FRIDAY, MARCH 26, 2004

Meeting called to order at 11:05 a.m. Present: President Lennon, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members, Babich, Gale, Gagliardi, Giannini, Landolfi, Shankin, Controller Bogert, Jazz Liaison Owens.

Lennon reported to the Board on the AFM Audio-Visual negotiations he had recently attended with NY Philharmonic Orchestra Committee Chair Fiona Simon in Washington, D.C.

Lennon reported to the Board that he had established a regular meeting schedule of the officers and key supervisory staff to be implemented immediately in order to facilitate improved communication and efficiency in Local 802’s daily operation.

Lennon reported to the Board on negotiations with Local 153, Office and Professional Employees International Union representing Local 802’s clerical staff.

Lennon reported to the Board on the ongoing work of the AFM Futures Committee.

Schaffner present at 11:30 a.m.

Lennon reported to the Board on the status of a grievance with the League of American Theatres and Producers over wages owed to the orchestra at “Wonderful Town.”

Lennon reported to the Board on efforts to fill the position of Music Preparation administrator.

Lennon reported to the Board on the union’s ongoing efforts in response to the planned use of a virtual orchestra machine in the Off Broadway show “The Joys of Sex.”

Discussion held.

Lennon presented a bill for legal services in the amount of $8,158.85 from Bredhoff and Kaiser for work on the current New York Philharmonic negotiations.

Motion made and carried unanimously to approve payment of the bill from the Legal Services Fund.

Lennon presented to the Board a request from the law firm Leibowitz and Mars for an increase in the firm’s annual retainer paid by Local 802.

Discussion held.

Motion made and carried unanimously to approve an increase of $2,500 per month in the retainer for the period April 1, 2004 through September 30, 2007.

Meeting recessed at 1:30 p.m.

Meeting resumed at 2:15 p.m. Present: Lennon, Dennison, Blumenthal, Babich, Gale, Gagliardi, Giannini, Landolfi, Schaffner, Shankin, Bogert, and Owens.

Dennison requested that the Board affirm a telephone poll of the Board setting the June membership meeting for June 29, 2004.

Motion made and carried unanimously to affirm the poll.

Dennison reported to the Board on a leave of absence request.

Discussion held.

Dennison reported that jazz representative Natasha Jackson had been granted a three-month leave of absence and that organizer Milton Charles had been reassigned to assume the responsibilities of jazz representative during this leave. Dennison presented a bill to the Board for expenses incurred during Jackson’s last week of work at Local 802 in the amount of $553.40.

Motion made and carried unanimously to approve payment of the bill.

Dennison presented a contract between Local 802 and Mleonhart Inc.

Motion made and carried unanimously to approve the contract.

Schaffner reported to the Board on a planned cast album of the closed Broadway show “Never Gonna Dance.” The producers had been asked and had agreed to post a bond with the union for the full amount of recording wages and benefits due musicians for this work. Schaffner reported that funding for the full project never materialized and the recording project was cancelled.

Blumenthal presented a request from Manhattan Concert Productions to waive a Sunday evening rehearsal premium because of logistical problems with a participating choir’s travel arrangements.

Motion made and carried unanimously to approve the request providing that any musician with a conflict is excused without penalty. Motion made and carried unanimously to approve the request providing that any musician with a conflict is excused without penalty. Discussion held on a similar issue involving the New York City Gay Men’s Chorus.

Public Relations Director Heather Beaudoin and Public Relations Consultant Shawn Sachs appeared before the Board to participate in a discussion of the Hudson Yards project.

Jim Whalen, a representative of NYC Mayor Michael Bloomberg, and Matt Higgins, Vice President of the New York Jets appeared before the Board and made a presentation about the Hudson Yards Project. The proposed project includes the expansion of the Jacob Javits Convention Center and construction of a Convention Center/Sports Complex over the Hudson rail yards that would be home to the New York Jets football franchise.

Whalen and Higgins answered questions from the Board.

Meeting adjourned at 5:00 p.m.

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TUESDAY, MARCH 30, 2004

Meeting called to order at 11:15 a.m. Present: President Lennon, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members, Gagliardi, Giannini, Landolfi, Schaffner, Shankin, Whitaker, Controller Bogert, and Jazz Advisory Committee Liaison Owens.

