Allegro

Executive Board Minutes

February 22, 2005 -- March 22, 2005

Volume CV, No. 6June, 2005

TUESDAY, FEBRUARY 22, 2005

Meeting called to order at 11:15 a.m. Present: Financial Vice President Blumenthal, Executive Board members Babich, Gagliardi, Gale, Landolfi, Schaffner, Shankin, Weiss, Controller Bogert and Jazz Advisory Committee Liaison Owens. President Lennon excused on union business. Recording Vice President Dennison excused on vacation. Blumenthal chaired the meeting. Bogert took the minutes of the meeting.

Financial Vice President Blumenthal presented a Memorandum of Agreement with the S.E.M. Ensemble.

Motion made and carried unanimously to approve the agreement.

Blumenthal reported on the status of negotiations with the American Symphony Orchestra and with the St. Luke’s Chamber Ensemble/Orchestra of St. Lukes.

President Lennon and Assistant to the President Delia present at 11:45 a.m. during the foregoing report.

Lennon reported on the AFM Electronic Media Summit held in Chicago, which he, Blumenthal and New York Philharmonic Orchestra Committee chair Fiona Simon had attended.

Inside Broadway Executive Director Michael Presser appeared before the Board. Presser reported on the efforts of Inside Broadway to bring the musical theatre experience to New York City school children. He requested a contribution to support the work of Inside Broadway as well as a letter of endorsement from Local 802. He also discussed the organization’s spring benefit scheduled for April 18, 2005.

Public Relations Director Beaudoin present during foregoing discussion.

Presser thanked and excused.

Beaudoin excused.

Discussion held.

Meeting recessed at 1:15 p.m.

Meeting resumed at 2:05 p.m. Present: Lennon, Blumenthal, Babich, Gagliardi, Gale, Landolfi, Schaffner, Shankin, Weiss, Bogert, Delia and Owens.

Lennon reported on a meeting of the Pamphlet B negotiating committee to be held in Washington D.C. on February 23, 2005.

Discussion held.

Motion made and carried unanimously that President Lennon urge the committee, in the strongest possible terms, to adopt Local 802’s successful campaign against the replacement of live musicians with the virtual orchestra machine.

Lennon distributed a Project Proposal for strategic planning over the next several weeks working with facilitators from Cornell University’s School of Industrial and Labor Relations. (See minutes of December 14, 2004.)

Board member Gale distributed a proposed Mission Statement and Activities Outline for the Council for Living Music, a not-for-profit corporation devoted to the promotion of live music.

Meeting recessed at 3:00 for the February Membership Meeting, which failed to achieve a quorum.

Meeting resumed at 4:15 pm. Present: Blumenthal, Babich, Gagliardi, Gale, Schaffner, Shankin, Weiss, Delia and Owens. Lennon excused on union business.

Discussion held on the proposed by-law amendment that was to have been presented to the February membership meeting.

Local 802 Counsel Harvey Mars appeared before the Board to report on efforts to collect unpaid wages and benefits from an employer. Mars recommended the retention of a private investigator to assist in the collection of a judgment against this employer. 

Discussion held.

Motion made and carried unanimously to approve the expenditure of up to $1,500 to engage a private investigation firm to assist in the collection of the judgment.

Meeting adjourned 4:30 p.m.


TUESDAY, MARCH 1, 2005

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

President Lennon distributed a proposed resolution to be presented to the 2005 AFM Convention calling on the AFM, its locals and members to take whatever steps necessary to impede the spread of the virtual orchestra machine and to defend live music.

Discussion held.

Motion made and carried unanimously to endorse and submit the resolution as amended to the 2005 AFM convention.

Lennon distributed a proposed New York Philharmonic Audio Recording Agreement.

Motion made and carried unanimously to approve the agreement as amended and subject to ratification by the bargaining unit.

Motion made and carried unanimously to approve the payment of travel expenses for three New York Philharmonic musicians to participate in a benefit concert to assist striking members of the St Louis Symphony. The payment of expenses was to come from Local 802’s Strike Fund.

Lennon initiated a discussion of Article III Section 11 of the Local 802 Bylaws concerning the Members Legal Services Fund.

Discussion held.

Board member Whitaker present at 12:10 p.m. during the foregoing discussion.

Recording Vice President Dennison presented plans for a 2005 Local 802 membership Drive that included a budget of $7,000 for promotional material and advertising.

Motion made and carried unanimously to approve the membership drive and budget as proposed.

Principal Theatre Business Rep Donovan appeared before the Board and presented an agreement with the Brooklyn Academy of Music for the production of “Play Without Words” at the Brooklyn Academy of Music’s Harvey Theatre.

