TUESDAY, AUGUST 12, 2003

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

Minutes of Aug. 5 unanimously approved as amended.

Board member Weiss present at 11:45 a.m. during the previous discussion.

Financial Vice-President Hafemeister submitted a request from the Organizing Department for additional strike benefits for two striking Metropolitan Opera Guild teaching artists who had to pay $200 to reschedule their return flight to New York after being evicted from their hotel rooms in Mississippi. Motion made and carried unanimously to approve.

President Moriarity distributed copies of a legal brief from Local 802 legal counsel that had reference to Local 802’s concern regarding the legality of two of the four bylaw resolutions submitted by member Clay Ruede (see minutes of Aug. 5).

It was the opinion of Local 802 legal counsel that the resolutions would improperly limit the statutory right of members to vote and run for union office and would not be upheld if challenged. Discussion held. Counsel’s opinion was to be published in Allegro as part of the Executive Board comment on the bylaws. Further discussion held on the other bylaws that were to be submitted at the next meeting.

Moriarity submitted a report by real estate consultant Brian Weld that recommended an increase in the rental paid by the Health Benefits Plan to Local 802. Motion made and carried unanimously to direct Local 802 HBP trustees to submit the rental increase at the next HBP trustees’ meeting.

Motion made and carried unanimously to donate $250 to the Charlie Parker Jazz Festival to be held on Aug. 23-24 at Marcus Garvey Park and at Tompkins Square Park.

Moriarity distributed an article from the New York Times that reviewed a performance of the Opera Company of Brooklyn and its use of the virtual orchestra in place of live music. Discussion held.

Assistant to the President Dennison reported on his discussion with the League of American Theatres and Producers, Inc. regarding “Broadway on Broadway” and the League’s request for waiver on certain payments to musicians for this engagement (see minutes of Aug. 5). It was recommended that Dennison communicate to the League that their request for a waiver of payment for the live performance was denied; however, their request for a waiver of the “same day” restriction on two of the included broadcast rehearsal hours would be allowed if the League agreed to include the overture as part of the local cable presentation. Such waiver would require approval of the musicians on the engagement. Discussion held. It was recommended that Dennison communicate to the League that the overture be played on camera without the interference of the showing of the credits.

Dennison reported on a Central Labor Council meeting that dealt with supporting the Verizon CWA workers in their negotiations with management. The support included a Campaign Against Corporate Greed at Verizon that was to be instituted and ongoing during the negotiations.

Senior Business Rep Donovan appeared before the board to submit a contract with FBNY Limited Partnership c/o John Freedson for the production of a show entitled, “Forbidden Broadway 2001 A Spoof Odyssey” appearing at the Douglas Fairbanks Theatre. Motion made and carried unanimously to approve.

Moriarity reported that a NY Philharmonic musician who had been placed on extended probation as a result of arbitration had received tenure.

Price distributed to the board a list of Broadway musicians for whom he had granted leaves of absence.

Meeting adjourned at 1:15 p.m.

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TUESDAY, SEPTEMBER 2, 2003

Meeting called to order at 11:35 a.m. Present: President Moriarity, Recording Vice-President Price, Financial Vice-President Hafemeister, Executive Board members Gale, Giannini, Rohdin, Shankin and Weiss, Controller Bogert, Assistant to the President Dennison, Assistant Director Lennon, Jazz Advisory Committee Liaison Owens.

Minutes of Aug. 12 unanimously approved as amended.

Board member Crow present at 11:45 a.m. during the previous discussion of the minutes.

President Moriarity noted that the Actors’ Fund sent a thank-you note for the donation of time and talent by members of Local 802 who participated in the fund-raising success of Auction of 1000 Stars.

Motion made and carried unanimously to reimburse Mike Ishii for $140 for expenses incurred for activities associated with the recent Broadway theatre strike.

Motion made and carried unanimously to purchase a full page ad at $750 in the Association of Theatrical Press Agents and Managers journal that will celebrate its 75th Anniversary.

Moriarity reported on ongoing negotiations with the League of American Theatres and Producers for the “Broadway on Broadway” event that was to take place on Sept. 7. Price reported that he and MPTF Trustee Berman had been also involved in seeking additional funding from MPTF for the event. Discussion held.

Moriarity reported that the Organization of Union Representatives (O.U.R.) had been awarded, in an arbitration proceeding, an increase in wages to 3 percent from 2.5 percent in the third year of the O.U.R. contract. The arbitration award was the result of a disputed salary clause in the contract.

Moriarity reported on his attendance at the ICSOM conference in Vail, Colorado and on his subsequent attendance at the Theatre Musicians Association (TMA) conference in Fort Worth, Tex. Much of the discussion at the TMA meeting centered on the virtual orchestra use by theatrical road companies. Assistant Director Lennon had attended both conferences and gave his overview of the proceedings.