Dennison distributed minutes of March 16, 2004.

Weiss present at 11:25.

Motion made and carried unanimously to approve minutes as amended.

Dennison distributed minutes of March 26, 2004.

Motion made and carried unanimously to approve minutes as amended.

Lennon reported to the Board on the union’s ongoing efforts in regard to the proposed use of a virtual orchestra machine in the Off Broadway show “The Joys of Sex.”

Discussion held.

Lennon reported to the Board on a schedule of reports to the Board from the various union departments in preparation for a strategic analysis of the union’s ongoing work and priorities.

Lennon reported to the Board on his and Blumenthal’s participation in a meeting for Local officers organized by the AFM in St. Louis on Saturday, March 29 and Sunday, March 30, 2004.

Whitaker excused at 12:20.

Dennison reported to the Board on the status of Single Engagement Club Date Negotiations and informed the Board that a membership meeting had been scheduled for Wednesday, April 7, 2004 to conduct a strike authorization vote.

Jim Whalen, a representative of NYC Mayor Michael Bloomberg, and Matt Higgins, Vice President of the New York Jets, appeared before the Board to answer questions about the Hudson Yards Project. (See minutes of March 26, 2004.).

Whalen and Higgins excused at 1:30 p.m.

Meeting recessed at 1:35 p.m.

Meeting resumed at 2:10 p.m. Present: Lennon, Dennison, Blumenthal, Gagliardi, Executive Board member Gale, Giannini, Landolfi, Schaffner, Shankin, Weiss, Bogert, and Delia.

Harriet Slaughter and Tamar Climan, representing the League of American Theatres and Producers, appeared before the Board to discuss “Broadway Under the Stars,” a free performance in Bryant Park sponsored by the League. Slaughter and Climan requested permission to pay Local 802 public service scales for the event and requested a waiver of health benefit payments. They reported that the performance would feature a 30-piece orchestra and that the event might be televised.

Slaughter and Climan excused.

Discussion held.

Slaughter and Climan rejoined the meeting and were informed that, as in the past, the union would agree that public service scale would apply, however, health benefit payments must be paid and in the event the performance was televised, the applicable TV-videotape scales would apply. They were also informed that Local 802 would review the possibility of MPF funding for the event.

Meeting recessed at 3:00 p.m. for Lennon to take a phone call.

Meeting resumed at 3:10

Dennis Dreith, Administrator of the Film Musicians Secondary Markets Fund (FMSMF), appeared before the Board. He discussed the status and health of the FMSMF, the positive impact of increased DVD sales on the fund and the work of his office in encouraging work under AFM agreements. Dreith also discussed his role as Administrator of the AFM & AFTRA Intellectual Properties Rights Distribution Fund, which collects and distributes payments to non-featured musicians and vocalists from Japanese record rental royalties, and payments to non-featured musicians and vocalists required by the Audio Home Recording Act and the Digital Millennium Copyright Act, the latter of which includes both compulsory license royalties and exclusive rights license royalties.

Whitaker present at 3:30 p.m.

Discussion held.

Dreith thanked and excused.

Schaffner reported that a Sesame Workshop Sideletter Agreement had been reached between the AFM and Sesame Workshop, the producer of Sesame Street. The Agreement continues the terms and conditions of an expiring Sideletter Agreement covering the Sesame Street Orchestra for another 3 year term. All wage and/or benefit increases provided for in the AFM National Public Television Agreement will apply to the Sesame Street orchestra.

Blumenthal reported on new organizing activity in the concert field.

Motion made and carried unanimously to approve the February vouchers.

Meeting adjourned at 4:10 p.m.

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TUESDAY, APRIL 6, 2004

Meeting called to order at 11:10 a.m. Present: President Lennon, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members, Babich, Gagliardi, Gale, Giannini, Landolfi, Shankin, Weiss, Whitaker, Controller Bogert, Assistant to the President Delia, Jazz Advisory Committee Liaison Owens, and Local 802 Counsel Leibowitz.

Alan Eisenberg, Executive Director of Actors’ Equity Association (Equity), Patrick Quinn, President of Equity, and Maria Somma, President of the Association of Theatrical Press Agents and Managers and a public relations consultant for Equity, appeared before the Board to discuss the opening of Equity’s negotiations with the League of American Theatres and Producers. Eisenberg and Quinn explained their union’s bargaining goals and described both Equity’s and the League’s initial contract proposals.

