TUESDAY, MAY 28, 2002

Meeting called to order at 11:30 a.m. Present: President Moriarity, Recording Vice-President Price, Executive Board members Crow, Gale, Giannini, Landolfi, Reynolds, Shankin and Weiss, Assistant to the President Dennison, Jazz Advisory Committee Liaison Owens. Financial Vice-President Hafemeister excused to attend to union business.

Discussion held on bargaining unit ratification procedures, as regards the amount of time the ballot box would be made available for voting and the appropriate guidelines and parameters.

Discussion held on Local 802’s longstanding policy of publishing the names of Broadway musicians granted leaves of absence. Several members had requested that the names and details of the leaves not be published. It was the board’s consensus that such requests for leaves will continue to be administered by the Recording Vice-President’s office and that a record of such leaves will be maintained in that office. Reports will continue to be made to the board on a regular basis regarding leaves that have been granted, but names of the members taking leaves will not be published as part of the minutes. Leave requests that are extraordinary or unusual will continue to be brought to the board for its consideration.

May 14 minutes unanimously approved as amended.

President Moriarity read a letter from the Starwood Hotel Corporation, delineating a stock purchase offer to be made available to employees of various company hotels. Some of these employees are Local 802 members. The letter requested that the union allow any Local 802 member/employees who so desire to avail themselves of the offer. After discussion, Moriarity indicated that he would seek further clarification of the terms of the offer.

Price reported that Chorus 802 had donated $100 to the Local 802 Emergency Relief Fund in appreciation of help the union has provided to them in their activities.

Price reported that the officers and members of Fire Department Engine 54, 4 Truck Battalion 9, had sent a letter of thanks for the contribution to their Memorial Fund made by Local 802 and its staff.

Moriarity submitted a request from the Shubert Organization for special situation status, under the terms of the League agreement, for a new musical, Amour, by Michel Legrand. A letter from Legrand justifying the request was distributed to the board. Discussion held, during which a recording of the show was played. Motion made and carried unanimously to approve the request, with the proviso that the percussionist receive two doubles.

Board member Rohdin present at 1:07 p.m.

Discussion held on identity with the product for a Broadway show which closed some months ago, for which the producers are contemplating a possible recording.

Board member Blumenthal present at 1:10 p.m.

Assistant to the President Dennison distributed a renewal of an agreement with Marstam Music, a/k/a Marvin Stamm. Motion made and carried unanimously to approve.

Legislative Director Beaudoin appeared before the board to report on past political contributions and to recommend additional political contributions by the union.

Motion made and carried unanimously to contribute $200 from TEMPO802 to “Friends of Jose Peralta,” a candidate for NYS Assembly.

Motion made and carried unanimously to contribute $200 from TEMPO802 to Daniel O’Donnell, a candidate for NYS Assembly.

Motion made and carried unanimously to contribute $500 from TEMPO802 to “Friends of Bill Mulrow,” a candidate for NYS Comptroller.

Motion made and carried unanimously to contribute $250 from TEMPO802 to NYS “Senator [Nick] Spano Committee.”

Beaudoin played a tape of a 60-second spot recorded by President Moriarity that congratulated the Tony Award nominees and would air on radio during the week of the Tony awards.

Price distributed to the board a list of Broadway musicians for whom he had granted leaves of absence.

Meeting adjourned at 1:45 p.m.

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TUESDAY, JUNE 4, 2002

Meeting called to order at 11:35 a.m. Present: Recording Vice-President Price, Financial Vice-President Hafemeister, Executive Board members Crow, Gale, Giannini, Landolfi, Rohdin, Shankin and Weiss, Controller Bogert, Assistant to the President Dennison. President Moriarity excused to attend AFM-EP Fund meeting in California. Hafemeister chaired the meeting.

May 28 minutes unanimously approved as amended. Jazz Advisory Committee Liaison Owens present at 11:40 a.m. during discussion of the minutes.

Financial Vice-President Hafemeister reported on her attendance at the New Jersey State Conference of Musicians. She distributed the AFM per capita statistical report for the year 2001 and AFM budget information for 2000-2001, information that had been included in AFM Secretary-Treasurer Nelson’s report to the conference.

Assistant to the President Dennison submitted a contract with The Magician Co., LLC, for a theatre developmental project entitled The Magician. Discussion held. Motion made and carried unanimously to approve.

Controller Bogert distributed the vouchers for April 2002.

