Allegro

Executive Board Minutes

June 21, 2005 -- July 12, 2005

Volume CV, No. 12December, 2005

TUESDAY, JUNE 21, 2005

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

Recording Vice President Dennison distributed the minutes of May 31, 2005.

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

Dennison distributed the minutes of June 14, 2005.

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

Financial Vice President Blumenthal presented an agreement with the Hora Decima Brass Ensemble.

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

Motion made and carried unanimously to approve the agreement.

Board member Weiss present at 11:25 a.m.

Blumenthal reported that MIS Director Cardillo had informed the union that he had accepted an offer of employment elsewhere and would be submitting his resignation to be effective once a replacement had been found. Blumenthal also reported that the search for a replacement had begun.

Board member Schaffner present at 11:35 a.m.

Discussion held.

Blumenthal reported on the status of a potential dispute with the Atlantic Chamber Symphony.

Dennison reported that legislation introduced by Local 802 in the New York State Legislature regarding the sales tax on admission to jazz clubs had passed the New York State Assembly.

Discussion held.

Dennison reported that Tenants & Neighbors was sponsoring a rally in support of their demand for home rule powers for New York City in regard to rents and evictions. Dennison requested up to $750 from the public relations budget to cover expenses for live music for the event.

Motion made and carried unanimously to approve the request.

Dennison presented an agreement with Jazz Legacy, Inc. (Larry Ridley).

Motion made and carried unanimously to approve the agreement.

Dennison requested a $150 contribution from TEMPO802 to the campaign committee of NYC Council Member Melinda Katz.

Motion made and carried unanimously to approve the request.

Meeting recessed at 1:10 p.m.

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

Dennison presented an invoice in the amount of $12,325 from attorney Susan Martin representing the balance of legal fees for the NYC Opera Orchestra negotiations. Dennison pointed out that the retainer agreement with Martin required an additional payment of $11,750, which represented the balance of funds available to this bargaining unit under the formula contained in the Members Legal Services bylaw and that any additional balance would be due from the bargaining unit.

Discussion held.

Motion made and carried unanimously to approve payment of $11,750 from the Members Legal Services Fund to attorney Martin.

Schaffner excused at 3:00 p.m.

Dennison shared with the board an offer from the National Income Life Insurance Company for accidental death and dismemberment insurance for Local 802 members.

Discussion held.

President Lennon present at 3:30 p.m.

Lennon presented an agreement with the Metropolitan Opera covering the orchestra members and librarians as well as a side letter covering the associate musicians.

Discussion held.

Gale excused at 3:45 p.m.

Motion made and carried unanimously to approve the agreement subject to the clarification of two issues and ratification by the bargaining unit.

Meeting adjourned at 4:50 p.m.


TUESDAY, JUNE 28, 2005

Meeting called to order at 11:15 a.m. Present: Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Babich, Gagliardi, Gale, Giannini, Landolfi, Shankin and Assistant to the President Delia. President Lennon excused on union business.

Recording Vice President distributed the minutes of June 21, 2005.

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

Financial Vice President Blumenthal reported on the status of negotiations with the Queens Symphony, New York City Gay Men’s Chorus, Stamford Symphony and the NYC Ballet. He also reported on the status of a potential dispute with the Atlantic Chamber Symphony.

Board member Schaffner present at 11:25 a.m.

Discussion held.

Dennison reported that proposed jazz club tax legislation had passed the New York State Senate. (See minutes of March 15, 2005)

Discussion held.

Broadway Theatre Committee member Bill Rohdin appeared before the board to discuss a Theatre Committee proposal regarding the creation of the Live Broadway Orchestra Preservation Fund (LBOPF).

Board member Weiss present at 12:15 p.m.

Controller Milne present.

Discussion held.

Motion made and carried unanimously to support the creation of the LBOPF and to make available the resources of the union as needed to insure the proper operation of such a fund.

Milne excused.

Blumenthal initiated a discussion of the by-law proposal presented to the February 2005 membership meeting regarding contributions made by the union to organizations whose stated purpose is the preservation and advancement of live music.

Discussion held.

Rohdin thanked and excused.

Motion made and carried unanimously to adopt the bylaw as presented to the February 2005 membership meeting.

Organizing Director Eisman, Senior Organizer Smith and Local 802 Counsel Mars appeared before the board and presented a settlement agreement with Knit Media, Inc. regarding musicians who had been recorded by Knit Media, Inc. and whose recorded product had been retained by the company. The agreement requires that the entire inventory of recorded product be turned over to Local 802 and that the recording masters be returned to the musicians.

Motion made and carried unanimously to approve the agreement with the understanding that upon taking possession of the inventory referenced in the agreement, Knit Media will attest that the complete inventory has been turned over to Local 802 and that the union had no liability for any product not released to the union as per the agreement.

Eisman, Smith and Mars excused.

Meeting recessed at 1:45 p.m.