Lennon expressed appreciation for Equity’s support during the 2003 Broadway negotiations and strike and pledged Local 802’s solidarity in behalf of Equity’s bargaining efforts.

Motion made and carried unanimously to support Equity in their negotiations with the League of American Theatres and Producers and to draft an official resolution of such support Eisenberg, Quinn and Somma thanked and excused.

Leibowitz excused.

Jim Hannen, Supervisor of Local 802’s Contract Administration Department, Bob Gulluscio, Supervisor of Local 802’s Long Island office, Union Representatives, Kirk Kelly, Richard Schilio, and Peter Voccola, Local 802 Organizing Director Joe Eisman and Organizer Summer Smith appeared before the Board to present the first departmental report in preparation for the union’s strategic analysis. (See minutes of March 30, 2004.) Hannen reported on the work of the Contract Administration Department and the status of the Single Engagement and Hotel fields.

Discussion held.

Meeting recessed at 1:10 p.m.

Meeting resumed at 2:10 p.m. Present: Lennon, Dennison, Blumenthal, Babich, Gale, Gagliardi, Giannini, Landolfi, Shankin, Whitaker, Weiss, Bogert, Delia, and Owens.

Public Relations Director Beaudoin, Eisman, Gulluscio, Hannen, Kelly, Schilio, Smith, and Voccola present for a resumption of Contract Administration Department discussion.

Dennison reported on the status of the Single Engagement Club Date contract negotiations. (See minutes of March 30, 2004.)

Motion made and carried unanimously to approve strike authorization for the single engagement club date field.

Eisman, Gulluscio, Hannen, Kelly, Schilio, Smith, and Voccola excused.

Lennon reported on recent discussions with the Coalition of Broadway Unions and Guilds in regard to the union’s efforts against the use of a virtual orchestra machine in the Off Broadway show “The Joys of Sex.” He also reported on a meeting of Broadway musicians on Saturday, April 3 that was devoted to this same issue.

Lennon presented a request from the AFM that Local 802 become a joint sponsor of the Future of Music Coalition Policy Summit of 2004, taking place May 2-4, 2004, at George Washington University in Washington, D.C.

Motion made and carried unanimously to become a joint sponsor of the Policy Summit at a cost of $500.

Lennon requested the purchase of two tickets to an event sponsored by the Working Families Party honoring Assemblyman and NYC Central Labor Council President, Brian McLaughlin.

Motion made and carried unanimously to purchase two tickets to the Working Families Party event at a total cost of $250.

Lennon presented a request from Local 802 members that the union renew it annual sponsorship of a Local 802 softball team in the Broadway Softball League.

Motion made and carried unanimously to sponsor a Local 802 softball team at a cost of $950.

Lennon requested the purchase of two tickets to a fund raising dinner for the New York Committee on Occupational Safety and Health (NYCOSH).

Motion made and carried unanimously to purchase two tickets to the NYCOSH fund raising dinner at a total cost of $200.

Lennon presented a request from The Juilliard School on behalf of the Elton John Project, a series of five concerts at Radio City Music Hall featuring Elton John and an orchestra composed of students from the Royal Academy of Music in London and from Juilliard. The request was for a waiver of payment to orchestra members for one of the five concerts, the proceeds of which would be donated equally to the two music schools.

Lennon was asked to obtain additional information about the planned Elton John concerts.

Dennison reported to the Board on a tentative first agreement between Local 802 and the Metropolitan Opera Guild covering the Guild’s teaching artists.

Blumenthal reported to the Board on organizing efforts in the concert field.

Blumenthal reported to the Board on the status of grievances against the New York City Gay Men’s Chorus and on legal action against James Harwood.

Blumenthal reported on the continuing failure of the Long Island Philharmonic to settle outstanding wage and benefit payments and that a grievance had been filed on these issues. Blumenthal also reported that the Staten Island Symphony had cancelled a concert due to financial difficulties.

Heather Beaudoin appeared before the Board and presented a public relations budget for 2004.

Discussion held.

Motion made and carried unanimously to approve the public relations budget.