Assistant Director Lennon present at 12:10 p.m. to report that Goldman Memorial Band members had rejected the memorandum of agreement and at a rank-and-file emergency meeting held on June 3 discussed several contentious issues with union representatives. Subsequent to that meeting Lennon renegotiated an agreement with Goldman Memorial Band management that addressed the issues raised, and will resubmit it to the bargaining unit for ratification. Discussion held. Motion made and carried unanimously to approve the renegotiated memorandum of agreement, subject to ratification by the bargaining unit.

Lennon submitted a memorandum of agreement with St. Luke’s Chamber Ensemble, Inc., and explained its terms and conditions. Motion made and carried unanimously to approve the agreement, subject to ratification by the bargaining unit.

Lennon updated the board on negotiations with Mostly Mozart and indicated that a strike authorization vote was in progress. Motion made and carried unanimously to approve strike authorization, subject to the vote by the bargaining unit. Board member Blumenthal present at 12:45 p.m. during the previous discussion.

Landolfi excused at 12:55 p.m.

Legislative and Public Relations Director Beaudoin appeared before the board to report on several requests for political endorsements and contributions for political campaigns.

Motion made and carried unanimously to endorse Kirk Swanson for NYS Assembly.

Motion made and carried unanimously to endorse José Peralta for NYS Assembly.

Motion made and carried unanimously to endorse Daniel O’Donnell for NYS Assembly.

Motion made and carried unanimously to contribute $250 from TEMPO802 to a reception for NYC Councilmember Eric Gioia.

Price distributed to the board a list of Broadway musicians for whom he had granted leaves of absence.

Meeting adjourned at 1:30 p.m.

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TUESDAY, JUNE 11, 2002

Meeting called to order at 11:25 a.m. Present: President Moriarity, Recording Vice-President Price, Financial Vice-President Hafemeister, Executive Board members Blumenthal, Crow, Gale, Reynolds, Rohdin, Shankin and Weiss, Controller Bogert, Assistant to the President Dennison, Jazz Advisory Committee Liaison Owens.

June 4 minutes unanimously approved as amended.

Financial Vice-President Hafemeister reported on a meeting at Cornell Labor College convened by the Education Subcommittee of the New York State AFL-CIO Arts & Entertainment Committee. The meeting had been called to deal with the problems all entertainment unions face as a result of the development of electronic media and structural changes in the arts and entertainment industry. Hafemeister requested a contribution of $3,000 as Local 802’s share of funding for a pilot educational program. The other participants include AFTRA, SAG, IATSE locals 1 and 60, IBEW Local 1212, Writers Guild East, Actors Equity, the AFM and CWA-NABET Local 16, as well as the national AFL-CIO, NYS AFL-CIO and a team from Cornell University. Discussion held, during which it was recognized that Local 802 must be part of this group to have input into the process. Motion made and carried unanimously to approve the contribution of $3,000 to help develop the AFL-CIO pilot educational program in the arts and entertainment industry.

President Moriarity reported on his attendance at the AFM & Employers’ Pension Fund meeting recently held in Carlsbad, California. Topics discussed included the consolidation of fixed-income fund managers from seven to five and the reallocation of funds between fixed income and equity funds. He also indicated that the board of trustees had accepted his report and recommendation for the allocation of monies received from the settlement by Warner Bros. Records as a result of the AFM&EP audit for the years 1991-94. (See April 30 minutes.) Moriarity reported that audits of the other major signatory recording companies have been instituted and are ongoing. Discussion held.

Assistant Director Lennon present at 12:45 p.m.

Long Island Supervisor Gulluscio with Bill Phillips and Susan Bakst of HEAT USA appeared before the board. Phillips and Bakst made a presentation regarding the collective purchase of home heating oil at a discount as a service to members of the local. After the presentation, Phillips and Bakst excused. Further discussions held with Gulluscio. Gulluscio excused.

Moriarity reported a settlement with a major signatory single engagement club date employer for disputed work performed five years ago. Local 802 had been seeking resolution of this dispute since 1998.

Meeting recessed at 1:05 p.m.

Meeting resumed at 2:15 p.m.

Present: Moriarity, Price, Hafemeister, Blumenthal, Crow, Gale, Giannini, Rohdin, Shankin, Bogert, Dennison.

Legislative/Public Relations Director Beaudoin appeared before the board to inform the board of a project called Union Semester, sponsored by the NYC Central Labor Council in collaboration with the Queens College Worker Education Extension Center, that places interns with labor unions. Beaudoin recommended that Local 802 accept an intern for the semester. This typically costs the accepting labor organization $1,700 for a tuition scholarship and a stipend of $210 per week for 16 weeks of the semester, Sept. 3 to Dec. 18, for a total cost of $5,060. Discussion held, during which interest was expressed in an intern who would have the qualifications and willingness to conduct research on the music industry. Beaudoin was instructed to seek further information regarding such a candidate for Local 802.

