TUESDAY, FEBRUARY 17, 2004

Meeting called to order at 11:30 a.m. Present: Recording Vice-President Dennison, Financial Vice-President Blumenthal, Executive Board members, Babich, Gagliardi, Gale, Landolfi, Schaffner, Shankin, Weiss, Whitaker, Controller Bogert, Assistant to the President Delia, and Jazz Advisory Committee Liaison Owens. President Lennon excused to attend a meeting of AFM & EPF Trustees. Blumenthal chaired the meeting.

Recording Vice-President Dennison distributed minutes of February10, 2004.

Board Member Weiss and Jazz Advisory Committee Liaison Owens present at 11:35.

Motion made and carried unanimously to approve minutes as amended.

Blumenthal reported to the Board on continuing discussions with the Martha Graham Center of Contemporary Dance over use of tape during a children’s educational performance. (See minutes of January 27, 2004.)

Blumenthal reported to the Board on a request from the New York Scandia Symphony for permission to pay public service scale for a performance at Trinity Church on February 19, 2004. A Limited Pressing location recording of the performance was also planned. Blumenthal distributed to the Board a Memorandum of Agreement executed by Scandia recognizing Local 802 as the exclusive collective bargaining representative of its musicians and committing to begin negotiations for a collective bargaining agreement by May 15, 2004.

Motion made and carried unanimously to approve public service scale for the February 19, 2004 performance at Trinity Church.

Blumenthal reported to the Board on meetings that he and Local 802 Counsel Leibowitz recently held with Long Island Philharmonic musicians and subsequently with the orchestra’s management. Both meetings dealt with efforts to resolve outstanding wage and benefit payments owed by the Long Island Philharmonic.

Discussion held.

Blumenthal reported to the Board that on Friday, February 13, 2004 the Brooklyn Philharmonic requested the right to make an archival video tape of a February 14, 2004 performance. The tape was intended to be utilized by the Philharmonic’s music director search committee. The orchestra committee agreed to allow the archival tape to be made and has retained possession of the tape.

Discussion held during which Blumenthal was asked to obtain additional information about the Philharmonic’s proposed use of the tape.

Blumenthal reported to the Board on the status of a grievance filed against the Westfield Symphony concerning unpaid wages and benefits.

Senior Business Rep Donovan present at 12:30.

Delia, Donovan and Gagliardi reported to the Board on a meeting with an off-Broadway producer regarding a production of “The Joys of Sex” scheduled at the Variety Arts Theatre. The producer’s plans for the production included the use of a virtual orchestra machine.

Discussion held during which it was agreed that, at the request of President Lennon, a Board meeting would be scheduled on Friday, February 20 to discuss this off-Broadway production. Dennison requested that Gagliardi be reimbursed $32 for childcare expenses in connection with his attendance at the above referenced off-Broadway meeting.

Motion made and carried unanimously to approve the reimbursement.

Whitaker initiated a discussion with the Board about an announcement by the Saratoga Performing Arts Center (SPAC) that this year’s regular summer season of New York City Ballet performances at SPAC was to be the Ballet’s last.

Discussion held during which it was noted that Clear Channel Entertainment has played an increasing role in programming events at SPAC.

Jazz Representative Jackson appeared before the Board and presented a contract with the Three Kings Entertainment Corporation.

Motion made and carried unanimously to approve the contract.

Jackson presented a contract with Contrary Mary Music, Inc. for employment of musicians in single engagements and educational workshops.

Motion made and carried unanimously to approve the contract.

Meeting adjourned at 2:00 p.m.

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TUESDAY, FEBRUARY 24, 2004

Meeting called to order at 11:30 a.m. Present: Financial Vice President Blumenthal, Executive Board members Babich, Gagliardi, Gale, Giannini, Landolfi, Shankin, Weiss and Whitaker; Controller Bogert and Assistant to the President Delia. President Lennon, Recording Vice President Dennison and board member Schaffner excused to attend AFM/recording industry digital downloading negotiations. Blumenthal chaired the meeting. Bogert took the minutes of the meeting.

Financial Vice President Blumenthal distributed the minutes of February 17, 2004.

Jazz Committee Liaison Owens present at 11:37 a.m.

Motion made and carried unanimously to approve minutes as amended.

Blumenthal distributed the minutes of February 20, 2004.

Motion made and carried unanimously to approve minutes as amended.

Blumenthal reported the following matters to the board: that a check in the amount of $3,518.53 had been issued to Legit 802 as payment to musicians who recorded the jingle which accompanies the current Local 802 radio commercial; that he had received notification from the Martha Graham Center of Contemporary Dance that live music was to be used for a future educational event (see minutes of February 17, 2004.); that an agreement was signed with the New York Scandia Symphony for a performance on February 19, 2004 (see minutes of February 17, 2004.); that searches have begun to fill the positions of secretary and business rep in the Financial Vice President’s department; that negotiations were to begin with the Opera Company of Brooklyn (see minutes of February 10, 2004.); that negotiations were to begin with the producers of the show “The Joys of Sex” (see minutes of February 17, 2004.); that President Lennon had met with members who work in the field of music preparation and who offered to form a search committee that would provide a recommendation to the administration for filling the position of music preparation administrator at Local 802.

Discussion held.