Beaudoin initiated a resumption of the discussion on the union’s position in regard to the Hudson Yards project. (See minutes of March 26 and March 30, 2004.)

Meeting adjourned at 4:45 p.m.

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THURSDAY, APRIL 15, 2004

Meeting called to order at 11:15 a.m. Present: President Lennon, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Gagliardi, Gale, Giannini, Landolfi, Schaffner, Shankin, Weiss, Whitaker, Assistant to the President Delia, and Jazz Advisory Committee Liaison Owens. Also present: Local 802 Counsel Leibowitz, Organizing Director Eisman, Senior Business Rep Donovan and Public Relations Director Beaudoin.

President Lennon reported on the union’s continuing efforts against the use of the virtual orchestra machine and on events that led to a settlement agreement with Ben Sprecher who is the owner of the Variety Arts Theatre and the producer of the Off Broadway show “The Joys of Sex”. Lennon distributed copies of the settlement agreement to the Board. As part of this settlement Local 802 agreed not to protest the use of the virtual orchestra machine in the production of “The Joys of Sex.” The theatre owner agreed that the virtual orchestra machine would not be used in any future production at the Variety Arts Theatre through March 10, 2013 without the permission of Local 802.

Discussion held.

Motion made and carried unanimously to approve the settlement agreement with the Variety Arts Theatre.

Senior Business Rep Donovan presented an agreement with Silent Laughter, L.L.C. for the production of “Silent Laughter” at the Lamb’s Theatre.

Motion made and carried unanimously to approve the agreement.

Donovan presented to the Board an agreement with the Irish Repertory Theatre for a production of “Finian’s Rainbow.”

Motion made and carried unanimously to approve the agreement.

Donovan presented an agreement with the National Black Theatre for all of the theatre company’s musical productions at the National Black Theatre located at 2031 5th Avenue, New York City. It was noted that the agreement contains a prohibition on the use of any virtual orchestra machine.

Motion made and carried unanimously to approve the agreement.

Donovan excused.

Contract Administration Department Supervisor Jim Hannen present.

Recording Vice President Dennison reported to the Board that negotiations between Local 802 and the Single Engagement Club Date employers had broken off without a settlement. He described the outstanding issues and the possible actions planned by the union.

Hannen, Eisman and Beaudoin excused.

Financial Vice President Blumenthal reported on organizing efforts in the concert field.

Local 802 Counsel Leibowitz reported on the circumstances surrounding the denial of tenure to a musician at the New York Philharmonic.

Discussion held.

Whitaker excused at 1:20 p.m.

Schaffner excused at 1:30 p.m.

Meeting recessed at 1:35 p.m.

Meeting resumed at 2:35 p.m. Present: Lennon, Dennison, Blumenthal, Gagliardi, Gale, Landolfi, Shankin, Weiss, and Delia.

Dennison distributed minutes of March 30, 2004.

Motion made and carried unanimously to approve minutes as amended.

Dennison distributed minutes of April 6, 2004.

Schaffner present at 3:05 p.m.

Motion made and carried unanimously to approve minutes as amended.

Blumenthal reported on the status of a grievance against the New York City Gay Men’s Chorus.

Blumenthal reported that a meeting of the Ann Walker Scholarship Panel had taken place and that six scholarships had been awarded.

Lennon requested a salary adjustment for a Local 802 supervisor.

Motion made and carried unanimously to approve the salary adjustment.

Lennon requested a salary adjustment for a Local 802 staff member.

Motion made and carried unanimously to approve the salary adjustment. Gale recused.

Blumenthal distributed to the Board a list of contributions to political candidates and other entities from TEMPO 802 for the years 2001 through 2003.

Lennon presented a letter from the New York State AFL-CIO Entertainment Union Committee requesting that each member local of the Entertainment Union Committee contribute $1,000 towards the cost of the development of a Strategic Education Training program created for the Committee by Cornell University.

Motion made and carried unanimously to approve the payment of $1,000 for the training program.

Lennon presented a bill for legal services in the amount of $2,726 from Bredhoff & Kaiser for work on the current New York Philharmonic negotiations.

Motion made and carried unanimously to approve payment of the bill from the Legal Services Fund.

