Allegro

Executive Board Minutes

June 1, 2004 -- July 6, 2004

Volume CIV, No. 9September, 2004

TUESDAY, JUNE 1, 2004

Meeting called to order at 11:10 a.m. Present: President Lennon, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Gagliardi, Gale, Landolfi, Schaffner, Shankin, Whitaker, Assistant to the President Delia and Jazz Advisory Committee Liaison Owens. Also present: Assistant to the Financial Vice President Frances McDonald, Organizing Department Supervisor Joe Eisman, Organizer Summer Smith, and Concert Department staff members Chip Fader and Lisa Mejia. Blumenthal introduced new Concert Department staff member, Lisa Mejia.

Mejia excused.

Financial Vice President Blumenthal presented a report on the work of the Concert Department in connection with the Executive Board’s ongoing strategic analysis. (See minutes of March 30, 2004.)

Discussion held.

Board member Weiss present at 12:25 p.m.

Board member Gianinni present at 12:35 p.m.

Local 802 Music Performance Fund (MPF) coordinator Olga James present at 12:45 p.m. James distributed the Local 802 MPF allocations for 2004-2005.

Discussion held.

Fader, Eisman, Smith and James excused.

Management Information Systems (MIS) Director Cardillo present at 1:05 p.m.

Recording Vice President Dennison, Board member Schaffner and MIS Director Cardillo reported on the status of the Recording Department scanning project and discussions with the Film Musicians Secondary Markets Fund. (See minutes of April 20, 2004.)

Meeting recessed at 1:45 p.m.

Meeting resumed at 2:40 p.m. Present: Lennon, Dennison, Blumenthal, Gagliardi, Gale, Gianinni, Landolfi, Shankin, Weiss, Whitaker, Delia, and Owens.

Contract Administration Department Supervisor Hannen and Senior Representative Schilio appeared before the board to report on the successful effort to achieve an agreement between the AFM and Princeton Entertainment covering an orchestra hired for a series of Linda Ronstadt concerts. (See minutes of May 25, 2004.)

Lennon reported on the status of New York Philharmonic negotiations.

Shankin excused at 3:00 p.m.

Lennon reported on a grievance meeting with the League of American Theatres and Producers over unpaid wages at “Wonderful Town” and overtime at “The Producers.”

Lennon reported on discussions with NY City Mayor Bloomberg’s office and a representative of the NY Jets concerning the Hudson Yards project and distributed a press release describing Local 802’s endorsement of the project.

Lennon reported on a meeting of the trustees of the American Federation of Musicians and Employers’ Pension Fund.

Lennon reported on the status of the agreement covering Broadway Under the Stars. (See minutes of March 30, 2004.)

Lennon presented a request from the School of American Ballet for use of archival footage in a video to be used in the school’s fund raising and recruitment efforts.

Motion made and carried unanimously to approve the use of the footage in fund raising efforts; however, its use in regard to recruitment was to be permitted only if the video remained in the possession of the School.

Lennon requested approval of a salary adjustment for a staff member.

Motion made to approve the salary adjustment retroactive to January 1, 2004.

Discussion held.

Gale excused at 4:00 p.m.

Motion made and carried unanimously to table the motion.

Dennison reported on discussions with a representative of the League of American Theatres and Producers concerning the use of a DJ at the League sponsored Tony Awards after-party.

Discussion held.

Blumenthal requested approval of a scheduled salary increase for a staff member.

Motion made and carried unanimously to approve the increase.

Blumenthal requested approval of a scheduled salary increase for a supervisor.

Motion made and carried unanimously to approve the increase.

Blumenthal requested approval of a merit increase for a staff member.

Motion made and carried unanimously to approve the increase.

Blumenthal presented a proposed run-out agreement with the Di Capo Opera.

Motion made and carried unanimously to approve the agreement.

Blumenthal presented a recognition agreement with Camerata New York and reported on a dispute with Camerata over payment for a recent concert.

Motion made and carried unanimously to approve the agreement.

