Allegro
Executive Board Minutes
Volume CVI, No. 5May, 2006
January 31, 2006 — February 7, 2006
TUESDAY, JANUARY 31, 2006
Meeting called to order at 11:15 a.m. Present: President Lennon, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Gagliardi, Gale, Giannini, Landolfi, Schaffner, Shankin, Whitaker, Weiss, Assistant to the President Delia and Jazz Advisory Committee Liaison Owens.
President Lennon distributed a document signed by Lennon, Financial Vice President Blumenthal and Board members Babich, Gagliardi, Gale, Shankin, Weiss and Whitaker withdrawing charges filed against Recording Vice President Dennison and Board member Schaffner.
Discussion held.
Motion made and passed unanimously to reconsider the motion passed on January 17, 2006 that removed certain duties and responsibilities from Dennison and left the employment of Schaffner to Lennon’s sole discretion. (See minutes of January 17, 2006.)
Motion made and passed unanimously to rescind the aforementioned motion of January 17, 2006.
Discussion held.
Motion made and passed to include the following statement in the minutes. Opposed Dennison, Giannini, Landolfi and Schaffner.
WITHDRAWAL OF CHARGES AND INTERIM MOTION
“Whereby we, the undersigned members of the Local 802 Executive Board, filed formal charges against Bill Dennison and Jay Schaffner on January 13, 2006, and in consideration of developments that have since unfolded, hereby conclude that these charges must be withdrawn, without prejudice, for the sake of the greater good of restoring the Union to its only real purpose – that of serving the needs of the members.
“We had hoped in all good conscience charges would be heard by the membership in the democratic process set forth in the Bylaws. We believed that such a hearing could be held expeditiously and in an orderly fashion, and that the business of the Union could be transacted with a minimum of disruption. This has proven not to be the case.
“Within days of the filing of the charges many members had already begun discussing, and often deciding, the case in e-mails, phone calls and informal conversations (without having seen the charges) to the extent that we believe the possibility of a fair and impartial trial process was seriously compromised.
“Further, unresolved Executive Board differences of interpretation with respect to how soon a membership meeting could be convened to address the charges resulted in our inability to schedule a meeting before May. We then realized that an intolerable period of time would pass before the charges could be addressed, let alone resolved. During this period the actual charges would be withheld from the membership and conjecture and incomplete information would continue to circulate while the unity and solidarity of Local 802 would continue to be in jeopardy.
“Therefore, the charges filed against Messrs. Dennison and Schaffner, are hereby withdrawn. Furthermore, the undersigned members of the Local 802 Executive Board who submitted the motion made and passed by the Executive Board on January 17, 2006 hereby move said motion be reconsidered and rescinded in its entirety.
“Dated: January 31, 2006.
“Signed: David Lennon, Jay Blumenthal , John Babich, Tino Gagliardi, Jack Gale, Bobby Shankin, Art Weiss and Mary Whitaker.”
Lennon announced that the membership meeting set for May 16, 2006 to hear the charges against Dennison and Schaffner was cancelled and that the agenda for the regular membership meeting scheduled for February 14, 2006 would include a discussion of the RCMH negotiations.
Recording Vice President Dennison reported that he had received petitions signed by nearly 300 members requesting that the Recording Vice President call a special meeting as per Article VII, Section 8 Sub-Paragraph (a) of the Local 802 bylaws to discuss the Radio City Music Hall negotiations and the actions taken against Dennison and Schaffner. Dennison further reported that given the just completed actions of the Board he would not call a special meeting, however he would retain the right to do so should the concerns of the members not be adequately addressed at the scheduled February 14 regular membership meeting.
Lennon reported that the AFM symphonic recording negotiations had been postponed. He also reported on the status of media negotiations with the Metropolitan Opera.
Lennon reported on a request from the AFM to participate in a joint ad in the Grammy Awards publication at a cost of $500.
Motion made and carried unanimously to approve the request.
Lennon requested a contribution to a fund raising event for New York State Assembly speaker Sheldon Silver in the amount of $250 from TEMPO802.
Motion made and carried unanimously to approve the request.
Lennon requested purchase of an ad in the event journal honoring former New York State AFL-CIO Secretary Treasurer Paul Cole at a cost $250.
Motion made and carried unanimously to approve the request.
Discussion held on a special election to fill the seat of former New York State Assembly member Scott Stringer. It was requested that President Lennon invite the 3 potential candidates for that office to address the Board.
Blumenthal reported that negotiations would begin with Mostly Mozart on Thursday, February 2, 2006.
Blumenthal presented a collective bargaining agreement with the Merrick Symphony.
Motion made and carried unanimously to approve the agreement subject to ratification by the bargaining unit.
Dennison presented an agreement with the New School covering instructors employed by the Guitar Studies Center.
Motion made and carried unanimously to approve the agreement subject to ratification of the bargaining unit.
Recording Vice President Dennison distributed the minutes of January 24, 2006.
Motion made and carried unanimously to approve the minutes as amended.
Controller Milne appeared before the Board and presented an accounting of all personal credit card use in 2004 and 2005.
Milne excused
Discussion held.
Principal Theatre Business Rep Donovan present.
A board member raised an issue regarding a scheduled performance of a Broadway show orchestra.
Discussion held
Donovan presented further information regarding a request from the producers of the Broadway show “Hot Feet.” (See minutes of January 24, 2006.)
Discussion held.
