Allegro
Executive Board Minutes
March 7, 2006 -- June 6, 2006
Volume CVI, No. 7/8July, 2006
TUESDAY, MARCH 7, 2006
Meeting called to order at 11:30 a.m. Present: President Lennon, Financial Vice President Blumenthal, Recording Vice President Dennison, Executive Board members Babich, Gagliardi, Landolfi, Shankin, Weiss, Whitaker, Assistant to the President Delia and Jazz Advisory Committee Liaison Owens.
Bryant Park Restoration Corporation President Dan Biederman, Bryant Park Special Projects Coordinator Susie Sigel, Bryant Park Director of Events Ethan Lercher and Local 802 Political Action Consultant Heather Beaudoin present for a discussion of live music programs in Bryant Park.
Discussion held.
Biederman thanked and excused.
Financial Vice President Blumenthal excused on union business at 11:45 a.m.
Sigel and Lercher excused.
Playbill representative Jolie Schaffzin present to provide information regarding Playbill ad rates and publication schedule.
Discussion held.
Schaffzin excused.
Discussion held regarding public relations spending for live performances in Bryant Park.
Beaudoin presented a request for the endorsement of Local 802 member John Hall running for Congress running in New York State’s 19th Congressional District.
Motion made and carried unanimously to endorse John Hall for Congress and to contribute $250 from TEMPO802 to John Hall for Congress.
Discussion held regarding the request that candidates running in the special election called to fill the seat of former NYS Assembly member Scott Stringer be invited to address the Board. (See minutes of January 31, 2006.)
Senior Organizer Smith present.
Beaudoin and Smith presented an update on the strike against Midori and Friends.
Motion made and carried unanimously to extend strike benefits at the current level for one additional week for those on strike and picketing at Midori and Friends. (See minutes of February 7, 2006.)
Meeting recessed at 1:10 p.m.
Meeting resumed at 2:10 p.m. Present: Lennon, Dennison, Babich, Gagliardi, Gale, Landolfi, Shankin, Weiss, Whitaker, Delia and Owens.
President Lennon reported that the producers of the Broadway production of “The Wedding Singer” had withdrawn their special situation application and would be engaging the number of musicians required under the terms of the collective bargaining agreement between Local 802 and League of American Theatres and Producers.
Lennon reported on efforts to settle the special situation application regarding the Broadway production of “The Woman in White,” which had opened and subsequently closed on Broadway.
Discussion held.
Blumenthal present.
Blumenthal reported that the New York City (NYC) Ballet orchestra had ratified the new collective bargaining agreement with the NYC Ballet.
Recording Vice President Dennison distributed officers’ recommendations in response to the Cary Report regarding the handling of the union credit cards, expense reimbursement policy, check signing procedure, cell phone use and the establishment of a board subcommittee to review expense reports.
Board member Schaffner present.
Discussion held.
Motion made and passed unanimously to adopt the officers’ recommendations as amended.
Lennon reviewed the status of all the remaining recommendations contained in the Cary report that had been adopted by the Executive Board.
Lennon distributed an accounting of his un-receipted business expenses from March through December 2005 for Board approval.
Motion made and carried to approve the business expenses as presented. Opposed Landolfi and Schaffner.
Blumenthal reported on the status of the 2005 Local 802 financials in preparation for the 2005 audit and the status of preparation of the modified 2004 LM-2 report and of the 2005 LM-2 report.
Blumenthal requested that expenses and compensation be approved for former controller Bogert in order for him to return to New York and assist with the completion of the 2005 audit and preparation of materials for the LM-2 reports.
Motion made and carried unanimously to approve the request.
Meeting adjourned at 5:00 p.m.
TUESDAY, MARCH 14, 2006
Meeting called to order at 11:10 a.m. Present: President Lennon, Financial Vice President Blumenthal, Recording Vice President Dennison, Executive Board members Babich, Gagliardi, Gale, Shankin, Landolfi and Whitaker.
Recording Vice President Dennison distributed the minutes of the February 21, 2006.
Motion made and carried unanimously to approve the minutes as amended.
Dennison distributed the minutes of the February 23, 2006.
Motion made and carried unanimously to approve the minutes as amended.
Board members Schaffner and Weiss present at 11:25 a.m.
Dennison distributed the minutes of the February 28, 2006.
Motion made and carried unanimously to approve the minutes as amended.
Dennison distributed the minutes of the March 7, 2006.
Board member Giannini present at 11:40 a.m.
Motion made and carried unanimously to approve the minutes as amended.
President Lennon reported that a grievance had been filed against the producer of “The Drowsy Chaperone” for failure to file a timely special situation application under the terms of the collective bargaining agreement between Local 802 and The League of American Theatres and Producers.