Motion made and carried unanimously to purchase two tickets at $250, for a total of $500, from TEMPO802 to a June 19 fund raiser for candidate for NYS Comptroller Alan Hevesi.

Assistant to the President Dennison reported that he had been in consultation with the Tony Awards Administration Committee to express concern that Local 802 had no voice or votes in the Tony Award selection process. He reported that, after their most recent meeting, the Tony Awards Administration Committee agreed to allocate five votes to Local 802.

Assistant Director Lennon submitted a request from the Westchester Philharmonic for permission to use public service scale for a concert on July 22 for which MPTF funding had not been available. After discussion, Price was directed to seek more information regarding the circumstances of the Trustee’s denial of MPTF funding.

Lennon submitted a side letter to the Stamford Symphony Orchestra/Local 802 agreement wherein the employer, on a case-by-case basis, may request permission to make a recording on behalf of a third party. Discussion ensued, during which all points of contention were thoroughly reviewed. Motion made and carried unanimously to approve the side letter as presented.

Lennon presented an agreement with AWR Music for the Andrea Bocelli runout engagements in Washington, D.C., and Boston. Motion made and carried to approve. Giannini recused from voting since she had been engaged to play the performances.

A discussion on music contractors’ responsibilities in the concert field was initiated by Lennon. The issues covered voting and attendance at meetings and negotiations. The current union policy is to not allow contractors to attend meetings of the bargaining unit or strike authorization meetings, and to not allow them to vote on strike authorization. A contractor may vote on the contract as a playing member of the orchestra, if otherwise eligible. Moriarity will submit a policy statement for the board’s review and approval at the next meeting.

Moriarity reported that the Starwood Hotel proposal (see May 28 minutes) had not required response.

It was noted that Local 802 Health Benefit Plan trustees will meet June 12 to restructure plan benefits to address the problem of higher expenses, which are exceeding income. Discussion held on health care.

Moriarity reported on a negotiation held between AFM legal counsel and management representatives on the videotape agreement on June 10. Further meetings will be scheduled.

Price distributed to the board a list of Broadway musicians for whom he had granted leaves of absence.

Meeting adjourned at 4:05 p.m.

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TUESDAY, JUNE 18, 2002

Meeting called to order at 11:30 a.m. Present: President Moriarity, Recording Vice-President Price, Financial Vice-President Hafemeister, Executive Board members Blumenthal, Crow, Rohdin, Shankin and Weiss, Controller Bogert, Assistant to the President Dennison, Assistant Director Lennon, Jazz Advisory Committee Liaison Owens.

May 21 and June 11 minutes unanimously approved as amended.

It had been previously reported that the Westchester Philharmonic had requested MPTF funding for a concert on July 22 (see June 11 minutes) and had been informed that Westchester is out of Local 802’s jurisdiction for MPTF purposes. Subsequently, the Westchester Philharmonic requested public service scale for the musicians’ wages. Price reported that the MPTF National Reserve had funded an important summer concert in 2001, denied funding for July 22, 2002, and then had reversed that decision due to a reassessment by the MPTF Trustee, Noel Berman, and made $4,000 in MPTF funds available to the orchestra so that the concert would go forward.

Senior Business Rep Donovan appeared before the board to submit an agreement with the Gordon/Frost Organization for the reading production of The Little Princess at Manhattan Theatre Club. Motion made and carried unanimously to approve.

Donovan submitted an agreement with Thunder on Stage, LLC, Roger Gindi, General Manager, for the production of a show entitled Thunder Knocking on the Door at the Minetta Lane Theatre. Motion made and carried unanimously to approve.

Donovan presented an agreement extending the original contract with the New York Shakespeare Festival dated Jan. 11, 1998, for the production of Twelfth Night at the Delacorte Theatre in Central Park. Motion made and carried unanimously to approve.

Donovan presented an extension to Local 802’s agreement with New York Theatre Workshop for the extended run of the production Vienna: Lusthaus (revisited) and reviewed the changes and modifications. Motion made and carried unanimously to approve.

Donovan submitted an agreement with The Prince and the Pauper L.P., c/o Nancy Gibbs, for the production of The Prince and the Pauper at the Lamb’s Theatre. Motion made and carried unanimously to approve.

Donovan submitted an agreement with Apollo Review LLC, c/o Steve Chaikelson, for a production of Harlem Song at the Apollo Theatre and reviewed its terms and conditions. Motion made and carried unanimously to approve.

