TUESDAY, JULY 20, 2004

Meeting called to order at 11:10 a.m. Present: President Lennon, Recording Vice President Dennison, Executive Board members Gagliardi, Gale, Landolfi, Shankin, Weiss and Controller Bogert.

Recording Vice President Dennison distributed minutes of July 13, 2004.

Local 802 Counsel Leibowitz present at 11:20 a.m.

Board members Giannini and Schaffner present at 11:25 a.m.

Motion made and carried unanimously to approve the minutes as amended.

President Lennon requested that the Board review a potential grievance concerning the denial of tenure to a probationary musician with the NY Philharmonic. (See minutes of July 13 and June 22, 2004.)

Discussion held.

Motion made and carried unanimously to proceed with a grievance against the management of the NY Philharmonic for denial of tenure to a probationary musician.

Leibowitz excused.

Lennon distributed to the board a press release concerning the recent contract settlement between Actors’ Equity and the League of American Theatres and Producers.

Discussion held.

Lennon reported that a decertification election was conducted by the National Labor Relations Board for teaching artists at The Early Ear, Inc. and had resulted in a vote of 5 to 2 in favor of continuing union representation by Local 802.

Lennon reported on a union orientation and educational program held at Local 802 for Juilliard students. (See minutes of July 13, 2004.)

Lennon reported on an initial meeting with Nancy Shankman, Music Director of the NY City Department of Education concerning Local 802 and the NY Jet’s arts education initiative.

Lennon proposed that October 19, 2004 be set as the date for the next Local 802 membership meeting.

Motion made and carried unanimously to approve the proposed date.

Lennon requested a contribution of $250 from TEMPO802 to the Savino for Senate Committee. Diane Savino is a candidate for the NY State Senate.

Motion made and carried unanimously to approve the request.

Long Island Supervisor Gulluscio and Long Island Business Rep DeFilippi appeared before the board to present a contract renewal with Gateway/Patchogue Theatre for the Performing Arts.

Motion made and carried to approve the contract subject to modification of the electronic music clause as discussed. Giannini and Landolfi opposed.

Gulluscio presented a contract renewal with Cadillac Moon.

Motion made and carried unanimously to approve the contract.

Dennison presented a contract with the 2004 Democratic National Convention Committee covering musicians engaged by a New York contractor for the Democratic National Convention with permission of Local 9-535, Boston, MA.

Motion made and carried unanimously to approve the contract.

Senior Business Rep Donovan and Theatre Business Rep Bond appeared before the board and presented a contract with Mambo Kings L.L.C. (c/o Alan Wasser Associates) covering musicians employed in a workshop of “Mambo Kings.”

Motion made and carried unanimously to approve the contract subject to review by legal counsel.

Schaffner excused at 1:35 p.m.

Donovan presented a contract with The Chita Company, L.L.C. (c/o Alan Wasser Associates) covering musicians employed in a workshop of “Chita.”

Motion made and carried unanimously to approve the contract.

Donovan presented a contract with Dodger Stage Holding Theatricals covering musicians employed in a reading of “Good Vibrations.”

Motion made and carried unanimously to approve the contract.

Bond and Donovan presented a contract with Beehive Production Company L.L.C. for musicians employed in a workshop of “Beehive.”

Motion made and carried unanimously to approve the contract.

Meeting adjourned at 2:00 p.m.

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TUESDAY, JULY 27, 2004

Meeting called to order at 11:10 a.m. Present: President Lennon, Recording Vice President Dennison, Executive Board members Babich, Gagliardi, Giannini, Landolfi, Shankin, Weiss and Controller Bogert.

Recording Vice President Dennison distributed the minutes of July 20, 2004.

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

Board member Schaffner present at 11:20 a.m.

Motion made and carried unanimously to approve the minutes as amended.

Lennon reported that a letter had been received from Actors’ Equity expressing appreciation for Local 802’s support during its recently concluded negotiations with the League of American Theatres and Producers.