Lennon requested a donation of $250 from TEMPO802 to Tom Duane for Senate. Duane is a member of the NY State Senate.

Motion made and carried unanimously to approve the requested donation.

Meeting adjourned at 4:50 p.m.


TUESDAY, JUNE 8, 2004

Meeting called to order at 11:05 a.m. Present: Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Gale, Giannini, Landolfi, Shankin, Whitaker, Controller Bogert, and Assistant to the President Delia. President Lennon excused to attend a subcommittee meeting of the AFM Futures Committee. Blumenthal chaired the meeting.

Recording Vice President Dennison distributed minutes of May 25, 2004.

Motion made and carried unanimously to approve minutes as amended.

Dennison distributed minutes of June 1, 2004.

Schaffner present at 11:25 a.m.

Gagliardi present at 11:30 a.m.

Motion made and carried unanimously to approve minutes as amended.

Weiss present at 11:35 a.m.

Financial Vice President Blumenthal reported on the status of a judgment issued against James Harwood for contributions owed to the Local 802 Health Benefits Plan.

Blumenthal reported on the status of legal action taken against Camarata New York over unpaid wages. (See minutes of June 1, 2004.)

Blumenthal reported on his attendance at the New Jersey State Conference.

Blumenthal distributed a request from the NYC Gay Men’s Chorus to pay the day rehearsal rate for an evening rehearsal scheduled for Monday, June 21, 2004 and further, to employ a non-Local 802 chorus member, who had performed previously, to again perform in this June 21st concert.

Motion made and carried unanimously to approve the first request with the understanding that musicians who have other employment may send a substitute to the rehearsal without penalty. Additionally, to approve the second request on a one time only basis and to waive the Local 802 initiation fee for any chorus member who joins Local 802 by July 31, 2004.

Dennison distributed a letter from Member John Glasel concerning the Hudson Yards project.

Dennison reported that Local 802 would host a meeting on June 21, 2004 with representatives of the AFM, Local 47 AFM in Los Angeles, Local 257 AFM in Nashville, and the Film Musicians Secondary Markets Fund to review the compatibility of various data management software used to handle electronic media contracts.

Dennison and Board member Schaffner reported on the status of negotiations between the AFM and the recording industry over the digital sale of music and the extension of the AFM Sound Recording Labor Agreement.

Jazz Representative Charles appeared before the Board and presented a contract with Jay-Oh Music Inc.

Motion made and carried unanimously to approve the contract subject to clarification of pension language.

Charles presented a contract with BobbyLavell Music, Inc.

Motion made and carried unanimously to approve the contract subject to clarification of pension language.

President Lennon present at 12:40 p.m.

Lennon reported on the status of New York Philharmonic negotiations.

Discussion held.

Landolfi excused at 1:25 p.m.

Lennon distributed a letter sent to Jed Bernstein, Executive Director of the League of American Theatres and Producers, objecting to the use of a DJ at the League sponsored TONY Awards after-party.

Lennon excused at 2:10 p.m.

Blumenthal distributed a schedule of live music events co-sponsored by the Music Performance Fund and Local 802, and a schedule of broadcasts on AirAmerica, 1190 AM, of a Local 802 live music radio commercial.

Motion made and carried unanimously to approve the April 2004 vouchers.

Meeting adjourned at 2:15 p.m.


TUESDAY, JUNE 15, 2004

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

Recording Vice President Dennison distributed minutes of June 8, 2004.

Weiss present at 11:15 a.m.

Gale present at 11:20 a.m.

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

Financial Vice President Blumenthal requested purchase of one ticket at the cost of $175 to the NYS AFL-CIO’s Annual Labor Celebration.

Motion made and carried unanimously to approve the request.

Blumenthal requested a contribution of $150 to Friends of Alan Gerson from TEMPO802. Gerson is a member of the NY City Council.

Motion made and carried unanimously to approve the request.

Blumenthal requested a contribution of $250 to Serrano for State Senate from TEMPO802. Jose Serrano is a member of the NY City Council and a candidate for the NY State Senate.