Recording Department Supervisor Schaffner reported on problems concerning several musicians working under the terms of the AFM TV-Videotape agreement. He also reported on discussions with the AFM and that the AFM had agreed to pursue an investigation and action on behalf of these musicians.

Lennon reported to the Board that a computer virus had been discovered on Local 802’s computer system and that he had authorized an emergency expenditure of up to $5,000 for upgraded anti-virus network software.

Motion made and carried unanimously to approve the emergency expenditure.

Manager of Information Systems Director Cardillo appeared before the Board to report on and answer questions about the computer problems.

Discussion held.

Meeting adjourned at 3:50 p.m.

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TUESDAY, APRIL 20, 2004

Meeting called to order at 11:10 a.m. Present: President Lennon, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Babich, Gagliardi, Gale, Giannini, Schaffner, Shankin, Weiss, and Assistant to the President Delia.

Recording Vice President Dennison distributed minutes of April 15, 2004.

Board member Landolfi present at 11:15 a.m.

Motion made and carried unanimously to approve minutes as amended.

Delia excused.

President Lennon requested that Local 802 sponsor the participation of two Local 802 staff members, Assistant to the President Delia and Organizing Director Eisman, in the New York State AFL-CIO’s Union Leadership Institute at Cornell University at a total cost of $11,700. The leadership institute program spans a two-year period. The cost was to be inclusive of a fifty percent scholarship for one of the participants.

Discussion held.

Motion made and carried unanimously to approve the two sponsorships.

Lennon presented a proposed retainer agreement between Local 802 and the law firm of Leibowitz and Mars.

Discussion held.

Lennon was asked to obtain additional information relating to the retainer agreement.

Local 802 Counsel Leibowitz, Delia, Contract Administration Department Supervisor Hannen and Business Rep Schilio present at 12:15 p.m.

Local 802 Counsel Leibowitz presented the terms of a tentative settlement reached with the Single Engagement Club Date Employers.

Discussion held.

Dennison presented a request for the purchase of two tickets to the Jazz Foundation of America’s 12th Annual Rent Party at a total cost of $200.

Motion made and carried unanimously to approve the purchase.

Dennison reported on proposed staff assignments and salary adjustments in Local 802’s Long Island Office as a result of the retirement of Long Island Office Supervisor Bob Gulluscio.

Discussion held.

Financial Vice President Blumenthal reported on a second step grievance meeting with the New York Gilbert and Sullivan Players.

Meeting recessed at 1:00 p.m.

Meeting resumed at 1:50 p.m. Present: Lennon, Dennison, Blumenthal, Babich, Gagliardi, Gale, Landolfi, Shankin, Weiss, and Assistant to the President Delia.

Director of Public Policy for the New York City Central Labor Council Ed Ott appeared before the Board to discuss and answer questions about the Central Labor Council’s position in regard to the Hudson Yards Project.

Schaffner present at 2:20 p.m.

Discussion continued.

Ott thanked and excused.

Lennon excused at 2:50 p.m.

Dennison and Recording Department Supervisor Schaffner presented a plan and projected budget for the scanning of Local 802 recording contracts. The budget included the purchase of a digital copier, scanning software, storage medium and a staff salary that would make possible the storage of all past and future sound recording contracts in digital form.

Management Information Services Director Cardillo present at 3:00 p.m.

Landolfi excused at 3:05.

Discussion held.

Motion made and seconded to accept the recommended purchase of a digital copier, software and storage medium, to proceed with the scanning project at a total projected cost of $84,000 and to request funding participation from the Coordinating Advisory Committee and the Film Musicians Secondary Markets Fund.

Discussion held.

Motion made and carried unanimously to table the above motion pending further review of the project’s impact on the Local 802 2004 budget.

Meeting adjourned at 3:45 p.m.

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TUESDAY, APRIL 27, 2004

Meeting called to order at 11:10 a.m. Present: President Lennon, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Babich, Gagliardi, Gale, Landolfi, Shankin and Jazz Advisory Committee Liaison Owens.

Recording Vice President Dennison distributed minutes of April 20, 2004.

Board members Weiss and Schaffner present at 11:15 a.m.

Motion made and carried unanimously to approve minutes as amended.