Meeting resumed at 2:40 p.m. Present: Blumenthal, Dennison, Babich, Gagliardi, Gale, Giannini, Schaffner, Shankin, Weiss and Delia.

Local 802 Counsel Mars present.

Schaffner and Mars initiated a discussion of the need for a by-law regarding the payment of agency fees and the collection of work dues from non-members.

Discussion held.

Meeting recessed at 3:00 p.m. for the June membership meeting, which failed to achieve a quorum.

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

Discussion continued on a possible bylaw amendment.

Mars thanked and excused.

Schaffner reported that as of June 28, 2005 45 members of Local 802 had not paid the AFM assessment on distributions from the Film Musicians Secondary Market Fund and the Sound Recording Special Payments Fund.

Meeting adjourned at 3:50 p.m.


TUESDAY, JULY 5, 2005

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, Assistant to the President Delia and Controller Milne.

Recording Vice President Dennison distributed the minutes of June 28, 2005.

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

Milne distributed additional information requested by the Board in regard to the 2005 Local 802 budget.

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

Board member Babich present at 11:30 a.m.

Discussion held.

Motion made and carried unanimously to adopt the 2005 Local 802 budget.

Members and Local 802 Delegates to the 2005 AFM Convention Al Hood and Erwin Price present.

AFM President Tom Lee appeared before the board to discuss the upcoming AFM Convention and his candidacy for AFM president.

Discussion held.

Lee thanked and excused.

Meeting recessed at 1:00 p.m.

Meeting resumed at 2:05 p.m. Present: Lennon, Blumenthal, Dennison, Babich, Gagliardi, Gale, Schaffner, Shankin, Weiss, Delia, Hood and Price.

AFM Secretary-Treasurer Florence Nelson appeared before the board to discuss the upcoming AFM Convention and the various financial matters expected to be discussed at the convention.

Discussion held.

Nelson thanked and excused.

President Lennon distributed information regarding the AFM Convention including recommendations and resolutions to be presented to the convention.

Discussion held.

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

Board member Giannini present at 4:15 p.m.

Hood and Price thanked and excused.

Financial Vice President Blumenthal distributed an agreement with New York Grand Opera, Inc.

Motion made and carried unanimously to approve the agreement.

Blumenthal reported on the successful outcome of an arbitration against the New York Gilbert & Sullivan Players regarding health benefit payments for sound check calls.

Gagliardi excused at 4:25 p.m.

Lennon initiated a discussion regarding the loss of wages to be incurred by Gagliardi as a result of his attendance at a weeklong Cornell Union Leadership Training seminar.

Motion made and carried unanimously to approve payment of the minimum Broadway side musician’s scale to Gagliardi for each Broadway show missed as a result of his attendance at the training seminar.

Meeting adjourned at 4:40 p.m.


TUESDAY, JULY 12, 2005

Meeting called to order at 11:25 a.m. Present: Recording Vice President Dennison, Executive Board members Babich, Gale, Giannini, Schaffner, Shankin and Weiss. President Lennon and Financial Vice President Blumenthal excused on union business. Meeting chaired by Dennison. Weiss took the minutes of the meeting.

AFM presidential candidate Michael Moore joined the meeting via speakerphone and discussed his candidacy for the AFM presidency.

Board member Landolfi present at 11:40 a.m.

Discussion held.

Moore thanked and excused.

Recording Vice President Dennison distributed the minutes of July 5, 2005.

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

Dennison distributed the CAC minutes of June 21, 2005.

Motion made and carried unanimously to concur with the expenditure of up to $1,700 each in expenses for New York City Opera Orchestra representative Nancy McAlhany and New York City Ballet Orchestra representative Ethan Silverman in regard to their attendance at the 2005 conference of the International Conference of Symphony and Opera Musicians.

Dennison requested the purchase of two tickets at $50 each to an event sponsored by the Young Democrats of Richmond County.

Motion made and carried unanimously to approve the request.

Dennison requested a contribution of $250 from TEMPO802 to an event sponsored by the New York State AFL-CIO Committee on Political Education.

Motion made and carried unanimously to approve the request.

Dennison requested a contribution of $100 to the Better Wellness And You program of the Actors Fund, which provides free flu shots for members of the Broadway theatre community.

Motion made and carried unanimously to approve the request.

Dennison requested the reimbursement of expenses in the amount of $519.09 to New York Philharmonic Orchestra Committee Chair Fiona Simon incurred in her participation in the AFM Symphonic Recording negotiations in Washington, D.C. on June 19, 2005.

Motion made and carried unanimously to approve the request.

Local 802 Public Relations Director Beaudoin appeared before the board to request Local 802’s endorsement of Assemblyman Scott Stringer for Manhattan Borough President.

Discussion held.

Motion made and carried to endorse Stringer for Manhattan Borough President. Schaffner opposed.

Concert Business Rep Heyman-Kantor appeared before the board to present an agreement with the Queens Symphony Orchestra.

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

Meeting adjourned at 1:05 p.m.