Motion made and carried unanimously to approve the request.

Blumenthal requested a contribution of $250 to Rangel for Congress from TEMPO802. Charles Rangel is a member of the U.S. House of Representatives.

Motion made and carried unanimously to approve the request.

Blumenthal requested a contribution of $250 to Friends of Bill de Blasio from TEMPO802. Bill de Blasio is a member of the NY City Council.

Public Relations Director Beaudoin present at 11:55 a.m.

Motion made and carried unanimously to approve the request.

Blumenthal requested a contribution of $250 to the Greater New York Labor Religion Coalition.

Motion made and carried unanimously to approve the request.

Blumenthal requested a contribution of $250 to Yassky for New York from TEMPO802. David Yassky is a member of the NY City Council.

Motion made and carried unanimously to approve the request.

Board member Giannini and Beaudoin distributed a proposed job description for the position of Developmental Director for the Council for Living Music.

Discussion held.

Contract Administration Department Supervisor Hannen, Principal Business Rep Voccola and newly hired Long Island Business Rep Frank DeFilippi, appeared before the board. Hannen introduced DeFilippi to the Board.

Voccola and DeFilippi excused.

Hannen presented a contract with Chancellor Music, Inc.

Motion made and carried to approve the contract. Weiss opposed.

Meeting recessed at 1:15 p.m.

Meeting resumed at 2:10 p.m. Present: Blumenthal, Dennison, Babich, Gagliardi, Gale, Giannini, Landolfi, Schaffner, Shankin, Weiss, Whitaker, Bogert, Delia, Owens and Local 802 Counsel Leibowitz.

Discussion held on contractual language in regard to scale wages, gross wages and pension contributions.

Blumenthal reported on a request from the Music Performance Fund (MPF) that Local 802 participate in co-funding an event to celebrate the centennial of the birth of Count Basie. The co-funding request was for $1,500. The other sponsors of the event are the MPF and the Jazz Foundation of America.

Motion made and carried unanimously to approve the request.

Blumenthal informed the board of a request made to the NY Pops Orchestra Committee from NY Pops management regarding a performance of the national anthem at Yankee Stadium prior to a NY Yankee’s baseball game.

Discussion held.

Dennison presented a contract with Seven Strings Limited.

Motion made and carried unanimously to approve the contract.

Dennison reported that a decertification petition has been filed with the National Labor Relations Board by several teachers at the The Early Ear, Inc.

Organizing Director Eisman present at 3:45 p.m.

Discussion held.

A board member requested a discussion of an earlier board action approving a request from the NY City Opera to move the dates of the opera’s guaranteed workweeks. (See minutes of March16, 2004.)

Discussion held

Weiss and Gale excused at 4:00 p.m.

Meeting adjourned 4:20 p.m.


TUESDAY, JUNE 22, 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, Gale, Landolfi, Weiss, Controller Bogert, Assistant to the President Delia.

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

Gagliardi and Schaffner present at 11:15 a.m.

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

Bogert requested approval of a scheduled salary increase for a supervisor.

Motion made and carried unanimously to approve the request.

Giannini present at 11:20 p.m.

Bogert informed the board that the building real estate tax payment was due and that an appeal was being filed in regard to the current tax assessment.

Shankin present at 11:25 a.m.

Mary Donovan appeared before the board and presented a contract with From My Home Town, L.P. for the production “From My Hometown” at the Gramercy Theatre.

Motion made and carried unanimously to approve the contract.

Jazz Advisory Committee Liaison Owens present at 11:30 a.m.

President Lennon reported on a meeting of representatives from the AFM, major recording locals and the Film Musicians Secondary Markets Fund hosted by Local 802, to review the compatibility of various data management software used to handle electronic media contracts. (See minutes of June 8, 2004.)

Present for a discussion on the work of the Jazz Department: Jazz Representative Charles, part-time Jazz Representative Cranshaw, Organizing Director Eisman, Contract Administration Department Supervisor Hannen and Organizer Smith.