Financial Vice-President Hafemeister present at 12:30 p.m. during the previous report.

Price submitted retirement agreements for two staff employees. Discussion held during which Moriarity recommended Local 802 seek opinion from legal counsel on the agreements.

Meeting recessed at 1:10 p.m.

Meeting resumed at 2:20 p.m.

Present: Moriarity, Price, Hafemeister, Crow, Gale, Rohdin, Shankin, Weiss, Bogert, Dennison, Lennon and Owens.

Senior Business Rep Delia appeared before the Board to submit a contract with Dicapo Opera Theatre. Motion made and carried unanimously to approve.

Delia submitted an agreement with the New York Collegium, Inc. Motion made and carried unanimously to approve.

Business Rep Charles appeared before the board to submit the budget of $9439.16 for the Labor Day Parade. This year’s parade was to be a co-ordinated presence with other entertainment unions including Actor’s Equity and Local 1, IATSE. Broadway musicians John Arbo, Michael Ishii and Michael Christianson would be co-ordinating an effort to turn out a large delegation of Broadway musicians to volunteer their time and talent to march and play in the parade.

Senior Business Rep Donovan appeared before the board to submit an agreement with the FAME New York Company for a production of “Fame – the Musical” being produced at the Little Shubert Theatre at 422 West 42nd Street. Motion made and carried unanimously to approve.

Moriarity reported that a show entitled “Harmony,” presently on a break-in out of town, had planned to open in New York. However, that opening was to be delayed due to the lack of an available theatre, which could in turn cause a possible hiatus payment to musicians. Management was seeking some relief from this possible payment.

Meeting adjourned at 3:15 p.m.

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TUESDAY, SEPTEMBER 9, 2003

Meeting called to order at 11:30 a.m. Present: Recording Vice-President Price, Financial Vice-President Hafemeister, Executive Board members Blumenthal, Crow, Gale, Giannini, Reynolds, Rohdin, Shankin and Weiss, Jazz Advisory Committee Liaison Owens. President Moriarity excused to attend a meeting at the AFM-EP Fund.

Minutes of Sept. 2 unanimously approved as amended.

Motion made and carried unanimously to purchase one ticket @ $55 to the Coalition of Black Trade Unionists, Long Island Chapter, Fall Gala and Awards Dinner on Oct. 30.

Discussion held on the Labor Day Parade. The board requested a final financial report that would include the cost of the bands, float and refreshment, hats and shirts which were distributed to the participants. Assistant to the President Dennison and Assistant Director Lennon present at 12:05 p.m. during the discussion.

Board member Blumenthal reported on his attendance at the recent ICSOM conference. He included a reference to the controversial new St. Paul Chamber Orchestra agreement which gives the orchestra committee a measure of control in artistic decision making and in the hiring and dismissal process. It was noted that this type of agreement carries risks which may interfere with collective bargaining.

President Moriarity present at 12:30 p.m. Moriarity apprised the board of a request from contractor Seymour “Red” Press to permit a musician to take a leave of absence up to a maximum of six months from the Broadway show “Chicago.” Discussion held.

Contractor Press and member Leslie Stifelman appeared before the board to make a request for Stifelman to take a leave of absence from the Broadway show “Chicago” in order to accept the position of pianist and associate conductor, without run of the show, at the new production of “Wonderful Town.” It was noted in the request that member Stifelman had performed in the Encores Production of “Wonderful Town” at City Center. After the request Stifelman and Press were excused. Discussion held with respect to the Broadway agreement, board policy, consideration of the bylaws and its effect on the request. Stifelman and Press returned for further discussion.

Meeting recessed at 1:30 p.m. Meeting resumed at 2:15 p.m.

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

An article from the New York Times was distributed that recognized a significant turnout of musicians at the Labor Day Parade.

Board member Landolfi reported on the new contract of the New Jersey Symphony Orchestra.

Further discussion held on the previous leave of absence request. Motion made and carried not to approve the request to take a leave from one Broadway show to accept another Broadway show because, under the Broadway agreement, the musician would contractually hold run-of-the-show rights at both shows which is not permitted under Local 802 bylaws. Opposed: Reynolds.

The following members of the theatre committee appeared before the board: Clay Ruede, Mary Whitaker, Marc Goldberg, Jan Mullen, Nancy Billman and Sheryl Henze. Local 802 legal counsel Leibowitz also present. The theatre committee members were present to participate in the discussion of the following request.

Moriarity submitted a request from the management of the new Broadway show “Wonderful Town” that sought to waive a hiatus payment to musicians. In accordance with the Broadway agreement a hiatus payment would have to be paid by the producers since the rehearsal period would not be continuous. The hiatus is for one week and the required payment would be for eight shows. Discussion held during which several possible solutions were considered. Moriarity indicated that he would communicate with management to discuss a possible settlement of their request.

