TUESDAY, SEPTEMBER 28, 2004

Meeting called to order at 11:15 a.m. Present: Recording Vice President Dennison, 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 AFM & EPF Trustees. Financial Vice President Blumenthal excused for negotiations. Dennison chaired the meeting. Bogert took the minutes.

Recording Vice President Dennison distributed the minutes of September 21, 2004.

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

Dennison reported on the status of retainer payments to legal counsel.

Discussion held.

Motion made and carried unanimously to schedule a membership meeting for February 22, 2005.

Dennison shared with the Board an inquiry from a Broadway musician concerning the possibility of a leave of absence from a Broadway show to work on an out-of-town Broadway break-in.

Discussion held.

Delia presented a request from Long Island Masterworks, Inc., to allow two evening rehearsals to be paid at the daytime rate because of scheduling conflicts with its chorus of adult amateur singers.

Motion made and carried unanimously to approve the request provided that no musician unable to attend an evening rehearsal would be penalized.

Delia presented a request from The Actors’ Fund of America to purchase tickets and/or an ad in its souvenir journal for an awards event on October 30, 2004.

Discussion held.

Giannini excused at 11:50 a.m., during the foregoing discussion.

The board requested additional information regarding this request.

Dennison and Schaffner reported on a recommendation from the officers relating to retiree health benefits for a staff member retiring from the recording department.

Discussion held.

Motion made and carried unanimously to grant the staff member retiree health benefits comparable to those provided for in the Organization of Union Representatives collective bargaining agreement.

Principal Theatre Business Rep Donovan appeared before the board and presented a contract between Local 802 and Bare Two, L.L.C., c/o Dodger Stage Holding Theatricals, Inc., 230 West 41st Street, New York, NY 10036, for the production of “Bare” at Dodger Stages. It was noted that the agreement included a ban on the virtual orchestra machine.

Gale present at 12:32 p.m.

Motion made and carried unanimously to approve the contract.

Donovan excused.

Schaffner distributed to the board the most recent Recording Musicians Association (RMA) newsletter and reported on recent developments in the RMA.

Discussion held.

Schaffner reported on preparations for the upcoming AFM jingle negotiations.

Discussion held.

Gale excused at 1:50 p.m.

Controller Bogert presented requests for salary increases for three non-bargaining unit employees.

Motion made and carried unanimously to approve the increases.

Motion made and carried unanimously to approve the July vouchers.

Bogert distributed the vouchers for the month of August.

Bogert presented the financial results for the months of July and August as well as the cumulative financial results for January through August 2004.

Meeting adjourned at 2:05 p.m.

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TUESDAY, OCTOBER 5, 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, Giannini, Landolfi, Shankin, Whitaker, Controller Bogert and Assistant to the President Delia. Local 802 Counsel Leibowitz, Principal Theatre Business Rep Donovan and Theatre Representative Bond also present.

Lennon reported on Local 802’s and the League of American Theatres and Producers’ presentations to the Special Situations Committee having met on September 30, 2004 to consider a request that the Broadway musical “All Shook Up” be considered a special situation (see minutes of September 7, 2004). Lennon reported that the Committee, consisting of two representatives of the League, two representatives of the union and three neutrals, subsequently ruled that the musical was not a special situation. The decision, therefore, required the shows producer to engage the minimum complement of playing musicians as called for in the collective bargaining agreement between Local 802 and the League of American Theatres and Producers.

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

Discussion held.

Jazz Advisory Committee Liaison Owens present at 11:55 a.m.

Donovan and Bond excused.

Blumenthal reported on a meeting held with elected officials and management of Eos in regard to current negotiations.

Leibowitz excused.

Lennon reported on the status of negotiations with the New York Philharmonic and requested strike authorization for the orchestra.

Motion made and passed unanimously to approve strike authorization.

Meeting recessed at 1:10 p.m.

Meeting resumed at 1:55 p.m. Present: Lennon, Dennison, Babich, Gagliardi, Gale, Landolfi, Shankin, Weiss, Whitaker, Bogert, and Delia.

Recording Vice President Dennison distributed the minutes of September 28, 2004.

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

Blumenthal and Owens present at 2:05 p.m.

Lennon requested purchase of one ticket at the cost of $500 to the Actors’ Fund of America annual benefit as well as payment of $250 towards the purchase of an ad in the benefit journal.

Motion made and carried unanimously to approve the request.

