Executive Board Minutes
January 4, 2000 -- January 18, 2000
Volume C, No. 3March, 2000
TUESDAY, JANUARY 4, 2000
Meeting called to order at 11:35 a.m. Present: President Moriarity, Recording Vice-President Price, Financial Vice-President Landolfi, Executive Board members Crow, Gale, Giannini, Hafemeister, Rosen and Shankin, Assistant to the President Dennison.
President Moriarity advised the board that the health provision in the New York Philharmonic contract had been renegotiated to modify a requirement that, when musicians’ health costs paid for by management escalate to a certain plateau, the musicians then become liable for a portion of the costs, payable weekly. The original contract terms call for payment of up to $40 a week per musician. The recent negotiations resulted in an agreement to modify this provision to a payment of up to $15 in the agreement’s fourth year and up to $20 a week in the fifth and sixth years, as well as an increase in the copayment for certain prescription drugs. This is a contract modification, which requires board approval before a ratification vote by the orchestra can be held. Discussion held. Motion made and carried unanimously to approve the modification as outlined.
Controller Bogert present at 11:50 a.m.
Moriarity reported that Allegro had received an advertisement from a company that offered to prepay royalty payments to musicians for an unstated fee. Discussion held on whether to accept the ad. Decision postponed until further information could be obtained.
Moriarity distributed a letter that he had received from a member of the NYC Ballet Orchestra Musicians’ Guild, requesting information about a possible modification and waiver in the recently negotiated contract regarding the amount of taping allowed for educational purposes. The member also indicated that non-members of the NYCB Orchestra Association had been barred from the meeting that discussed this contractual issue and said that these non-members of the Association who are regular members of the orchestra would like the guaranteed voting rights of the bargaining unit on contract matters.
Moriarity excused to attend a meeting of the New York Philharmonic orchestra to discuss the modification of the health provision in the orchestra agreement.
Minutes of Dec. 21, 1999, unanimously approved.
Price reported to the board that he had granted the following leaves of absence:
- Jeffrey Carney, from the Broadway production Beauty and the Beast, from Dec. 18, 1999, through Jan. 9, 2000, to perform on tour.
- Caryl Paisner, from the Broadway production Beauty and the Beast, from Dec. 13, 1999, through Jan. 2, 2000, for personal reasons.
- Glen Estrin, from the Broadway production Beauty and the Beast, from Jan. 2-Feb. 27, for personal reasons.
- Anthony Cecere, from the Broadway production Beauty and the Beast, from Jan. 7-17, to perform with the Mahler Festival Orchestra in Boulder, Colo.
- Valerie Naranjo, from the Broadway production The Lion King, from Jan. 13-Feb. 19, to perform in Australia and to record a CD.
- Kathleen Foster, from the Broadway production Les Misérables, from Dec. 28, 1999, through Jan. 10, 2000, to perform in South Carolina and for personal reasons.
- Mitchell Weiss, from the Broadway production Les Misérables, from Dec. 27, 1999, through Jan. 2, 2000, for personal reasons.
- Joyce Hammann, from the Broadway production The Phantom of the Opera, from Dec. 20, 1999, through Jan. 9, 2000, for personal reasons.
- David Smith, from the Broadway production The Phantom of the Opera, from Jan. 17-29, to tour with the New York Philharmonic.
Meeting adjourned at 12:30 p.m.
TUESDAY, JANUARY 11, 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 and Jazz Advisory Committee Liaison Owens.
President Moriarity reviewed the history of negotiations between Local 802 and Broadway Television Network (BTN) for pay-per-view. The negotiations began almost two years ago and had proceeded sporadically until recently, when BTN obtained the rights for pay-per-view from the producers of Smokey Joe’s Cafe, in accordance with the League agreement. The negotiations reached an impasse and BTN filed for arbitration, as provided in the League agreement. BTN became signatory to the AFM PBS agreement and, under that agreement, planned to videotape the last five shows of Smokey Joe’s Cafe, which had posted a closing notice setting the final show for Jan. 16, 2000.