Discussion held.
Lennon distributed a letter to the Board regarding his thoughts and response to the report prepared by independent counsel Larry Cary, Esq. of Cary Kane LLP.
Lennon recommended that the full text of the report prepared by independent counsel Larry Cary, Esq. of Cary Kane LLP regarding President Lennon’s personal use of the union credit card be published in Allegro.
Discussion held.
Local 802 Counsel Mars present.
Motion made and carried to publish the full text of the Cary report including recommendations in the next possible issue of Allegro. Schaffner opposed.
Mars excused.
Lennon reported that he had terminated the employment of Assistant to the President Delia.
Meeting recessed at 1:00 p.m.
Meeting resumed at 2:10 p.m. Present: Lennon, Blumenthal, Dennison, Babich, Gale, Gagliardi, Landolfi, Shankin and Weiss.
Lennon presented a letter from Computer Consultant Cronin regarding compensation for computer department staff member Andrew Gale.
Board member Gale recused and excused from the meeting.
Discussion held.
Local 802 Counsel Mars and Personnel Director McDonald present.
Mars excused.
Discussion held.
McDonald excused.
Financial Vice President Blumenthal distributed an agreement with the New York City Opera covering promotional use of audio and or video recordings of rehearsals and performances.
Motion made and carried unanimously to approve the agreement.
Blumenthal requested payment of expenses in the amount of $2,370.66 incurred by former Controller Bogert for travel to and during his stay in New York to assist with the preparation of Local 802’s 2005 financials.
Motion made and carried unanimously to approve the request.
Blumenthal reported that members of the Stamford Symphony had ratified their new collective bargaining agreement.
Dennison distributed copies of previously adopted Board policy regarding union credit cards, expense reimbursement policy, check signing procedure, cell phone use and the establishment of a board subcommittee to review expense reports. (See minutes of March 7, 2006.)
Motion made and seconded that the previously adopted Board policy be reconsidered and that the officers be directed to review the policy and that such policy be made more stringent.
Motion made and carried unanimously to table the motion to a time later in the meeting.
Counsel Mars, Contracts Department Supervisor Hannen and Senior Business Rep Schilio present for a discussion of the financial status of the Steven Scott club date office.
Discussion held.
Blumenthal and Shankin excused at 3:05 p.m.
Blumenthal and Shankin present at 3:15 p.m.
Lennon excused at 3:15 p.m.
Motion made and carried unanimously to take from the table the previous motion regarding reconsideration of Board policy.
Discussion held.
Substitute motion made and carried unanimously to keep the adopted policy in place, that Board members submit proposed policy changes to the officers for review and that any recommended changes in the policy be resubmitted to the Board.
Dennison presented a request from U.S. Labor Against the War (USLAW) that Local 802 join with other unions in endorsing a national demonstration against the war in Iraq set for Saturday, April 29, 2006 in New York City.
Motion made and carried unanimously that Local 802 endorse the planned demonstration against the war in Iraq on April 29, 2006 co-sponsored by USLAW.
Motion made and carried unanimously that Local 802 forward the request for endorsement of the April 29, 2006 demonstration against the war in Iraq co-sponsored by USLAW to the AFM International Executive Board.
Dennison presented an invoice for legal services in the amount of $15,938.50 from Larry Cary, Esq. of Cary Kane LLP. (See minutes of February 14, 2006.)
Lennon present.
Motion made and seconded to pay the Cary invoice as recommended by Counsel Mars. Amendment made and seconded that President Lennon be asked to make a contribution towards payment of the bill in an amount at his discretion. Opposed: Babich, Blumenthal, Weiss, Gale, and Gagliardi. Amendment fails.
Original motion carried unanimously.
Dennison informed the Board that he had received a letter from Counsel Mars waiving certain legal fees for work not covered by his retainer agreement.
Lennon and Blumenthal excused at 3:55 p.m.
Local 802 Counsel Mars and Principal Theatre Representative Donovan appeared before the Board and presented an agreement with City Center for “Encores! Great American Musicals in Concert.” Mars also reviewed hiring policy under the terms of this and the prior City Center agreement.
Motion made and carried unanimously to approve the City Center agreement.
Mars excused.
Donovan requested the expenditure of up to $1,600 for the cost of printing an updated version of the Commercial Off Broadway Area Standards booklet.
Motion made and carried unanimously to approve the request.
Donovan excused.
Organizer Cage appeared before the Board to request the expenditure of up to $2,500 for storage and transport of the inventory of CD’s associated with the settlement of a dispute between Knitting Factory recording musicians and Knit Media, Inc. (See minutes of June 28, 2005.)
Motion made and carried unanimously to approve the request.
Schaffner excused.
Senior Organizer Smith appeared before the Board to report on the status of the strike against Midori and Friends.