President Lennon requested reimbursement of travel expenses in the amount of $266.60 for a member of the New York Philharmonic who attended AFM Audio-Visual negotiations in Washington, D.C.

Motion made and carried unanimously to approve payment.

Lennon reported to the board on additional information requested in regard to a proposed retainer agreement between Local 802 and the law firm of Leibowitz & Mars. (See minutes of April 20, 2004).

Motion made and carried unanimously to approve the retainer agreement.

AFM Legislative Director Hal Ponder appeared before the Board to discuss the AFM’s political action fund, TEMPO, as well as the legislative and political priorities of the AFM in the current Congress and in this national election year.

Discussion held.

Ponder thanked and excused.

Lennon reported on discussions regarding a request from the Juilliard School concerning planned Elton John concerts at Radio City Music Hall in July that would employ students from Juilliard and London’s Royal Academy of Music. (See minutes of April 6, 2004).

Motion made and carried unanimously to grant a waiver of the live performance payment to the student musicians for one of the performances provided that the total admission from that one performance would be donated equally to the Juilliard School and the Royal Academy of Music and that for all other concerts musicians would be paid at the appropriate Local 802 scale and that any recordings would be paid at the appropriate AFM scales.

Dennison proposed that eligibility for ratification of the Single Engagement Club Date contract be musicians who had worked 12 or more jobs in 2002 or 2003, or who had worked 5 or more jobs during any 6-month period, January to June or July to December, in those same years.

Motion made and carried unanimously to approve the proposed ratification eligibility.

Dennison requested approval of salary adjustments for two Long Island staff members retroactive to February 1, 2004.

Motion made and carried to approve the salary adjustments retroactive to February 1, 2004. Landolfi opposed.

Lennon requested that retiree health benefits that are made available to union representatives under the terms of the Local 802/OUR (Organization of Union Representatives) Agreement be made available to retiring Long Island Supervisor Bob Gulluscio.

Motion made and seconded to approve the retiree benefits for Gulluscio.

Discussion held.

Motion made and carried unanimously to table the motion pending information on the total cost of such benefits.

Meeting recessed at 1:20 p.m.

Meeting resumed at 2:15 p.m. Present: Lennon, Dennison, Blumenthal, Gagliardi, Gale, Landolfi, Schaffner, Shankin, Weiss and Owens.

Financial Vice President Blumenthal presented a contract with the Sacred Music Society of Our Lady Queen of Martyrs Church that included a primary hiring list.

Motion made and carried unanimously to approve the contract.

Blumenthal reported on the status of a grievance with the New York City Gay Men’s Chorus.

Discussion held.

Blumenthal reported that the Queens Symphony had satisfied all of their outstanding payments to the Music Performance Fund.

Lennon presented the requested information on the cost of retiree health benefits for Long Island Supervisor Bob Gulluscio.

Motion made and carried unanimously to take from the table the motion to provide retiree health benefits to Long Island Supervisor Bob Gulluscio.

Motion carried unanimously that retiree health benefits made available to union representatives under the terms of the Local 802/OUR Agreement be made available to retiring Long Island Supervisor Bob Gulluscio.

Board Member Schaffner reported on discussions with Administrator of the Film Musicians Secondary Markets Fund Dennis Dreith in regard to its participation in the funding of the scanning of Local 802 recording contracts.

Motion made and carried unanimously to take from the table the motion in regard to the scanning of Local 802 recording contracts. (See minutes of April 15, 2004.)

Motion carried unanimously to approve the purchase of a digital copier, software, storage media and retrieval software, to proceed with the scanning of Local 802 recording contracts at a total projected cost of $84,000, which includes the salary of one temporary employee, and to request funding participation from the Coordinating Advisory Committee and the Film Musicians Secondary Markets Fund.

Senior Business Rep Donovan presented a contract with Lincoln Center Theatres for a production of THE FROGS at the Vivian Beaumont Theatre.

Motion made and carried unanimously to approve the contract.

Donovan presented a contract with two Off Broadway theatre companies, the Vineyard Theatre and Workshop Company, Inc. and the Classic Stage Company. The agreement includes language prohibiting the use of the virtual orchestra machine.

Motion made and carried unanimously to approve the contract. Donovan excused.

Lennon initiated a discussion of the Hudson Yards Project. (See minutes of March 26, 2004.)