Music Prep Supervisor Hafemeister present at 12:15 p.m. to recommend increases in the General Price List for copyists effective March 1, 2004. She pointed out that the General Price List for orchestrators had been increased effective December 1, 2003.

Motion made and carried unanimously to approve the foregoing recommendation.

Hafemeister reported on her efforts to find a new Music Preparation Administrator. Refer above.

Blumenthal reported on a communication to the International Executive Board from AFM Local 400 (Hartford) concerning upcoming performances of the Andrea Bocelli tour in Hartford and the tour’s use of an orchestra from outside their jurisdiction at below area scales.

Discussion held.

Blumenthal advised the board that musicians involved with the PDQ Bach holiday season concerts were to appear before the board in the afternoon to discuss cancellation of those concerts.

A discussion was initiated on a proposed public relations response to the cessation of New York City Ballet performances at Saratoga (see minutes of February 17, 2004).

Meeting recessed at 1:15 p.m.

Meeting resumed at 2:30 p.m. Present: Blumenthal, Babich, Gagliardi, Gale, Giannini, Landolfi, Shankin, Weiss, Whitaker, Bogert, Owens and Delia.

Local 802 member Ben Herman, contractor for the PDQ Bach orchestra, appeared before the board to relay a request from PDQ Bach orchestra members that they be allowed to perform two concerts at Avery Fischer Hall without compensation.

Discussion held.

Herman excused at 2:50 p.m.

Rank and file members of the PDQ Bach orchestra appeared before the board to present their recommendations with respect to the above mentioned concerts.

Discussion held.

The foregoing members excused at 3:25 p.m.

Discussion held concerning the PDQ Bach concerts.

Herman rejoined the meeting and was advised that the board was to discuss this matter at its March 2, 2004 meeting and would advise him of its decision.

Meeting adjourned 3:40 p.m.

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TUESDAY, MARCH 2, 2004

Meeting called to order at 11:40 a.m. Present: President Lennon, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members, Gagliardi, Shankin, Weiss, Whitaker, Controller Bogert, and Jazz Advisory Committee Liaison Owens.

Lennon reported to the Board that a meeting was scheduled with the Off Broadway producers of “The Joys of Sex.” (See minutes of February 17 and February 20, 2004.) Lennon reported on his most recent discussions with the British Musicians Union over their continuing opposition to the use of a virtual orchestra machine in a London West End Theatre. Lennon reported on a first negotiating session for a new agreement between Local 802 and the New York Philharmonic.

Assistant to the President Delia present at 11:55 a.m.

Board Member Gale present at 12:10.

A subcommittee of the Theatre Committee assigned to review proposed neutrals for the special situations panel as per the terms of the Local 802/League of American Theatres and Producers collective bargaining agreement appeared before the Board. The subcommittee members presented the Board with brief biographies of the neutrals proposed by the League and the Theatre Committee’s recommendations as to their suitability to serve on the special situations panel. They also provided the Board with a list of neutrals the Theatre Committee recommended be proposed for the panel by Local 802 and a draft letter to be sent to the proposed neutrals.

Discussion held.

Theatre subcommittee members thanked and excused.

Dennison reported to the Board on the first digital distribution negotiation between the AFM and the recording industry held on Tuesday, February 24, 2004. Dennison also reported that the first negotiating session between Local 802 and club date employers over renewal of the Single Engagement Club Date contract was to take place on Wednesday, March 3, 2004.

Lennon requested the purchase of two tickets at $250 each for a Human Rights Award Dinner honoring several labor leaders including Peter Ward, President of Local 6, Hotel Employees and Restaurant Employees union.

Motion made and carried unanimously to approve purchase of two tickets.

Gale excused at 1:15 p.m.

Lennon presented a request from Tenants and Neighbors for purchase of an ad in a tribute journal honoring several elected officials and tenant activists, including former Local 802 staff member Judy West.

Motion made and carried unanimously to approve purchase of a quarter page ad for $350.

Lennon requested the purchase of two tickets at $175 each to a reception sponsored by the Center for an Urban Future honoring several individuals including Ed Ott, Coordinator NYC Central Labor Council.

Motion made and carried unanimously to approve purchase of two tickets.

Blumenthal presented a request from the American Classical Orchestra for use of an archival recording of a November 15, 2003 concert for broadcast on a syndicated National Public Radio (NPR) program.

Motion made and carried unanimously to approve the requested broadcast with payment to musicians at the rates contained in the AFM/NPR agreement, subject to approval by the orchestra committee.

Blumenthal presented a request from the Brooklyn Philharmonic for use of an archival recording by the Philharmonic’s music director search committee (see minutes of February 17, 2004) and to allow archival recordings of two additional concerts for the same purpose.

Motion made and carried unanimously to approve the request provided such tapes would only be utilized by the music director search committee and that the tapes would be subsequently turned over to the Orchestra Committee and destroyed.

Senior Business Rep Donovan appeared before the Board and presented a contract renewal with The Boyzco, LLP for the Off Broadway production “Naked Boys Singing.”

Motion made and carried unanimously to approve the contract.

Blumenthal initiated a discussion of a request from members of the PDQ Bach orchestra. (See minutes of February 24, 2004.)

Discussion held.

Meeting adjourned at 2:10 p.m.