Donovan thanked and excused.

Contract Administration/Field Services Supervisor Hannen appeared before the board to submit an agreement with Jillbern Music, Inc., a/k/a Herb Bernstein, for employment of musicians for performances with singer Michael Amante. Hannen reviewed and discussed the modified terms of this agreement. (See May 14 minutes.) Motion made and carried unanimously to approve the agreement, subject to ratification by the rostered musicians.

Hannen submitted an agreement with Chancellor Music, Inc., It’s Impossible to Sing, and Play the Bass LLC, a/k/a Jay Leonhart, for employment of musicians for performances in any and all venues. Hannen reviewed the agreement. Motion made and carried unanimously to approve.

Moriarity distributed an article from Jazz Times that described the Local 802 Recording Department escrow account, which holds funds waiting to be claimed.

Discussion continued from the previous meeting on the union’s policies regarding the rights of employers, employers’ representatives and major contractors to attend contract ratification and strike authorization meetings and to vote on these matters. Motion made and carried unanimously that Local 802 reaffirm its policy of excluding employers, employers’ representatives and major contractors from contract ratification meetings, strike authorization meetings and strike authorization votes. In accordance with AFM Bylaws, Article 26, Section 17, such members, if otherwise eligible, shall be permitted to participate in any contract ratification vote.

It was noted that the June membership meeting would take place this afternoon at 3:00 p.m.

Moriarity reported that at the June 12 meeting of the Health Benefits Plan, restructuring of the drug and premium reimbursement components of the plan had been discussed by the Plan trustees and that changes were to be implemented effective Oct. 1, 2002. These changes will be reported in detail in the July/August Allegro. Further changes will be forthcoming in January 2003.

Motion made and carried unanimously to purchase two tickets at $100 each, for a total of $200, to the Jazz Foundation Loft Party at 1200 Broadway on June 23.

Controller Bogert distributed the vouchers for May 2002. Motion made and carried unanimously to approve the April 2002 vouchers.

Meeting adjourned at 1:05 p.m.

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TUESDAY, JUNE 25, 2002

Meeting called to order at 11:30 a.m. Present: President Moriarity, Recording Vice-President Price, Executive Board members Crow, Gale, Landolfi, Rohdin and Shankin, Controller Bogert, Assistant to the President Dennison. Financial Vice-President Hafemeister excused while on vacation.

June 18 minutes unanimously approved as amended. Board member Weiss present at 11:35 a.m. and Jazz Advisory Committee Liaison Owens present at 11:40 a.m. during the foregoing. Assistant Director Lennon present at 11:45 a.m.

Discussion held on the reduction in benefits paid by Local 802’s Health Benefits Plan.

The Coordinating Advisory Committee (CAC) minutes of May 14 were distributed for the board’s information. It was noted that board concurrence was necessary for a request that had been made to cover the cost of attendance at ICSOM and ROPA conferences up to a maximum of $1,500 for each delegate. Motion made and carried unanimously to concur with the CAC approval for disbursement of funds for delegate expenses up to a cost of $1,500 each, to attend various conferences during the summer of 2002.

Senior Business Rep Donovan appeared before the board to submit an agreement with Lincoln Center Theatre for the production of A Man of No Importance at the Mitzi E. Newhouse Theatre in Lincoln Center. Motion made and carried unanimously to approve.

President Moriarity reported on the status of negotiations with the Organization of Union Representatives (OUR), representing Local 802 business representatives, and OPEIU Local 153, representing Local 802 clerical staff. Discussion held.

Moriarity distributed the May and June issues of Allegro with the published version of the proposed bylaw changes that had been submitted for consideration at the June 18 membership meeting. Since no quorum was present at that meeting these proposed bylaws revert to the board for disposition.

Discussion held on Resolution #1 (see May Allegro for text) to amend Article IV, Section 1(uu) to change language to cover all forms of discrimination. Motion made and carried unanimously to adopt Resolution #1.

Discussion held on Resolution #2 (see June Allegro for text) to amend Article IX, Subdivision 4, Rule 15 with regard to leaves of absence from steady engagements. Motion made and carried unanimously to adopt Resolution #2.

Discussion held on Resolution #3 (see May Allegro for text) to add a new subsection to Article I, Section 5 regarding duties of Executive Board members.

Assistant to the President Dennison submitted an archival audiovideo recording agreement with the Thoel Company, LLC, c/o Iron Mountain Productions, for the right to make archival audio-video recordings of rehearsals for the musical production entitled Movin’ Out. Motion made and carried unanimously to approve.

Assistant Director Lennon reviewed the status of the New York Chamber Symphony.