Meeting adjourned at 4:00 p.m.

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TUESDAY, SEPTEMBER 23, 2003

Meeting called to order at 11:40 a.m. Present: Recording Vice-President Price, Financial Vice-President Hafemeister, Executive Board members Blumenthal, Crow, 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-Employers Pension Fund meeting. Financial Vice-President Hafemeister chaired the meeting.

Minutes of Sept. 16 unanimously approved as amended.

Board members Reynolds present at 11:50 a.m., Gale present at 11:55 a.m., Giannini present at 12:00 p.m., Landolfi present at 12:20 p.m. during the previous discussion.

Price submitted a recommendation for a promotion and salary increase for a staff employee in accordance with Local 153’s agreement. Discussion held. Motion made and carried unanimously to approve the recommendation as amended.

Price submitted a possible severance agreement for a retired employee. Discussion held. Motion made to pay an amount based on length of service. Further discussion held. Motion made and carried to table the previous motion and suspend further discussion. Opposed: Gale.

Meeting recessed at 1:15 p.m. Meeting resumed at 2:30 p.m. Present: Price, Hafemeister, Blumenthal, Crow, Gale, Landolfi, Rohdin, Shankin, Bogert, Dennison.

Motion made and carried unanimously to approve the vouchers of August 2003.

Controller Bogert recommended salary increases of 3 percent for three non-bargaining unit staff employees as of anniversary date in September 2003. Motion made and carried unanimously to approve. Board member Crow excused. Bogert recommended salary increases of 3 percent for 3 staff employees to be effective at their anniversary dates in October 2003. Motion made and carried unanimously to approve. Crow returned and Lennon present.

Bogert distributed and discussed financial reports for July and January through July 2003. Owens present and Crow excused at 2:47 p.m.

Assistant to the President Dennison reported that a nonunion road company of “Miss Saigon” was to play in Boston and sought to engage five Local 9-535 (Boston) AFM musicians to augment the small group of musicians performing with a virtual orchestra in the show. The traveling musicians were not covered by a union agreement. Local 9-535 and its theatre musician members refused to perform with the virtual orchestra and the nonunion company. Local 9-535 members along with Actors Equity and union stagehands picketed the show. As a show of support, Dennison recommended that Local 802 offer strike benefits to the affected Boston musicians. Motion made and carried unanimously to pay $200 to each musician, total $1000 for strike benefits in recognition of union solidarity.

Dennison reported an agreement with the producers of a documentary film entitled,”Broadway, the Movie.” This film would show musicians in performance, rehearsals and various aspects of Broadway theatrical events under the rules of B-roll footage without additional payment. The Coalition of Broadway Unions and Guilds have also agreed to waive fees due their members for this project. This film would focus on all aspects of Broadway theatre production and performance. This project had the approval of the theatre committee. Discussion held. Motion made and carried unanimously to approve.

Dennison submitted a request from “Healthy Kids PAC” to purchase tickets to an event that would honor Mayor Bloomberg, council member Christine Quinn and speaker Gifford Miller for their strong support of the New York City Clean Air Act. Motion made and carried unanimously to purchase two tickets @ $250 each, for a total of $500, from TEMPO802.

Senior Business Rep Delia appeared before the board to submit a document outlining the New York Collegium Orchestra Committee’s criteria to include non-tenured Collegium musicians who are outside the Primary Hiring List in the upcoming New York Collegium contract ratification vote. Discussion held. Motion made and carried unanimously to approve the criteria established by the Collegium Orchestra Committee for the non-tenured list to vote on the agreement.

Assistant Director Lennon submitted an agreement with the Little Orchestra Society (LOS) covering terms and conditions for a benefit gala on April 26, 2004. Compensation for these services would be donated by rostered musicians except for health benefits. Subs and extras would be paid directly and have the option to contribute anonymously through an escrow account at Local 802. Participation would be optional. Discussion held. Motion made and carried unanimously to approve the agreement subject to ratification by the musicians.

Lennon submitted a request from the LOS for permission to use members of the Harrison (N.Y.) High School Marching Band as part of a performance of “Babes in Toyland.” The band would play less than four minutes total and would have no effect on the hiring of the usual number of Local 802 musicians for the concert. Several identical requests had been approved by the union in prior years. Motion made and carried unanimously to approve the request.

Meeting adjourned at 3:10 p.m.

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TUESDAY, OCTOBER 7, 2003

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

President Moriarity notified the board that there would be changes made in the benefits paid to musicians by the AFM Pension Fund. This was the result of stock market losses in 2002 and the necessity to meet IRS and actuarial guidelines to fully fund the anticipated pension participants to the year 2014. The final decision by the trustees on the changes was to be made by Oct. 15, 2003. Any changes would take effect going forward on Jan. 1, 2004. Discussion held during which a recommendation was made that the information regarding possible pension fund changes be sent to Local 802 members. Board member Weiss present at 11:45 a.m.