Lennon requested purchase of 2 tickets at $100 each to a Citizen Action of New York fund raising event in support of get out the vote efforts in the upcoming national elections.

Motion made and carried unanimously to approve the request from the applicable fund.

Motion made and carried unanimously to approve the August vouchers.

Bogert distributed information about work dues income from various areas of work covered by Local 802 agreements.

Discussion held.

Concert Representative Heyman-Kantor appeared before the board and presented a contract with Musica Viva.

Motion made and carried unanimously to approve the agreement subject to ratification by the bargaining unit. It was noted that the agreement included a ban on the use of virtual orchestra machines.

Heyman-Kantor presented a contract with the New York Collegium, Inc.

Motion made and carried unanimously to approve the agreement subject to ratification of the bargaining unit. It was noted that the agreement included a ban on the use of virtual orchestra machines.

Dennison requested purchase of 7 tickets at $100 per ticket to the Jazz Foundation of America annual fund raising event.

Motion made and carried unanimously to approve the request.

Dennison presented a contract with Sixteen As One Music, Inc. (Vanguard Jazz Orchestra).

Motion made and carried unanimously to approve the contract.

Motion made to concur with the CAC minutes of September 21, 2004.

Blumenthal reported on the status of negotiations with the Stamford Symphony.

Blumenthal reported on discussions with the management of Carrolls Studio in regard to safety issues at their new location.

Blumenthal reported on Local 802’s support for live performance events as part of its public relations campaign and discussed ideas for involving the Council for Living Music and the Music Performance Fund (MPF) in these efforts.

Discussion held.

Shankin excused at 3:15 p.m.

Lennon appointed a committee consisting of Babich, Blumenthal, Gale, Bogert and Owens, to review how best to coordinate the union’s public relations efforts with the Council for Living Music and MPF.

Meeting adjourned at 3:30 p.m.

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TUESDAY, OCTOBER 12, 2004

Meeting called to order at 11:10 a.m. Present: Financial Vice President Blumenthal, Executive Board members Gagliardi, Gale, Giannini, Landolfi, Shankin and Whitaker, Controller Bogert and Jazz Advisory Committee Liaison Owens. President Lennon and Recording Vice President Dennison excused to attend to other union business. Blumenthal chaired the meeting. Bogert took the minutes of the meeting.

Motion made and carried unanimously to approve the minutes of October 5, 2004, as amended.

President Lennon and board member Weiss present during the foregoing.

Lennon reported on the status of the special situation case relating to the Broadway musical “All Shook Up.” He advised the board that the League of American Theatres and Producers had advised him that the League was determined to take the matter to binding arbitration, and that there has been an exchange of letters between counsel to the parties concerning the selection of an arbitrator.

Discussion held.

Lennon presented the agreement between Local 802 and the Philharmonic-Symphony Society of New York, Inc., covering the period September 21, 2004 through September 20, 2007.

Discussion held.

Motion made and passed unanimously to affirm a telephone poll of the board approving the agreement.

Giannini excused at 1:15 p.m.

Lennon excused at 1:17 p.m.

Principal Theatre Business Rep Donovan and Theatre Representative Bond appeared before the board and presented a Personal Services Agreement between Local 802 and High Flyers Ltd., for the services of Paul Ford, a musical director/conductor, covering the period September 20, 2004, through October 28, 2004.

Motion made and carried unanimously to approve the agreement.

Donovan presented an Agreement between Local 802 and Edward Thomas, Producer, for a showcase production of “Irrationals” at the American Theatre of Actors during the period September 15, 2004 through December 5, 2004.

Motion made and carried unanimously to approve the agreement.

Donovan presented an agreement between Local 802 and Immigrant the Musical, LLC, for the production of “The Immigrant” at Dodger Stages during the period September 20, 2004 through August 15, 2006. The agreement was included in a booklet entitled “Commercial Off Broadway Area Standards” which was intended for use as “boiler plate” language for similar agreements.

Motion made and carried unanimously to approve the agreement.

Donovan and Bond thanked and excused.

Blumenthal reported that orchestra ratification votes were currently in progress at New York Collegium, Inc., and Musica Viva.

Blumenthal reported on a harassment case which may result in Trial Board charges.

Blumenthal reported that he had been contacted about preparations for a concert at the United Nations in celebration of Human Rights.

Meeting adjourned at 1:50 p.m.