Dennison, Charles and Cranshaw reported on the work of the Jazz Department in preparation for the board’s ongoing strategic analysis. (See minutes of March 30, 2004.)

Discussion held.

Meeting recessed at 1:45 p.m.

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

Lennon distributed a letter from the producers of “Wonderful Town” regarding cuts list musicians.

Discussion held.

Lennon distributed copies of Playbill ads in support of Actors’ Equity, a letter of appreciation from Actors’ Equity President Patrick Quinn and press reports and email concerning the virtual orchestra machine.

Lennon reported on the status of NY Philharmonic negotiations.

NY Philharmonic Orchestra Negotiating Committee members Dawn Hannay, Newton Mansfield, James Markey, Kenneth Mirkin and Fiona Simon appeared before the board to discuss a potential grievance.

Discussion held.

Gale and Babich excused at 4:10 p.m.

Owens excused at 4:15 p.m.

Dennison and Schaffner excused at 4:20 p.m. Blumenthal took minutes.

Hannay, Mansfield, Markey, Mirkin and Simon excused at 4:30 p.m.

Discussion resumed on the NY Philharmonic negotiations.

Bogert excused at 4:40 p.m.

Motion made and carried unanimously to request that Bill Moriarity attend an upcoming board meeting to discuss his participation in the NY Philharmonic negotiations.

Meeting adjourned at 5:00 p.m.


TUESDAY, JUNE 29, 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 Assistant to the President Delia.

President Lennon reported on the status of several grievances against the NY City Ballet.

Schaffner present at 11:15 a.m.

Weiss present at 11:20 p.m.

Discussion held.

Lennon reported on a request from the NY City Ballet orchestra committee that the orchestra be allowed to perform without pay at a fund raising event for the Saratoga Performing Arts Center. The board was informed that none of the other workers involved in the event would be paid.

Motion made and carried unanimously to approve the request subject to approval by a secret ballot vote of the orchestra and with the proviso that any individual orchestra member’s participation in the performance was to be voluntary.

Lennon reported on the status of negotiations between Actors’ Equity and the League of American Theatres and Producers and

Local 802’s support of Equity’s bargaining efforts.

Discussion held.

Delia excused.

Former Local 802 president Bill Moriarity appeared before the Board.

Lennon reported on the NY Philharmonic negotiations and Moriarity’s participation in same.

Discussion held.

Meeting recessed at 1: 35 p.m.

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

Financial Vice President Blumenthal reported on a request from the Brooklyn Academy of Music regarding the engagement of members of the Brooklyn Philharmonic for performances with the Canadian National Ballet. BAM requested permission to include a rehearsal as one of the scheduled performances that would be included as part of the weekly performance salary.

Blumenthal was asked to obtain additional information concerning the request.

Blumenthal reported on a grievance against the New York Gilbert and Sullivan Players and requested a waiver of the second step of the grievance process (board review), in order to proceed directly to arbitration.

Motion made and carried unanimously to grant the request.

Blumenthal reported that the Brooklyn Philharmonic had agreed to a negotiated payment to orchestra members who had been recorded during a June 19, 2004 performance for the internet streaming of that performance simultaneous with its broadcast on National Public Radio.

Recording Vice President Dennison reported on the dismissal of a staff member.

Dennison reported on consultations with the architectural firm Furnstahl & Simon in regard to data management, office organization, office furnishings and office equipment for the 2nd floor. He requested payment of a consultant’s fee of $2,595 to Furnstahl & Simon.

Motion made and carried unanimously to approve the request.

Meeting recessed at 3:00 p.m. to attend the membership meeting.

Meeting resumed at 3:35 p.m. Present: Present: Lennon, Blumenthal, Dennison, Babich, Gagliardi, Gale, Schaffner, Shankin, Weiss, and Delia.

Lennon distributed the bylaw resolution submitted for consideration at the June 29, 2004 membership meeting. Because no quorum had been present for that meeting, the bylaw resolution reverted to the board for disposition. (See Allegro June 2004 for text of bylaw resolution.)

