contract with Dennis Mackrel Music, Inc. for employment of musicians. Motion made and carried unanimously to approve.

A memorandum was submitted from the CAC for payment in the amount of $350 for labor courses at Cornell Labor Studies for member Lee Soper. Board member Hafemeister recommended that CAC funds in the amount of $450 be used to pay for a MEMO train-the-trainer course taken by Soper and 802 reps Elsila and Voccola last month. Motion made and carried unanimously to concur with the CAC for these expenditures, totalling $800.

Meeting recessed at 1:00 p.m.

Meeting resumed at 2:15 p.m.

Present: Price, Landolfi, Crow, Gale, Hafemeister, Rosen, Shankin, Simon, Weiss, Bogert and Dennison.

Business Rep Donovan appeared before the board to submit a workshop agreement with the Overture Theatre Company, organized as a not-for-profit group, presenting a production entitled Femme Fatale. The agreement was for this production only. Motion made and carried unanimously to approve.

Moriarity present at 2:40 p.m.

Donovan submitted an agreement with Big Bang 2000 L.P. for a production entitled The Big Bang at the Douglas Fairbanks Theatre. Motion made and carried unanimously to approve. Donovan excused.

Jazz Advisory Committee Liaison Owens present at 3:00 p.m.

Discussion held about the schedule of strategic planning meetings.

Nadia Benlarbi, an AT&T account executive for wireless services, appeared before the board to make a presentation on AT&T wireless services for members, staff and elected officials. After her presentation she answered questions from the board and was then excused with thanks. Discussion continued on strategic planning.

Crow excused at 3:50 p.m.

Meeting adjourned at 4:30 p.m.