Motion made and carried unanimously to approve the extension of strike benefits for those on strike and picketing at Midori and Friends for one additional week.
Meeting adjourned 4:40 p.m.
TUESDAY, MARCH 21, 2006
Meeting called to order at 11:10 a.m. Present: President Lennon, Recording Vice President Dennison, Executive Board members Gagliardi, Gale, Giannini, Shankin, Weiss and Whitaker. Financial Vice President Blumenthal excused on union business.
Recording Vice President Dennison distributed the minutes of March 14, 2006.
Motion made and carried unanimously to approve the minutes as amended.
President Lennon reported that Controller Milne had resigned effective March 14, 2006.
Motion made and carried to affirm a phone poll of the Board approving the engagement of Milne as a consultant to complete work on the Department of Labor LM-2 reports at a rate of $,1250 per day up to a maximum of $6,250. Schaffner opposed.
Lennon presented an invoice from former Controller Bogert in the amount of $3,000 for his consulting work on the 2005 Local 802 financial report.
Motion made and carried unanimously to approve payment of the invoice.
Lennon reported that the strike against Midori and Friends had ended and that a tentative agreement had been reached.
Lennon reported on the status of media negotiations with the Metropolitan Opera.
Discussion held.
Lennon requested approval of expenses associated with the printing of additional copies of the Local 802 New Membership Handbook for distribution to the graduating classes of New York City’s music schools.
Motion made and carried unanimously to approve the expense request up to a total of $2,000.
Lennon requested a payment of $75 to the AFM Symphonic-Opera Strike Fund, representing a portion of the short fall from the Metropolitan Opera Orchestra’s strike fund contribution.
Motion made and carried unanimously to approve the request.
Lennon distributed copies of the Strategic Planning Project Proposal and documents relating to prior work of the Board’s Strategic Planning Committee.
Discussion held.
Meeting recessed at 1:05 p.m.
Meeting resumed at 2:10 p.m. Present: Lennon, Blumenthal, Dennison, Gagliardi, Gale, Giannini, Shankin, Weiss and Whitaker.
Air America Radio Account Manager Tom Byrne and Local 802 Political Consultant Heather Beaudoin appeared before the Board to present an advertising proposal for 2006.
Discussion held.
Giannini excused at 2:30 p.m.
Contract Administration Department Supervisor Hannen and Principal Long Island Business Rep Voccola appeared before the Board and presented an agreement with Concert Pops of Long Island.
Motion made and carried unanimously to approve the contract.
Voccola presented a new agreement with employers who are signatory to the Jewish Orthodox Club Date agreement.
Motion made and carried unanimously to approve the agreement.
Hannen and Voccola excused.
Local 802 Counsel Mars present.
A member appeared before the Board to express concern that musicians had still not been paid for a concert performance with Jose Carreras in February 2003.
Discussion held.
Member excused.
Motion made and passed unanimously to engage a private investigator at a cost of $1,200 to continue pursuit of the producer of the Jose Carreras concert in February 2003.
Meeting adjourned at 3:35 p.m.
TUESDAY, MARCH 28, 2006
Meeting called to order at 11:10 a.m. Present: Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Gagliardi, Gale, Giannini, Landolfi and Shankin. President Lennon excused on union business.
Recording Vice President Dennison distributed the minutes of March 21, 2006.
Motion made and carried unanimously to approve the minutes as amended.
Financial Vice President Blumenthal reported that the Senior Musicians Association had been required to pay a penalty of $680 to the IRS because of the late filing of their most recent tax return.
Motion made and carried unanimously to reimburse the Senior Musicians Association for the $680 penalty payment, given that the return had been prepared and filed by former controller Milne.
Board member Weiss present at 11:25 a.m.
Blumenthal requested payment of expenses in the amount of $4,740.01 incurred by former Controller Bogert for travel to and during his stay in New York to assist with the preparation of Local 802’s 2005 financials.
Motion made and carried unanimously to approve the request.
Blumenthal reported on the status of the search for a new controller.
Discussion held.
Blumenthal reported on the status of preparation of the LM 2 reports required by the Department of Labor.
Discussion held.
Meeting adjourned at 12:10 p.m.
TUESDAY, APRIL 4, 2006
Meeting called to order at 11:05 a.m. Present: President Lennon, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Babich, Gagliardi, Gale, Giannini, Landolfi, Shankin, Whitaker and Jazz Advisory Committee Liaison Owens.
Recording Vice President Dennison distributed the minutes of March 28, 2006.
Motion made and carried unanimously to approve the minutes.
Board member Schaffner present at 11:10 a.m.
President Lennon reported on the status of the search for a new controller.