Shankin excused at 3:15.

Gale excused at 3:50.

Meeting adjourned at 4:05 p.m.

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TUESDAY, MAY 11, 2004

Meeting called to order at 11:15 a.m. Present: President Lennon, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Babich, Gagliardi, Gale, Giannini, Landolfi, Schaffner, Shankin, Whitaker, Controller Bogert, Assistant to the President Delia and Jazz Advisory Committee Liaison Owens.

President Lennon reported on a revised schedule of reports to the Board by various union departments.

Lennon reported on a request from the League of American Theatres and Producers regarding Broadway Under the Stars, a concert event in Bryant Park scheduled for June 14, 2004. In addition to the orchestra hired for the event, the League requested permission to utilize a high school marching band without payment.

Motion made a carried unanimously to approve the request.

Lennon reported that a meeting had been scheduled with the League of American Theatres and Producers in regard to grievances at “Wonderful Town” and “The Producers.”

Board Member Weiss present at 11:30 a.m.

Lennon reported that Tina Hafemeister had been hired to fill the position of Music Preparation Administrator at Local 802. He also reported that new staff had been hired to fill a position in the Organizing Department and to fill the position of Theatre Representative.

Vice President Blumenthal distributed to the Board a summary report concerning the financial condition of the Emergency Relief Fund for 1998 through 2003.

Discussion held.

Local 802 Counsel Leibowitz present at 11:40 a.m.

Blumenthal reported on a letter from the Brookhaven Choral Festival requesting MPF funding for an annual event.

Discussion held.

Recording Vice President Dennison reported that the Single Engagement Club Date contract had been ratified by the bargaining unit.

Discussion held.

Meeting recessed at 12:50 p.m.

Meeting resumed at 1:40 p.m. Present: Lennon, Dennison, Blumenthal, Babich, Gagliardi, Gale, Giannini, Schaffner, Shankin, Weiss, Whittaker, Owens, Bogert, Delia and Leibowitz.

Lennon reported on discussions with NY City Mayor Bloomberg’s office over issues relating to the Hudson Yards project including tenant issues for residents of Manhattan Plaza, preservation of Right Track Studios and Local 802’s concerns over affordable housing and arts education. He also reported on discussions with NY City Council Member Christine Quinn in regard to her concerns about the Hudson Yards project.

Discussion held.

Motion made and carried unanimously requesting that President Lennon continue discussions with the Mayor’s office and the NY Jets to address the Board’s concerns.

Member Martin Stoner appeared before the board to discuss issues regarding employment at the NYC Ballet.

Stoner thanked and excused.

Discussion held.

Meeting adjourned at 4:00 p.m.

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TUESDAY, MAY 18, 2004

Meeting called to order at 11:10 a.m. Present: President Lennon, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Babich, Gagliardi, Gale, Giannini, Landolfi, Schaffner, Shankin, Whitaker, Controller Bogert, Assistant to the President Delia and Jazz Advisory Committee Liaison Owens.

Recording Vice President Dennison distributed minutes of May 4, 2004.

Motion made and carried unanimously to approve minutes as amended.

Dennison distributed minutes of May 11, 2004.

Motion made and carried unanimously to approve minutes as amended.

Dennison reported that the union’s high volume duplicating machine had become inoperable after 10 years of service and 2.4 million copies. He requested the purchase of a new machine at a cost of $9,636.

Discussion held.

Motion made and carried unanimously to approve the requested purchase.

Jazz Representative Milton Charles presented a contract with Blue Lou Music, Inc.

Motion made and carried unanimously to approve the contract. Charles excused.

Senior Business Rep Donovan presented a contract with Big Apple Entertainment, L.L.C. for the Off Broadway production of “Tony N’ Tina’s Wedding”.

Motion made and carried unanimously to approve the contract. Donovan excused.

Board member Schaffner reported on a request from Musica Viva for use of an excerpt from a recording on their Web site.

Discussion held.

Weiss present at 12:35 p.m.

Meeting recessed at 12:40 p.m.

Meeting resumed at 1:40 p.m. Present: Lennon, Dennison, Babich, Gagliardi, Gale, Giannini, Landolfi, Schaffner, Weiss, Whitaker, Bogert, Delia and Owens.