Motion made carried unanimously to approve the agreement.

Meeting adjourned at 12:50 p.m.


TUESDAY, MARCH 8, 2005

Meeting called to order at 12:00 p.m. Present: President Lennon, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Gagliardi, Gale, Landolfi, Shankin, Weiss, Controller Bogert and Jazz Advisory Committee Liaison Owens.

Recording Vice President Dennison distributed the minutes of February 8, 2005.

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

Dennison distributed the minutes of February 22, 2005.

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

Dennison distributed the minutes of March 1, 2005.

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

President Lennon reported on the status of negotiations with the Metropolitan Opera management. He also reported on the expected legal costs associated with the regular orchestra’s negotiations.

Discussion held.

Meeting recessed at 1:55 p.m.

Meeting resumed at 3:00 p.m. Present: Lennon, Blumenthal, Dennison, Gagliardi, Gale, Shankin, Weiss and Owens.

Lennon distributed materials in regard to the Members Legal Services Fund and a summary of the work dues paid by members of the major orchestras covered by Local 802 collective bargaining agreements.

Discussion held.

Principal Theatre Business Rep Donovan and Theatre Business Rep Bond appeared before the Board and presented an agreement with Inside Broadway.

Motion made and carried unanimously to approve the agreement.

Donovan and Bond presented an agreement with Roy Gabay Theatrical Productions and Management for the production “Altar Boyz.”

Motion made and carried unanimously to approve the agreement.

Bond presented an agreement with The Public Theatre covering the production “Ghetto Superstar “at Joe’s Pub.

Motion made and carried unanimously to approve the agreement.

Lennon reported that members of the NY Philharmonic had ratified an Audio Recording Agreement with Philharmonic management. (See minutes of March 1, 2005.)

Lennon reported on the New York-New England Joint Conference of AFM Locals held in Newport, R.I. on March 5 and 6 that was attended by himself, Blumenthal and Dennison.

Lennon reported that a hearing to be conducted by the NYS Employment Relations Board regarding the Opera Company of Brooklyn had been postponed at the request of the Administrative Law Judge.

Financial Vice President Blumenthal distributed the 2004 financial report of the Musicians Emergency Relief Fund.

Blumenthal reported on discussions with the Merce Cunningham Dance Company regarding upcoming performances.

Blumenthal reported on the status of

disputes with the New York City Gay Men’s Chorus and with St. Patrick’s Cathedral.

Meeting adjourned at 4:20 p.m.


TUESDAY, MARCH 15, 2005

Meeting called to order at 11:00 a.m. Present: President Lennon, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Babich, Gagliardi, Gale, Giannini, Landolfi, Shankin, Whitaker, Controller Bogert, Assistant to the President Delia and Jazz Advisory Committee Liaison Owens.

President Lennon distributed working rules for Executive Board meetings.

Recording Vice President Dennison distributed the minutes of March 8, 2005.

Board member Schaffner present at 11:05 a.m.

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

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

Lennon proposed that the date for the June membership meeting be June 7, 2005.

Motion made and carried unanimously that the June membership meeting be held on June 7, 2005 at 3 p.m.

Lennon reported on his attendance at a meeting of the AFM Futures Committee and International Executive Board (IEB) held in New Orleans. He also reported on a subsequent meeting of the IEB with representatives from the major recording locals, which was attended by himself and Executive Board member and Recording Department Supervisor Schaffner.

Discussion held.

Local 802 Counsel Mars, Organizing Director Eisman, Contracts Administration Department Supervisor Hannen, Long Island Principal Business Rep Voccola and Long Island Business Rep DeFillipo appeared before the Board for a discussion of ongoing efforts to achieve a new collective bargaining agreement covering the employment of musicians at Jones Beach.

Discussion held.

Meeting recessed at 1:00 p.m.

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

Lennon requested reimbursement of expenses for NY Philharmonic Committee Chair Fiona Simon in the amount of $642.14 regarding her attendance at the AFM electronic media summit in Chicago.

Motion made and carried unanimously to approve the request.

Local 802 Counsel Leibowitz present for a discussion of the Members Legal Services Fund.

Discussion held.

New York City Ballet orchestra committee member Sara Cutler and New York City Opera orchestra negotiating committee chair Gail Kruvand appeared before the Board to discuss the Members Legal Services Fund.

Discussion held.

Cutler and Kruvand thanked and excused.

Discussion continued.

Leibowitz excused.

Weiss excused at 3:45 p.m.