Motion made and carried unanimously to adopt the bylaw resolution amending Article III, Section 11. Members Legal Services Fund.

Lennon reported on recent discussions with the producers of the Broadway show “Wicked” concerning the cuts list.

Discussion held.

Assistant to the President Delia reported that, in lieu of a Labor Day Parade this year, the NY City Central Labor Council was planning a rally during the Republican National Convention. Delia requested $1,000 from the Labor Day budget to engage a Local 802 member to coordinate the union’s participation in that rally.

Motion made and carried unanimously to approve the request.

Weiss excused at 3:55 p.m.

Delia presented a request from a Broadway musician to waive the prohibition against returning to sub in a show during a leave of absence which had been granted to perform another steady engagement in the jurisdiction of Local 802.

Motion made and carried unanimously to deny the request.

Meeting adjourned at 4:05 p.m.


TUESDAY, JULY 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 and Assistant to the President Delia.

Recording Vice President Dennison distributed minutes of June 22, 2004.

Schaffner present at 11:15 a.m.

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

Dennison distributed minutes of June 29, 2004.

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

Dennison distributed the CAC minutes of June 29, 2004, which included expenditures from the Special Projects and Services Fund as referenced below.

Motion made and carried unanimously to concur with the CAC expenditure of up to $1,237 for member A. Scelba to attend the Regional Orchestra Players Association conference in Las Vegas.

Motion made and carried unanimously to concur with the CAC expenditure of up to $1,700 for member E. Silverman to attend the International Conference of Symphony and Opera Musicians (ICSCOM) conference in Salt Lake City.

Motion made and carried unanimously to concur with the CAC expenditure of up to $1,700 for member N. McAlhany to attend the ICSOM conference in Salt Lake City.

Motion made and carried unanimously to concur with the CAC expenditure of $12,989.67 for one third of the capital cost of a scanning project to digitally preserve Local 802 phonograph contracts.

President Lennon distributed correspondence between Local 802 and Dodger Stage Holding Theatricals Inc. regarding the status of their collective bargaining agreement with Local 802. Discussion held.

Lennon distributed correspondence

between Local 802 and the League of American Theatres and Producers regarding the special situations neutrals panel and a special situation request from the producers of “All Shook Up.”

Discussion held on the special situation request.

Vice President Blumenthal reported on plans and budget for a proposed Local 802 staff picnic.

Discussion held.

Meeting recessed at 1:15 p.m.

Meeting resumed at 2:00 p.m. Present: Lennon, Blumenthal, Dennison, Babich, Gagliardi, Gale, Giannini, Schaffner, Shankin, Weiss and Delia.

Lennon reported on the status of Actors’ Equity negotiations.

Lennon reported on negotiations with Local 153 of the Office and Professional Employees International Union, which represents the Local 802 clerical staff.

Discussion held.

Dennison presented a proposed contract with the Metropolitan Opera Guild, Inc. covering the Guild’s teaching artists.

Motion made and carried unanimously to approve the contract subject to ratification by the bargaining unit, and to offer the organizing discount to any teaching artist who joins Local 802 during a six-week period following ratification of the contract.

Delia presented a contract with the Vivian Beaumont Theatre Inc. d.b.a. Lincoln Center Theatre for productions at The Mitzi E. Newhouse Theatre from June 1, 2004 through May 31, 2005.

Motion made and carried unanimously to approve the contract.

Present for a report on the work of the Recording Department: Principal Recording Representative Sheldon, Senior Recording Representative Rodriguez, Organizing Director Eisman, Senior Organizer Smith, Organizer Coucuza and Jazz Representative Charles.

Lennon introduced newly hired organizer Amy Coucuza to the board.

Schaffner reported on the work of the Recording Department in preparation for the board’s ongoing strategic analysis. (See minutes of March 30, 2004.)

Discussion held.

Weiss excused at 3:55 p.m.

Gale excused at 4:00 p.m.

Meeting adjourned at 4:50 p.m.