Moriarity reported that the Sinatra show scheduled to play at Radio City Music Hall (RCMH) had cancelled a number of performances. Some musicians had been engaged for the Sinatra show and had consequently engaged subs for their Broadway shows. The question arose whether they might sub in their shows on another chair as a result of the cancellation. Discussion held.

Motion made to deny the request of a musician to sub in a show on another chair. Discussion held. Motion failed unanimously.

Further discussion held. Based on the previous motion another motion was made and carried unanimously that no sub was to be disengaged due to the cancellation of the RCMH shows.

Moriarity and Assistant Director Lennon excused to attend a meeting with the New York Philharmonic Orchestra. Financial Vice-President Hafemeister in the chair.

Hafemeister reported that at a recent meeting of copyists, complaints were voiced that music preparation scales on the Local 802 Web site were confusing to the purchaser and should be removed from the public side of the Web site and displayed on the members side of the Web site only. Motion made and carried unanimously to move the music prep scales to the members only side of the web site.

Assistant to the President Dennison submitted an agreement with AWR Music LLC for the employment of musicians at the American Girl Place (AGP) for the production of a show entitled “American Girls Review”. AGP is a retail establishment that would be presenting multiple daily performances of a musical review targeted to an audience of young women. Discussion held. Motion made and carried unanimously to approve.

Minutes of Sept. 23 unanimously approved as amended.

Controller Bogert distributed the vouchers of Sept. 30.

Meeting adjourned at 1:20 p.m.

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TUESDAY, OCTOBER 14, 2003

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

Motion made and carried unanimously to pay the Coalition of Broadway Unions and Guilds for annual dues in the amount of $200.

Motion made and carried unanimously to purchase two tickets @ $200 each, total $400 to New York State AFL-CIO Labor Recognition Gala on Dec. 11.

Motion made and carried unanimously to pay $250 to the New York Committee for Occupational Safety and Health (NYCOSH) for membership renewal.

Financial Vice-President Hafemeister reported on the meetings of the Executive Board Members Orientation and Education sub-committee. Discussion held. Board member Giannini present at 11:35 a.m.

Discussion held on severance pay for retired non-bargaining unit staff. Board member Gale present at 11:45 a.m.

President Moriarity distributed a draft of a proposed bylaw resolution submitted by a board member to be considered at the February 2004 bylaw meeting that would increase the amount of funds available under the Members Legal Services Fund bylaw. Discussion held.

Supervisor of National Contracts Schaffner appeared before the board to submit a request for purchase of a copier to be used on the second floor. He distributed a spread sheet prepared by purchasing supervisor Tarbell with comparative cost of four different makes of machines. Discussion held.

Motion made and carried unanimously to authorize up to $11,000 for purchase of a copier. Schaffner excused.

Dennison reported on the progress of negotiations with Radio City Music Hall on the cancellation of performances of the Sinatra show. He reported that the four cancelled performances would be moved to the second week and a premium payment of one and one-half shows would be made in consideration of the inconvenience and missed work by the musicians. Final negotiations were to continue.

Public Relations director Beaudoin appeared before the board to discuss the general election to be held on Nov. 4. She reported that Local 802 members would be asked to volunteer for the “Vote No” campaign against a charter proposal that had been placed on the ballot to eliminate party primaries. Beaudoin distributed a schedule for distribution of literature to be handed out at various locations on Oct. 23, Oct. 30 and Nov. 4. She then distributed the six general questions that would appear on the ballot and discussed them with the board. On the first and second questions she recommended a neutral position. On question #3 the recommendation was for a no vote.

Motion made and carried unanimously to recommend a no vote on #3 which referred to a new system of city elections.

Motion made and carried unanimously to recommend a no vote on #4 which referred to city purchasing procedures.

Motion made and carried unanimously to recommend a no vote on #5 which referred to changes in Government Administration.

Motion made and carried to recommend a yes vote on #6. Opposed: Rohdin. This question referred to a commission to study reducing class size in schools.

Beaudoin submitted a telephone poll of the board that approved purchase of an ad at $500 in the Metro Health Care journal for an event that would honor President Moriarity and former Local 802 President John Glasel in addition to other labor leaders. Motion made and carried unanimously to affirm the telephone poll. Beaudoin excused.

Discussion held on the upcoming membership/bylaw meeting turnout on Oct. 21 that will consider bylaws for dues raises. It was noted that it was necessary to obtain a quorum to vote on the submitted bylaws since they referred to dues raises that can only be voted on by the membership.

Discussion held on the AFM-EP Fund revisions of benefits to pension participants. Final determination of the changes was to be made by the trustees by Oct. 15.

Meeting adjourned at 1:35 p.m.