Lennon distributed copies of letters exchanged between the producer of the Broadway show “Forever Tango,” the Schubert Organization and Local 802 concerning the producer’s and theatre owner’s obligations under the terms of the Local 802/ League of American Theatres and Producers collective bargaining agreement.

Discussion held.

Lennon reported that musicians who performed in the Broadway show “Gypsy” will be paid overtime for two shows; that Local 802 had filed for arbitration concerning overtime payments at “Nine” and “The Producers”; that Local 802 had filed for arbitration over wages owed musicians at “Wonderful Town”; and that Local 802 had filed for arbitration over the refusal of the producer of “Wonderful Town” to sign the appropriate AFM recording agreement.

Lennon presented a request from the Mostly Mozart orchestra committee that orchestra members were to be allowed to donate their services or a portion of their services at a Mostly Mozart Festival benefit performance on Friday, August 20, 2004 for Classical Action: Performing Arts Against Aids.

Motion made and carried unanimously to permit Mostly Mozart orchestra members to contribute their services provided that each orchestra member was to be paid the appropriate scale wage for that service and that their contribution was to be made anonymously through an account at Local 802.

Lennon reported that a hearing had been scheduled by the NYS Labor Board regarding the Opera Company of Brooklyn’s assertion that they are not bound by their agreement with Local 802.

Lennon requested payment of $500 to a member engaged as a temporary organizer for Local 802 during the campaign to defeat a decertification vote at The Early Ear, Inc. (See minutes of July 20, 2004.) The temporary organizer was not a member of the Early Ear bargaining unit.

Discussion held.

Motion made and carried to approve the requested payment. Giannini opposed.

Dennison reported on the status of negotiations with the New School University over the agreement covering the part time faculty in the New School Jazz and Contemporary Music Program.

Discussion held.

Dennison reported that the American Theatre Wing had contacted Local 802 concerning the designation of TONY Award voters from Local 802.

Discussion held.

Controller Bogert distributed the June vouchers.

Bogert reported that the life insurance carrier responsible for the Local 802 death benefit was proposing a substantial rate increase and that discussion between the insurance broker and the carrier were continuing.

Discussion held.

Bogert was asked to provide additional financial and actuarial information about the death benefit.

Meeting adjourned at 2:00 p.m.

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TUESDAY, AUGUST 3, 2004

Meeting called to order at 11:20 a.m. Present: President Lennon, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Babich, Giannini, Schaffner, Shankin, Controller Bogert and Assistant to the President Delia.

Recording Vice President Dennison distributed the minutes of July 27, 2004.

Gale present at 11:25 a.m.

Gagliardi present 11:30 a.m.

Motion made and carried unanimously to approve the minutes as amended.

President Lennon reported on Local 802’s preparations for the Labor Day rally sponsored by the NY City Central Labor Council on September 1, 2004 near Madison Square Garden, site of the Republican National Convention.

Discussion held.

Bogert reported on continuing discussions with an insurance broker in regard to the Local 802 death benefit.

Discussion held.

Senior Representative Donovan appeared before the board and presented a contract with the Bay Street Theatre in Sag Harbor, New York. It was noted that the agreement bans the use of virtual orchestra machines.

Motion made and carried unanimously to approve the contract.

Lennon reported on Local 802’s retainer payments to legal counsel.

Discussion held.

Meeting recessed at 12:35 p.m.

Meeting resumed at 1:40 p.m. Present: Lennon, Blumenthal, Dennison, Babich, Gagliardi, Gale, Giannini, Schaffner, Shankin, Bogert and Delia. Also present: Theatre Representative Bond, Organizer Cocuzza, Donovan, Organizing Director Eisman and Senior Organizer Smith.

Lennon, Delia, Donovan and Bond reported on the work of the Theatre Department in preparation for the board’s strategic analysis. (See minutes of March 30, 2004.)

Discussion held.

Meeting adjourned at 4:05 p.m.