Members Sari Goetz of the Music Directors’ Committee, Larry Rawdon, chair of the Theatre Committee, and Brian Brake, Theatre Committee representative from the Smokey Joe’s Cafe orchestra, appeared before the board to inform the board of the videotaping by BTN. Rawdon informed the board that the cast, all featured performers, had negotiated an overscale agreement with BTN for the taping and that the orchestra planned to also negotiate with the producers for additional payment, and to use the same legal counsel as the cast. Rawdon asked whether the union may use the Legal Services Fund to support the orchestra as featured performers in their pursuit of additional compensation. Discussion held. Rawdon was advised that the union would examine the situation in light of the bylaws and consider the request upon submission. Goetz, Rawdon and Brake excused.
Moriarity informed the board that incidental music for the Manhattan Theatre Club (MTC) production of a new musical entitled Wild Party had been recorded and a contract filed, following the usual Local 802 procedure.
Michael Keller, music supervisor of Wild Party, and Local 802 Business Rep Donovan appeared before the board to discuss the use of the recording in the show. Keller informed the board that the recording (MIDI sequence) used synthesizer programming to add Latin percussion to one number in the musical. He was informed that the synth programmer must be paid on a separate line in the contract for each different instrument sound used in the recordings: in this case, five lines.
Meeting recessed at 1:20 p.m.
Meeting resumed at 2:30 p.m.
Present: Moriarity, Price, Landolfi, Crow, Gale, Giannini, Hafemeister, Rosen, Shankin, Simon, Weiss, Bogert, Dennison and Owens.
Discussion held on the recording for the MTC production of Wild Party.
The CAC requested that information regarding the availability of funds for special projects be shown on Local 802’s non-member web site as an inducement for membership in the local. Recording Vice-President Price submitted a CAC poster outlining this information. Discussion held. Motion made and carried unanimously that information regarding special project funds be made available on the non-member web site, with the proviso that it be made clear that these funds are for projects submitted by members only.
Financial Vice-President Landolfi submitted requests for reimbursement of NYC Ballet Orchestra negotiation expenses for negotiating committee members as follows: Gerhardt Koch, $520.49; Jane Cochran, $567.24; Jay Blumenthal, $770.50. Motion made and carried unanimously to approve these reimbursements.
Landolfi submitted an agreement with IRR, Inc., for a Jan. 9 concert and attendant rehearsals. The employer also became signatory to the AFM Documentary and Industrial Film Agreement for the purpose of producing an archival video recording of the memorial service concert for family members. Motion made and carried unanimously to approve.
Landolfi submitted a settlement agreement with the Queens Symphony for engagements that were performed without filing union contracts, in violation of the collective bargaining agreement then in force. Landolfi outlined the settlement agreement, which included pension and health benefit payments in addition to wages calculated on Local 802 Public Service scales. Motion made and carried unanimously to approve.
A request was received from the New York Philharmonic Orchestra Committee for legal services funds in accordance with 802 bylaws to reimburse their legal counsel, I. Philip Sipser, who negotiated the modification in the agreement’s health provision. (See Jan. 4 minutes.) Reimbursement in the amount of $2,500 was requested. Motion made and carried unanimously to approve.
Controller Bogert distributed the financial statements for November 1999.
Business Rep Donovan appeared before the board to submit an agreement for a production entitled Saturday Night at the 2econd Stage Theatre. She reviewed the agreement for the board and answered questions about it. Motion made and carried unanimously to approve.
Crow excused at 3:45 p.m.
Discussion held on BTN.
December 1999 vouchers were distributed to the board.
Weiss and Hafemeister excused at 4:35 p.m.
Natasha Jackson, recently-hired business rep for the jazz field, was introduced to the board by Landolfi. Jackson presented an agreement with Jack Kleinsinger, d/b/a Highlights in Jazz, for employment of musicians. Motion made and carried unanimously to approve.
Discussion held on staff personnel.
Meeting adjourned at 5:00 p.m.
TUESDAY, JANUARY 18, 2000
Meeting called to order at 11:30 a.m. Present: President Moriarity, Recording Vice-President Price, Executive Board members Crow, Giannini, Hafemeister, Rosen and Shankin, Controller Bogert and Assistant to the President Dennison. Financial Vice-President Landolfi excused while on vacation.