Lennon reported on the status of the preparation and filing of the Department of Labor LM-2 reports.
Board member Weiss present at 11:15 a.m.
Lennon reported on the status of the special situation application for the Broadway production of “Women in White.”
Discussion held.
Lennon reported on the status of the special situation application for the Broadway production of the “Drowsy Chaperone.”
Discussion held.
Lennon reported that producers of the Broadway production of “Mary Poppins” had notified the union of their intention to see seek special situation status for the show.
Discussion held.
Lennon reported on the March 27-30, 2006 meeting of the International Executive Board (IEB), including the resignation of IEB member Mark Jones, the appointment of Washington, D.C. Local 161-710 member Otis Ducker to the IEB, discussion of Metropolitan Opera orchestra media negotiations, the AFM’s endorsement of Local 802 member John Hall for Congress, the IEB’s decision regarding the St. Louis Symphony’s request to the placed in the AFM’s Orchestra Services Program, the IEB’s position regarding a request for endorsement of the April 29, 2006 demonstration against the war in Iraq, and a meeting with representatives of the International Federation of Musicians.
Lennon distributed information provided to the IEB regarding AFM members who have failed to remit fee payments associated with 2004 distributions from the Sound Recording Special Payments Fund and Film Musicians Secondary Markets Fund.
Discussion held.
Long Island Principal Representative Voccola appeared before the Board to present a proposal for the renewal of a leasing agreement for two cars to be used by the Long Island business reps, as required under the collective bargaining agreement between Local 802 and the Organization of Union Representatives.
Motion made to approve the leasing proposal as presented. Whitaker opposed.
Babich and Shankin excused at 1:05 p.m.
Principal Theatre Representative Donovan, Broadway Theatre Committee Chair Rawdon and Broadway Theatre Committee member Rohdin appeared before the Board to present a proposal for a Theatre Musicians’ Training Program.
Discussion held.
Motion made and carried unanimously to approve the proposal.
Rawdon and Rohdin excused.
Donovan requested approval for the printing of 2,500 copies of the 2003-2007 Broadway contract booklet at a cost of $4,126.
Motion made and carried unanimously to approve the request.
Meeting recessed at 2:10 p.m.
Meeting resumed at 2:40 p.m. Present: Lennon, Blumenthal, Dennison, Gagliardi, Gale, Giannini, Landolfi, Schaffner, Weiss, Whitaker and Owens.
Local 802 Counsel Mars appeared before the Board to present a proposed settlement agreement with Jordan Belkin regarding outstanding wages and benefits owed from a 2003 Jose Carreras concert. (See minutes of March 21, 2006.)
Motion made and carried unanimously to approve the proposed settlement.
Senior Organizer Smith appeared before the Board to request that health benefit contributions be made in behalf of teaching artists who would lose health insurance coverage as a result of their strike against Midori & Friends.
Motion made carried unanimously to pay $2,871.30 to the Local 802 Health Benefits Funds in behalf of Midori & Friends teaching artists. The payment was to be made from the Local 802 Strike Fund.
Weiss excused at 3:05 p.m.
Local 802 Counsel Leibowitz appeared before the Board to present a Memorandum of Agreement with Midori & Friends.
Motion made and carried unanimously to approve the agreement subject to ratification of the bargaining unit.
Leibowitz and Smith excused.
Board member Giannini excused at 3:20 p.m.
Building Manager Little and MIS Director Ibrahim present.
Dennison presented a proposal from Network Voice and Data Communications, Inc. for a new telephone system for Local 802’s offices and for the upgrade of the building’s data cabling network at a total cost of $63,639. It is anticipated that the new service agreement in conjunction with lower rates from the new service provider will result in considerable savings to the union. The proposal from Network Voice and Data was the lowest of the bids offered for the replacement of the union’s phone system.
Motion made and carried unanimously to accept the proposal.
Little and Ibrahim excused.
Dennison reported on the status of the Steven Scott club date office.
Motion made and carried unanimously that the Executive Board direct all Steven Scott musicians to inform the union of all dates and venues for which they are engaged by any of the principals and/or bandleaders associated with Steven Scott Enterprises.
Dennison presented a collective bargaining agreement with the JOTAS Corporation (Howard Leshaw).
Motion made and carried unanimously to approve the agreement.
Dennison requested that Local 802 co-sponsor a Congressional Hearing to be held in New York on May 6, 2006 regarding the health care needs of workers in the entertainment industry. Congressman John Conyers (D-MI) who is sponsor of the National Health Insurance Act will conduct the hearing.
Motion made and carried unanimously to approve the request.
Dennison distributed 3 bylaw resolutions received by the Recording Vice President’s office for presentation at the June 13, 2006 membership meeting.