Moriarity excused at 12:55 p.m. to attend to union business. Price acted as the chair.

Senior Business Rep Jackson appeared before the board with an agreement with the Jotas Corp., a.k.a. Howard LeShaw, for the employment of musicians. Motion made and carried unanimously to approve.

Jackson submitted an agreement with Dove-Tayl, Inc., a.k.a. David Taylor, for employment of musicians. Discussion held, during which the terms and conditions were reviewed. Motion made and carried to approve. Opposed: Rohdin.

Board member Blumenthal present at 1:15 p.m.

Lennon reported on Local 802’s initiative to respond to the Kirov Ballet Orchestra work activity (see May 21 minutes). Discussion held on possible courses of action.

Price distributed to the board a list of Broadway musicians for whom he had granted leaves of absence.

Meeting adjourned at 2:00 p.m.

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TUESDAY, JULY 2, 2002

Meeting called to order at 11:25 a.m. Present: President Moriarity, Recording Vice-President Price, Executive Board members Crow, Gale, Landolfi, Rohdin, Shankin and Weiss, Controller Bogert, Assistant to the President Dennison, Assistant Director Lennon, Jazz Advisory Committee Liaison Owens. Financial Vice-President Hafemeister excused while on vacation.

June 25 minutes unanimously approved as amended.

Motion made and carried unanimously to waive future dues payments for member Joe “Pete” Salemi, who will be 100 years of age on Sept. 15, 2002.

President Moriarity reported on the Kirov Ballet Orchestra initiative by the Concert Department. (See June 25 minutes.) Assistant Director Lennon further reported on the Concert Department’s activity with respect to the Kirov Orchestra’s performance at the Met. Discussion held, during which it was noted that the AFM had recommended, unsuccessfully, that the INS reject the Kirov Orchestra’s application for visas for this appearance. Due to this and other factors, it was decided to discontinue further efforts and to notify all interested parties by e-mail, telephone bank and Local 802 hotline that no demonstration will take place.

Lennon distributed a memorandum of agreement with the Bronx Arts Ensemble and reviewed its terms. Motion made and carried unanimously to approve, subject to ratification by the bargaining unit.

Lennon reported on the Brooklyn Philharmonic request for public service scales for a concert to be presented by Brooklyn Borough President Marty Markowitz. Discussion held. Because the orchestra would be able to utilize available MPTF funding for this concert and will augment the Frank Sinatra, Jr., orchestra with 20 members of the Brooklyn Philharmonic, no board action was required.

Lennon reported on the status of the Mostly Mozart negotiations.

Lennon informed the board that the Andrea Bocelli concerts (see June 11 minutes) had been videotaped, recorded and reportedly had been shown on TV in Italy. Discussion held on the procedure for pursuing collection of payment for the unauthorized use of musicians’ services. It was noted that a contract had been signed with the producer that mandates payment for these services in accordance with the appropriate AFM agreements.

Lennon reported on the possible suspension of business by the New York Chamber Symphony.

Moriarity distributed the memorandum of agreement between OUR and Local 802 (see June 25 minutes). He reviewed its terms and conditions and changes in the agreement. Discussion held. Motion made and carried to approve. Opposed: Landolfi.

Moriarity reported that a consultant fee of $2,400 for Jack Goldstein’s proposal (see April 30 minutes) should be withdrawn from the May 2002 voucher list since it did not meet with the requirement that all the other Broadway unions approve. Entry of $2,400 deleted.

Motion made and carried unanimously to approve the vouchers for May 2002.

Moriarity submitted cell phone expenses of $665.27 for six months for a member of the Metropolitan Opera Extra and Associate Musicians committee, incurred for negotiating activity. Motion made and carried unanimously to approve reimbursement of these expenses.

Report made that Local 802 had participated in a recent press conference to support the Queens bus strikers.

Assistant to the President Dennison reported on the agreement with the Count Basie Orchestra, which had expired in 1999 and had not been renewed. The report included information about an AFM-EP Fund audit and the status of the band’s finances and future bookings. Further discussion ensued on the Basie estate.

Senior Business Rep Donovan appeared before the board to present a reading agreement with A Little Princess, c/o Dodger Productions, for a reading production of A Little Princess at Atelier Rehearsal Studio. Motion made and carried unanimously to approve.

Donovan submitted an agreement with the Lincoln Center Theatre and the Vivian Beaumont Theatre for presentation of Barbara Cook Sings Mostly Sondheim at the Vivian Beaumont. Motion made and carried unanimously to approve.

Meeting adjourned at 1:15 p.m.