Donovan excused.
Assistant to the President Delia reported on the status of the strike against Midori and Friends.
Discussion held.
Meeting adjourned at 1:00 p.m.
TUESDAY, FEBRUARY 7, 2006
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, Schaffner, Shankin, Weiss, Whitaker, Assistant to the President Delia and Jazz Advisory Committee Liaison Owens.
Local 802 Counsel Harvey Mars present. Recording Vice President Dennison distributed the minutes of January 31, 2006. Motion made and carried unanimously to approve the minutes as amended. President Lennon present at 11:25 a.m. Mars excused.
President Lennon distributed a letter addressed to members of the Executive Board from attorney Dino J. Lombardi representing Lennon regarding the matter of Lennon’s personal use of the Local 802 credit card.
Dennison distributed a letter to the Board addressing issues raised in a February 6, 2006 letter to the Local 802 Executive Board from Attorney Lombardi.
Motion made and seconded that all records relevant to this case be assembled by Financial Vice President Blumenthal and Controller Milne and provided by Blumenthal to independent counsel Larry Cary of Cary Kane, LLP for his review and analysis and that he be authorized to report to the Board as soon as possible as to his evaluation and recommended action and that no further action be taken by this Board until the report has been received, and further that our agreement with Cary Kane, LLP include an appropriate conflict avoidance checklist. Discussion held. Substitute motion made and defeated that the Executive Board hear the report prepared by Local 802 Counsel Mars on legal issues regarding President Lennon’s personal use of the Local 802 credit card and that all records relevant to this case be assembled by Financial Vice President Blumenthal and Controller Milne and provided by Blumenthal to independent counsel Larry Cary of Cary Kane, LLP for his review and analysis and that he be authorized to report to the Board as soon as possible as to his evaluation and recommended action and that no further action be taken by this Board until the report has been received, and further that our agreement with Cary Kane, LLP include an appropriate conflict avoidance checklist. Opposed: Dennison, Babich, Gagliardi, Gale, Shankin, Weiss, and Whitaker. Original motion passed unanimously.
Giannini excused at 12:20 a.m.
Motion made and defeated that the Executive Board affirm the actions taken by Financial Vice President Blumenthal and Recording Vice President Dennison; (1) requesting that President Lennon turn in his Local 802 credit card and that all recurring charges on the credit card be stopped, (2) directing controller Milne to insure that Local 802 is made whole for any personal use of the Local 802 credit card, including interest calculations. (3) directing Local 802 Accountant Stu Kobrick to have his office review all Local 802 credit card use for the years 2003, 2004 and 2005 for any personal use by any officer or staff members and based on these findings prepare the necessary information to submit revised LM-2 statements. Opposed: Babich, Gagliardi. Gale, Shankin, Weiss and Whitaker.
Motion made that no personal use of the Local 802 credit card be made except in the case of an emergency or with the express approval of the Executive Board. Discussion held. Shankin excused at 1:00 p.m.
Substitute motion made and defeated to reaffirm the policy that there be no personal use of the Local 802 credit card. Opposed: Babich, Blumenthal, Gagliardi, Gale, Weiss, and Whitaker. Discussion held. Original motion passed. Whitaker opposed.
Shankin present at 1:10 p.m.
Motion made and carried unanimously to hear the report of Local 802 counsel Harvey Mars.
Discussion held.
Local 802 Counsel Mars appeared before the Board to answer questions regarding the presence of President Lennon’s personal attorney during Mars’ report to the Board.
Discussion held.
Meeting recessed at 1:40 p.m.
Meeting resumed at 2:10 p.m. Present: Lennon, Blumenthal, Dennison, Babich, Gagliardi, Gale, Landolfi, Schaffner, Shankin, Weiss, Whitaker, Delia and Owens.
Mars present.
Discussion held.
Mars excused.
Lennon recused at 2:15 p.m.
Discussion held.
Motion made and fails that President Lennon’s personal attorney be allowed to be present during Local 802 Counsel Mars’ report to the Board. Opposed Blumenthal, Dennison, Landolfi, Schaffner and Whitaker.
Mars and Lennon present at 2:30 p.m.
Mars reported to the Board and reaffirmed his February 2, 2006 recommendation that Local 802 seek outside counsel regarding President Lennon’s personal use of the Local 802 credit card.
Meeting recessed at 2:45 p.m.
Meeting resumed at 3:20 p.m. Present: Lennon, Blumenthal, Dennison, Babich, Gale, Gagliardi, Shankin, Weiss, Whitaker and Delia.
Senior Organizer Smith appeared before the Board and presented a report on the strike against Midori and Friends.
Motion made and carried unanimously to extend strike benefits for two more weeks at $20 per hour for those on strike and picketing at Midori and Friends up to a maximum of 18 hours for those instructors who had been teaching more than 10 hours per week. This maximum was to be retroactive to the beginning of the strike and all strike benefits were to be paid from the Local 802 Strike Fund. (See minutes of January 24, 2006.)
Milne appeared before the board and proposed a change in the Local 802 phone service provider.
Motion made and carried unanimously to accept the proposed change in the phone service provider.
Milne excused.
Whitaker excused at 3:45 p.m.
Organizer Heyman-Kantor appeared before the board and presented an agreement with the Gotham Chamber Opera.
Motion made and carried unanimously to approve the agreement subject to ratification by the bargaining unit.
Meeting adjourned at 3:40 p.m.