Members of the Coordinating Advisory Committee to the Special Projects and Services Fund (CAC) joined the Board meeting for a discussion of CAC guidelines and procedures. CAC members present included Abba Bogin, Joyce Flissler, Katherine Greene, Howard Harris, Al Hood, Richard Jenkins, Frank Lindquist, Arun Luthra, Frances Mc Intyre and Richard Spencer.

Discussion held.

Shankin present at 1:55 p.m.

Blumenthal present at 2:05 p.m.

Members of the CAC thanked and excused.

Lennon reported on further negotiations with representatives of the Mayor’s office and the NY Jets to address the Board’s concerns in regard to the Hudson Yards project. (See minutes of May 11, 2004.)

Discussion held.

Motion made and passed unanimously to endorse and join the Hudson Yards Coalition Economic Development Initiative based on the satisfactory resolution of the Board’s concerns regarding Manhattan Plaza, the New Right Track Recording Studio, affordable housing and funding for arts education.

Meeting adjourned at 3:45 p.m.

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TUESDAY, MAY 25, 2004

Meeting called to order at 11:05 a.m. Present: Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Babich, Gagliardi, Gale, Giannini, Landolfi, Shankin, Controller Bogert, and Assistant to the President Delia. President Lennon excused to attend meetings of the AFM & EPF Trustees. Blumenthal chaired the meeting.

Recording Vice President Dennison distributed minutes of May 18, 2004.

Motion made and carried unanimously to approve minutes as amended.

Weiss present at 11:15 a.m.

Financial Vice President Blumenthal reported that the National Labor Relations Board (NLRB) had dismissed an appeal by Realtime Music Solutions Inc. (maker of the virtual orchestra machine) of an earlier decision by the NLRB Regional Office dismissing Realtime’s unfair labor practice charge against Local 802 and the Opera Company of Brooklyn.

Blumenthal reported that a judgment had been won against James Harwood and Harwood Management Group, Inc. for contributions owed to the Local 802 Health Benefits Plan.

Blumenthal presented a contract with the Merrick Symphony.

Motion made and carried unanimously to approve the contract

Blumenthal requested payment of expenses in the amount of $25 to a Long Island Philharmonic Orchestra Committee member in connection with a recent pending grievance.

Motion made and passed unanimously to approve the request.

Blumenthal reported on recent developments in regard to the Long Island Philharmonic’s financial condition.

Blumenthal presented a request for purchase of a conference room table and chairs for the new 4th floor conference room in the amount of $2,840.

Motion made and carried unanimously to approve request.

Jazz Advisory Committee Liaison Owens present at 11:50 a.m.

Dennison reported on the joint efforts of the AFM, Local 62 AFM in Trenton, N.J. and Local 802 to achieve a contract covering an orchestra engaged to perform with Linda Ronstadt at Westbury Music Fair, Providence R.I. and the Beacon Theatre in NYC. Dennison requested strike benefits for the orchestra in the event a work stoppage was necessary to achieve an agreement.

Motion made and carried unanimously to match AFM strike benefits up to $300 per musician from the Local 802 strike fund with the understanding that the $300 would be paid regardless of whether or not AFM strike benefits were available.

Blumenthal reported on the union’s efforts to defend the right of a member to practice an instrument in the member’s apartment at Manhattan Plaza.

Dennison reported that a DJ was being hired to replace a live band for the annual Tony Awards after-party sponsored by the League of American Theatres and Producers.

Discussion held.

Dennison requested a contribution of $250 to the Workers Defense League’s annual fund raising event honoring Terence O’Sullivan, President of the Laborers’ International Union.

Motion made and carried unanimously to approve the request.

Assistant to the President Delia reported on a revised schedule of departmental reports to the Board.

Delia distributed a list of proposed members of the special situations neutrals panel as per the Local 802/League of American Theatres and Producers collective bargaining agreement. The list had been approved by the Broadway Theatre Committee.

Motion made and carried unanimously to approve the proposed neutrals list.

Controller Bogert distributed and discussed financial reports for January and February 2004.

Motion made and carried unanimously to approve the March vouchers.

Motion made and carried unanimously to approve the May 18, 2004 CAC minutes.

Meeting adjourned at 1:00 p.m.