Lennon distributed a proposed retainer agreement between Local 802, the Metropolitan Opera Orchestra Committee and attorney Melvin Schwarzwald. Lennon also distributed a proposed retainer agreement between the Local 802, the New York City Opera Orchestra and attorney Susan Martin.

Discussion held.

Controller Bogert excused at 4:15 p.m.

Dennison reported on a meeting held with New York State Assembly member Denny Farrell regarding a proposed change in how New York State sales tax is applied to smaller live music venues that also serve food and beverage. The meeting with Farrell was attended by Dennison, Jazz Advisory Committee Chair Owens, member Bob Cranshaw, Public Relations Director Beaudoin, attorney Richard Winston and representatives from New York City music clubs.

Discussion held.

Gale and Landolfi excused at 4:30 p.m.

Dennison presented an agreement with Contrary Mary Music, Inc. (Walt Weiskopf).

Motion made and carried unanimously to approve the agreement.

Financial Vice President Blumenthal reported on the status of negotiations with a number of freelance orchestras. He also reported on the scheduled resumption of negotiations with the New York City Gay Men’s chorus and distributed a settlement agreement between the National Labor Relations Board, Local 802 and the Gay Men’s Chorus.

Meeting adjourned at 4:45 p.m.


TUESDAY, MARCH 22, 2005

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, Shankin, Weiss, Controller Bogert, Assistant to the President Delia and Jazz Advisory Committee Liaison Owens.

Recording Vice President Dennison distributed the minutes of March 15, 2005.

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

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

Lennon reported on the status of negotiations with the management of the Metropolitan Opera.

Discussion held.

Lennon reported on the scheduled start of AFM Pamphlet B negotiations.

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

Lennon reported that Music Preparation Department Supervisor Hafemeister had requested and was granted an unpaid leave of absence for personal reasons and that efforts had been undertaken to fill the position during her absence.

Lennon reported that Matthew Milne had been hired to replace Controller Bogert who was retiring effective March 31, 2005.

Public Relations Director Beaudoin present.

Tom Byrne from Air America Radio and Frank Emspak from the Worker Independent News Service appeared before the Board to discuss Local 802’s participation in Air America Radio’s worker news programming and the possible purchase of commercial time on Air America Radio. Air America Radio is heard on WLIB 1190 AM.

Byrne and Emspak thanked and excused.

Discussion held.

Beaudoin excused.

Financial Vice President Blumenthal reported on the resumption of negotiations with the NYC Gay Men’s Chorus.

Blumenthal presented an agreement with the Opera Orchestra of New York.

Motion made and carried unanimously to approve the agreement subject to ratification by the bargaining unit.

Blumenthal reported on an issue regarding the Orchestra of St. Luke’s.

Dennison presented an agreement with MLeonhart Inc. (Michael Leonhart).

Motion made and carried unanimously to approve the agreement.

Blumenthal responded to a question concerning the status of negotiations with management of the American Symphony Orchestra.

Discussion held.

Newly hired controller Milne appeared before the board and was introduced to board members.

Meeting recessed at 1:10 p.m.

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

Dennison distributed a proposal from AIG-American General Insurance Company for an Excess Major Medical Insurance Plan (catastrophic insurance) that would be made available for purchase by Local 802 members and staff. Eligibility for purchase of the Excess Major Medical Insurance Plan required that an individual have a minimal level of coverage that included major medical insurance with an annual cap of at least $25,000 and a hospitalization plan.

Discussion held.

Personnel Director Fran McDonald present.

Dennison distributed a proposal from Blue Cross-Blue Shield for a dental plan to be made available to Local 802 staff and officers. Individuals who opt for the plan would pay through a payroll deduction. The plan benefit would be capped at $1,500 per year per covered individual.

McDonald thanked and excused.

Blumenthal excused at 2:30 p.m.

Lennon reported on the status of retainer agreements covering the legal services of attorneys engaged for negotiations in behalf of the Metropolitan Opera Orchestra and the NYC Opera orchestra. (See minutes of March 15, 2005.)

Board member Gale outlined the terms of a proposed bylaw amendment regarding the Members Legal Services Fund.

Discussion held.

Whitaker excused at 4:00 p.m.

Whitaker present at 4:15 p.m.

Controller Bogert distributed a letter received from ULLICO (Union Labor Life Insurance Company) notifying Local 802 about a shareholder inquiry regarding a 2000 to 2002 stock repurchase program. (See minutes of August 8, 2000.) The Board requested that Bogert refer the letter to legal counsel.

Bogert distributed the December 2004 and the January 2005 vouchers.

Meeting adjourned at 4:30 p.m.