Dennison presented a request for endorsement from Shelly Mayer, Democratic candidate for NYS Assembly from the 93rd Assembly District (Yonkers).
Motion made and carried unanimously to endorse Shelly Mayer for Assembly.
Meeting adjourned 3:50 p.m.
TUESDAY, APRILl 11, 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, Schaffner, Shankin, Weiss, Whitaker and Jazz Advisory Committee Liaison Owens.
Recording Vice President Dennison distributed the minutes of April 4, 2006.
Motion made and carried unanimously to approve the minutes as amended.
President Lennon reported that a new controller had been hired and would be starting within the next two weeks.
Dennison reported that the 2005 semiannual and annual reports due to the Federal Election Commission and to the New York State Board of Elections from TEMPO 802 had not been filed by the previous controller and that the union was facing a $500 fine for each of the late reports.
Blumenthal reported that former controller Bogert would be contacted and asked to return to New York to participate in the training of the new controller.
Discussion held.
Lennon requested the purchase of a half page ad at a cost of $1,250 in the Actors’ Fund Annual Gala journal.
Motion made and carried unanimously to approve the request.
Lennon requested the purchase of one ticket at a cost of $125 to the Heart to Heart Awards Presentation to benefit Encore Community Services.
Motion made and carried unanimously to approve the request.
Lennon requested that Local 802 join in co-sponsoring an event produced by ASCAP and co-sponsored by the Film Musicians Secondary Markets Fund and the NYC Mayor’s Office on Film, Theatre and Broadcasting to be held in conjunction with the Tribeca Film Festival at a cost of $3,000.
Motion made and carried unanimously to approve the request.
Lennon requested a contribution of $250 from TEMPO 802 to an event honoring Christine Quinn sponsored by the Gay and Lesbian Independent Democrats.
Motion made and carried unanimously to approve the request.
Lennon requested a contribution of $250 from TEMPO 802 to the Working Families Party.
Motion made and carried unanimously to approve the request.
Lennon requested a contribution of $250 from TEMPO 802 to the campaign committee of state senator Tom Duane.
Motion made and carried unanimously to approve the request.
Lennon requested the purchase of one ticket at a cost of $200 to the NYC Central Labor Council’s Annual Reception.
Motion made and carried unanimously to approve the request.
Lennon requested reimbursement of expenses and payment for a missed performance in an amount totaling $750.98 for Shem Guibbory associated with his participation in a recent meeting of the AFM International Executive Board in Washington, D.C. (See minutes of April 4, 2006.)
Motion made and carried unanimously to approve the request subject to supporting documentation.
Lennon presented an invoice in the amount of $437.50 from independent Counsel Larry Cary for additional work pertaining to his report on personal use of the Local 802 credit card.
Lennon distributed information regarding the 2006 advertising rates for PLAYBILL and for Air America radio.
Discussion held.
Motion made and carried unanimously to approve the purchase of a full-page ad in the June issue of PLAYBILL, which will also include placement of an ad in the TONY awards issue congratulating nominees, at a cost of $45,348 from the public relations budget.
Financial Vice President Blumenthal requested that Local 802 supply up to 3 musicians to perform at a union rally in Brooklyn to be paid at public service scale from the public relations budget.
Motion made and carried unanimously to approve the request.
Contract Administration Department Supervisor Hannen and Senior Business Rep Schilio appeared before the Board and presented a new agreement with the Hotel Users of Music.
Motion made and carried unanimously to approve the agreement subject to ratification by the bargaining unit.
Blumenthal reported on an issue raised by some members of the American Symphony Orchestra.
Discussion held.
Blumenthal initiated a discussion of an upcoming benefit concert at Riverside Church.
Discussion held.
A Board member raised a question regarding ratification eligibility for musicians working for the New York City Ballet.
Discussion held.
Meeting recessed at 1:15 p.m.
Meeting resumed at 2:20 p.m. Present: Lennon, Blumenthal, Dennison, Gagliardi, Gale, Giannini, Schaffner, Shankin, Weiss and Whitaker.
Dennison distributed a letter addressed to the Executive Board from a retired member of the Metropolitan Opera Orchestra.
Discussion held.
Dennison distributed copies of a bylaw resolution for the June 13 membership meeting regarding “Ticket Voting.”
Discussion held.
Motion made and carried to report the bylaw resolution without comment. Opposed: Blumenthal, Dennison, Giannini, Schaffner.
Dennison distributed copies of a bylaw resolution regarding “Allegro Publication.”
Discussion held.
Motion made and carried to report the bylaw resolution unfavorably. Opposed: Dennison, Schaffner, and Giannini.
Dennison distributed copies of a bylaw resolution regarding “Financial Improprieties by Officers and Employees.”