Jan. 4 minutes unanimously approved as amended.
Price distributed copies of the Jan. 11 CAC minutes for the board’s information and concurrence with a request from Jazz Advisory Committee Liaison Owens for reimbursement of anticipated expenses of $1,120 for his participation at a seminar during the International Association of Jazz Educators Conference in New Orleans, Jan. 12-16. Motion made and carried unanimously to approve the request for reimbursement and concur with the $1,120 CAC grant.
A request was received from the DAN Legal Team for financial assistance for protesters at the World Trade Organization’s recent meeting in Seattle who face legal action and whose cases have not been dismissed. The donation will pay for defendants’ travel expenses and DAN legal office expenses. Motion made and carried unanimously to contribute $200.
Board member Weiss present at 11:40 a.m. Board member Gale present at 11:45 a.m.
A request was received from the Recording Musicians’ Association of Los Angeles for Local 802’s participation in purchasing a joint advertisement in the NARAS Grammy Journal, the cost of which to be shared by three locals – New York, Los Angeles and Nashville – with the balance picked up by the AFM. Local 802’s cost would be up to $1,500. Motion made and carried unanimously to participate up to $1,500, with the proviso that all participating locals contribute a like amount.
President Moriarity distributed copies of a letter from Financial Vice-President Landolfi detailing the status and providing information about the grievance against the Harmonie Ensemble, Inc., as well as letters from several musicians in support of the Harmonie Ensemble. (See Dec. 21 minutes.)
Jazz Advisory Committee Liaison Owens present at 12:00 p.m.
Discussion held on the Harmonie Ensemble grievance. Motion made and carried unanimously to table any action at this time.
Moriarity advised the board that the Broadway Television Network (BTN) arbitration will take place on Jan. 19. He further informed the board that the musicians of the Smokey Joe’s Cafe orchestra had negotiated a special rate of $4,180 for the videotaping of last weekend’s performances, which became the rate for pay-per-view for that show.
New Organizing Director Dubnau and Business Rep Seymour appeared before the board to present information regarding a concert by Mid-America Productions that is to take place without benefit of a contract being filed. The orchestra includes many Local 802 members, who asked the union to look into the situation. In the event the orchestra does not play the engagement due to failure to reach agreement with Mid-America Productions, Seymour asked the board to consider strike benefits of $75 per musician. Motion made and carried unanimously to approve.
Gale excused at 12:42 p.m. Seymour excused.
Dubnau informed the board that Restaurant Workers Local 100 has a campaign to organize the workers in the cafeteria that Restaurant Associates operates in the Metropolitan Opera House. He asked Local 802 to endorse the campaign. Motion made and carried unanimously to endorse.
Moriarity reported to the board that the American Theatre Wing gives charitable performances in hospitals. Discussion held.
Motion made and carried unanimously to purchase two tickets at $150 each, for a total of $300, for the NYC Labor Council dinner-dance on March 18.
Board member Blumenthal present at 1:00 p.m.
Discussion held on Lincoln Center orchestras.
Meeting recessed at 1:10 p.m.
Meeting resumed at 2:20 p.m.
Present: Moriarity, Price, Blumenthal, Crow, Giannini, Hafemeister, Rosen, Shankin, Simon, Weiss, Bogert and Owens.
Controller Bogert reviewed and discussed the previously-distributed November 1999 financial statements. Discussion held on the financial condition of the local.
Motion made and carried unanimously to approve the previously-distributed December 1999 vouchers.
Sumner Rosen, a director of the Five Borough Institute, a non-partisan research and educational organization allied with labor and other liberal groups, appeared before the board to discuss the Institute’s mission. This organization encourages the development and implementation of sound and progressive public policies. After his presentation Mr. Rosen was thanked and excused.
Jan. 11 minutes unanimously approved as amended.
Discussion held on union leadership and various negotiation methods and results.
Crow excused at 3:48 p.m.
Meeting adjourned at 4:10 p.m.