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TUESDAY, AUGUST 17, 2004

Meeting called to order at 11:20 a.m. Present: Financial Vice President Blumenthal, Executive Board members, Gagliardi, Gale, Landolfi, Schaffner, Shankin and Weiss; Controller Bogert; and Assistant to the President Delia. President Lennon excused to attend to other union business, Recording Vice President Dennison excused while on vacation. Blumenthal chaired the meeting. Bogert took the minutes.

Financial Vice President Blumenthal distributed the minutes of August 3, 2004.

Motion made and carried unanimously to approve the minutes as amended.

Blumenthal presented to the board a request for payment of legal fees in the amount of $650.

Discussion held.

Board member Giannini present at 11:33 a.m. during the foregoing discussion.

Motion made and carried unanimously to approve the request.

Blumenthal presented to the board a request from the New York City Central Labor Council for a donation in support of the September 1, 2004, Labor Day Rally.

Motion made and carried unanimously to approve a contribution of $250.

Blumenthal presented a request for an additional $500 contribution for the Count Basie centennial to be held in Bryant Park on August 20, 2004. (See minutes of June 15, 2004.)

Motion made and carried unanimously to approve the additional contribution.

Senior Business Rep Smith appeared before the board at 11:50 a.m., to present a collective bargaining agreement between Local 802 and The Children’s Orchestra Society, Inc., 1355 Northern Boulevard, Manhasset, NY 11030, for the period from September 1, 2004 through August 31, 2007.

Discussion held.

Motion made and carried unanimously to approve the agreement.

Motion made and carried unanimously to waive the Local 802 initiation fee for those musicians covered by the foregoing agreement who join Local 802 within 3 months.

Smith thanked and excused at 12:15 p.m.

Local 802 counsel Harvey Mars appeared before the board at 12:17 p.m., to report on a potential arbitration with the Goldman Memorial Band.

Discussion held.

Counsel was authorized to explore a settlement of the matter.

Mars thanked and excused at 12:41 p.m.

Schaffner reported to the board on a potential dispute with Channel 13 WNET.

Bogert reported on Local 802’s financial results for the six months ended June 30, 2004.

Discussion held.

Bogert requested annual salary increases for two non-bargaining unit employees.

Motion made and carried unanimously to approve the request.

Bogert requested approval of the June 2004 vouchers.

Motion made and carried unanimously to approve the request.

Blumenthal reported on the New York State AFL-CIO convention that was attended by Local 802’s three full-time elected officers.

Senior Business Rep Donovan appeared before the board and presented an agreement between Local 802 and Newsical L.L.C., 2129 45th Ave., Long Island City, NY 11101, for a production of “Newsical” at Upstairs at Studio 54, during the period August 23, 2004 through August 22, 2005.

Motion made and carried unanimously to approve the agreement.

Shankin excused at 1:32 p.m.

Donovan presented a reading agreement between Local 802 and Barbara Russell, 1208 Duke Drive, Woodbridge, NJ 07095 for the reading production of ” A Tale Of Two Cities” at The Little Shubert Theatre during the period August 3, 2004 through August 31, 2004

Motion made and carried unanimously to approve the agreement.

Donovan presented an agreement between Local 802 and the Irish Repertory Theatre, 132 West 22nd Street, New York, NY 10011, for the production of “Let’s Put On A Show” at the Irish Repertory Theatre during the period August 9, 2004 through September 12, 2005.

Motion made and carried unanimously to approve the agreement.

Donovan presented an agreement between Local 802 and the Frank Loesser Enterprise, 56 West 45th Street, New York, NY 10036 for the reading production of “Señor Discretion Himself” at Chelsea Studios during the period August 12, 2004, through August 19, 2004.

Motion made and carried unanimously to approve the agreement.

Donovan thanked and excused.

Blumenthal reported on a letter received from the Joffrey Ballet Foundation disavowing responsibility for contributions owed to the Local 802 Health Benefits Plan by the Joffrey Ballet.

Blumenthal reported that there would be no Executive Board meeting on Tuesday August 24, 2004 and that the next meeting of the board was expected to be held on Tuesday, August 31, 2004.

Meeting adjourned at 2:15 p.m.