Motion made and carried to report the bylaw resolution without comment. Opposed: Dennison, Giannini, Schaffner.
Discussion held on union financial policies.
Meeting adjourned 3:30 p.m.
TUESDAY, APRIL 18, 2006
Meeting called to order at 11:05 a.m. Present: President Lennon, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Babich, Gagliardi, Gale, Giannini, Shankin and Jazz Advisory Committee Liaison Owens.
Recording Vice President Dennison distributed the minutes of April 11, 2006.
Board member Weiss present at 11:10 a.m.
Motion made and carried unanimously to approve the minutes as amended.
President Lennon requested purchase of one ticket at a cost of $250 to the Jewish Labor Committee’s annual Human Rights Award Dinner honoring Michael Goodwin, the President of the Office and Professional Employees International Union, and Gary La Barbera, President of Local 282 of the International Brotherhood of Teamsters.
Motion made and carried unanimously to approve the request.
Lennon requested the purchase of an ad at a cost of $200 in the journal of the annual awards dinner sponsored by the New York Committee on Occupational Safety and Health.
Motion made and carried unanimously to approve the request.
Lennon requested a contribution of $250 to An Evening with Stephen Sondheim and Bernadette Peters, a fund raising event in support of Young Playwrights Inc.
Motion made and carried unanimously to approve the request.
Lennon requested a contribution of $250 to Art Without Walls, the sponsors of a Congressional Hearing on the nationwide health care crisis and its impact on artists. (See minutes of April 4, 2006.)
Motion made and carried unanimously to approve the request.
Lennon reported that the officers had met with Local 802 Counsel Mars and Local 802 Accountant Kobrick and requested that they engage in a comprehensive review of current Local 802 financial policies and practices taking into account the recommendations of the report by independent counsel Cary as well as the recommended practices of the Department of Labor and AFM and to report their recommendations regarding Local 802’s policies and practices to the officers.
Lennon excused at 11:40 a.m.
Financial Vice President Blumenthal reported that the newly hired controller would begin work on Monday, April 24, 2006 and that former controller Bogert would return to New York to work with the newly engaged controller beginning Monday, May 1, 2005.
Dennison requested the purchase of 10 tickets at $100 each for a total of $1,000 to a Great Night in Harlem, a benefit for the Jazz Foundation of America.
Motion made and carried unanimously to approve the request.
Dennison distributed the Coordinating Advisory Committee (CAC) minutes for April 4, 2006.
Motion made and carried unanimously to concur with the CAC expenditure of up to $3,000 for food and beverage in conjunction with the Broadway Community Initiative, a Theatre Musicians Training Program that will take place over four sessions.
A Board member initiated a discussion on the growing use of synthesized music in programs aired on the Public Broadcasting System.
Discussion held.
Meeting adjourned at 12:05 p.m.
TUESDAY, APRIL 25, 2006
Meeting called to order at 11:10 a.m. Present: President Lennon, Recording Vice President Dennison, Executive Board members Babich, Gagliardi, Shankin, Weiss, Whitaker and Jazz Advisory Committee Liaison Owens. Financial Vice President Blumenthal excused on union business.
Recording Vice President Dennison distributed the minutes of April 11, 2006.
Motion made and carried unanimously to approve the minutes as amended.
Board member Schaffner present at 11:15 a.m.
President Lennon reported on the status of AFM symphonic recording negotiations.
Discussion held.
Board member Gale present at 11:20 a.m. during previous discussion.
Board member Giannini present at 11:30 a.m. during previous discussion.
President Lennon informed the Board that he would be directing the controller’s office to institute payroll deductions from his weekly salary to cover the total cost of the Cary Report in the amount of $16,376 in addition to the fine of one-week’s salary assessed by the Board in the amount of $1862.58. The deductions would be made over a 30-week period, June 1, 2006 through December 31, 2006.
Motion made and passed unanimously to return the Local 802 credit card to President Lennon.
Board member Whitaker read and submitted a statement resigning her position as a member of the Executive Board.
Whitaker excused.
Discussion held.
Motion made and carried unanimously to appoint Bill Rohdin to the Executive Board.
Motion made and carried unanimously to appoint Al Hood to the Trial Board.
Dennison reported on the financial needs of an instructor who had participated in the 8- week strike against Midori and Friends and requested assistance in the amount of $703.
Motion made and carried unanimously to provide assistance in the amount of $703 from the Local 802 strike fund to the Midori striker and that additional information be provided should there be any further need for assistance.
Jazz Representative Hayes present.
Dennison presented an agreement with the Apollo Theatre for Amateur Night at the Apollo.
Motion made and carried unanimously to approve the agreement subject to ratification by the bargaining unit.
Dennison reported on plans for Local 802’s participation in the April 29 March For Peace and Justice and against the war in Iraq.
Discussion held.
A Board member requested a discussion concerning the Allegro editorial board.
Discussion held.
Board member Landolfi present at 12:50 p.m.
Principal Theatre Representative Donovan appeared before the Board and presented an agreement with the York Theatre.
Motion made and carried unanimously to approve the agreement.
Meeting adjourned at 1:05 p.m.
TUESDAY, MAY 16, 2006
Meeting called to order at 11:15 a.m. Present: President Lennon, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Babich, Gagliardi, Landolfi, Rohdin, Schaffner, Shankin and Jazz Advisory Committee Liaison Owens.
Board member Rohdin submitted his resignation from the Coordinating Advisory Committee.
Recording Vice President Dennison distributed the minutes of April 25, 2006.
Board member Weiss present at 11:20 a.m.
Board members Gale and Giannini present at 11:25 p.m.
Motion made and defeated that former Board member Whitaker’s resignation statement be included in the minutes of April 25, 2006. Opposed: Blumenthal, Dennison, Giannini, Landolfi, Rohdin, and Schaffner.
Motion made and carried unanimously to approve the minutes as amended.
President Lennon presented a Memorandum of Agreement with the Metropolitan Opera covering Associate and Extra musicians.
Motion made and carried unanimously to approve the agreement subject to ratification by the bargaining unit.
Political Consultant Beaudoin present for a discussion of live music performances in Bryant Park cosponsored by the Council for living Music and the Music Performance Fund.
Discussion held.
The Board directed Beaudoin to proceed with plans for the “Piano in the Park” series.
Lennon requested the purchase of three additional tickets at a cost of $250 each from TEMPO 802 to a fund raising event for City Council President Christine Quinn. (See minutes of April 11, 2006.)
Motion made and carried unanimously to approve the request.
Meeting recessed at 1:15 p.m.
Meeting resumed at 2:10 p.m. Present: Lennon, Blumenthal, Dennison, Babich, Gagliardi, Giannini, Landolfi, Rohdin, Schaffner, Shankin and Weiss.
Local 802 Counsel Mars appeared before the Board and reported that an intermediate report had been issued by an Administrative Law Judge affirming the validity of the Local 802 agreement with the Opera Company of Brooklyn banning the use of a virtual orchestra machine.
Board member Gale present at 2:15 p.m.
Lennon informed the Board that the newly hired controller had submitted his resignation citing personal reasons. Lennon also reported on efforts to fill the vacancy.
Blumenthal requested reimbursement of expenses incurred by former controller Bogert during his work at Local 802 between April 30 and May 6, 2006 in the amount of $1,148.07.
Motion made and carried unanimously to approve the expenses.
Discussion held.
Motion made and carried unanimously to approve payment of $2,600 to Bogert for his services at Local 802 during the upcoming week of May 22 to May 26, 2006.
Mars presented a proposed comprehensive financial policy for Local 802 that had been prepared by Mars and Local 802 Accountant Kobrick in consultation with the officers and after reviewing current Local 802 and AFM financial policies, Department of Labor recommendations and policy recommendations contained in the Carey report.
Discussion held.
The Board requested that Mars prepare a revised comprehensive financial policy addressing the concerns expressed in the preceding discussion.
Mars reported that the Department of Labor and the United States Attorney’s Office (Manhattan) had informed Local 802 that they are conducting a preliminary inquiry into the matters addressed in the Cary report, i.e. President Lennon’s use of the Union’s American Express card.
Discussion held.
Board member Gale excused at 4:10 p.m.
Mars recommended that Local 802 engage Atty. Paul Shechtman from the firm Stillman, Friedman & Shechtman, P.C. to serve as counsel for Local 802 during this inquiry.
Motion made and carried unanimously that Local 802 retain Paul Shechtman as counsel in regard to the DOL inquiry.
Mars presented a revised settlement agreement with Jordan Belkin and recommended approval of the agreement. (See minutes of March 21, 2006 and April 4, 2006.)
Motion made and carried unanimously to approve the agreement.
Mars excused.
Financial Vice President Blumenthal requested that payment of the printing cost for the 2006-2007 Local 802 Directory be approved in the amount of $23,547.72.
Motion made and carried unanimously to approve payment.
Blumenthal reported on a request from AFM locals in South Florida that Local 802 members be informed about efforts to engage musicians for nonunion work in their jurisdictions and that all offers of such employment should be reported to Local 802.
Babich excused at 4:30
Motion made and carried unanimously to publish a notice regarding the nonunion work in Allegro and to post such information on the Local 802 web site.
Dennison reported that grievances and unfair labor practice charges had been filed against the Steven Scott club date office and the individual principals and bandleaders associated with that office.
Discussion held.
Motion made and carried to affirm an email poll of the Board approving the purchase of one ticket at a cost of $125 to a fund raising event for The Musicians Foundation sponsored by The Bohemians and honoring member Abba Bogin. Opposed, Shankin and Weiss.
Dennison distributed a bylaw proposal regarding Honor Membership submitted by a member to the Recording Vice President’s office.
Dennison requested a health benefit payment in the amount of $184 from the Local 802 strike fund for a member who had been on strike against Midori and Friends.
Motion made and carried unanimously to approve the request.
Dennison distributed a proposal from the John Hancock Life Insurance Company regarding Long-Term Care Insurance.
Meeting adjourned at 4:45 p.m.
TUESDAY, MAY 23, 2006
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, Rohdin, Shankin and Weiss. President Lennon excused on union business. Blumenthal chaired the meeting.
Recording Vice-Dennison reported on a meeting of the officers and Counsel Mars with Attorney Paul Shechtman of the firm Stillman, Friedman & Shechtman, P.C. (See minutes of May 16, 2006.)
Discussion held.
Financial Vice President Blumenthal distributed the Local 802 consolidated financial statements for the years ending December 31, 2004 and December 31, 2005.
Blumenthal reported on the search for a new controller.
Blumenthal requested approval of the regular quarterly payment in the amount of $15,119 to the Actors Fund of America, which payment funds the office of Local 802’s Musicians Assistance Program.
Motion made and carried unanimously to approve the payment.
Blumenthal presented a request for a $1,000 contribution towards the cost of updating the Strategic Education Training (SET) Initiative, a multi-union funded program designed to inform those who work in the arts and entertainment industry about how unions can best respond and adapt to change in these industries. Payment would be made to Cornell University’s school of Industrial and Labor Relations.
Motion made and carried unanimously to approve the request.
Jazz representative Essie Hayes present.
Dennison presented a new agreement with Jazz @ Lincoln Center.
Motion made and carried unanimously to approve the agreement subject to ratification by the bargaining unit.
Dennison presented a new agreement with Marstam Music Inc. (Marvin Stamm).
Motion made and carried unanimously to approve the agreement.
Hayes excused.
Blumenthal presented a request for sponsorship of the Local 802 softball team in the Performing Arts Softball League at a cost of $950.
Motion made and carried unanimously to approve payment of the sponsorship fee.
Blumenthal presented a request for purchase of a one half-page ad in the program journal for a reception honoring former AFM counsel George Cohen, Esq.
Motion made and carried unanimously to purchase a one-half page ad in the journal at a cost of $300.
Blumenthal reviewed with the board the retainer agreement with Paul Shechtman.
Meeting adjourned at 12:10 p.m.
TUESDAY, MAY 30, 2006
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, Rohdin, Schaffner, Shankin and Weiss.
President Lennon reported that he had inadvertently cashed two AFM expense reimbursement checks in 2005 that should have been turned over to Local 802. Lennon also reported that on Friday, May 26 he had reimbursed Local 802 for the amounts of those two checks.
Lennon excused on union business.
Blumenthal chaired the meeting.
Local 802 Counsel Mars and Attorney Shechtman present.
Shechtman reported on the preliminary inquiry being conducted by the Department of Labor (DOL). (See minutes of May 16, 2006.) Shechtman also reported on the matter of two AFM expense reimbursements checks totaling $1,757.37 due Local 802 for expenses incurred on the Local 802 credit card that had been cashed by President Lennon.
Jazz Advisory Committee Liaison Owens present at 11:15 p.m.
Discussion held.
Motion made and passed unanimously that Mars and Shechtman be directed to report to the DOL information regarding the AFM expense reimbursement checks cashed by Lennon.
Lennon present.
Discussion continued.
Lennon excused.
Motion made and carried unanimously to submit four questions to Lennon as outlined by Shechtman, requesting clarification of issues relating to the cashing of the two AFM expense reimbursement checks by Lennon, that there be a written response from Lennon by Wednesday, May 31 at 3 p.m., that this response be sent to Board members and that the Board re-convene on Friday, June 2 at 1:30 p.m.
Meeting recessed at 1:20 p.m.
Meeting resumed at 2:25 p.m. Present: Lennon, Blumenthal, Dennison, Babich, Gagliardi, Gale, Giannini, Rohdin, Schaffner, Shankin, Weiss and Owens.
Recording Vice President Dennison distributed the minutes of May 16, 2006.
Motion made and carried unanimously to approve the minutes as amended.
Dennison distributed the minutes of May 23, 2006.
Motion made and carried unanimously to approve the minutes as amended.
Lennon reported that the Metropolitan Opera Associate and Extras musicians had ratified their new agreement.
Lennon reported on the status of media negotiations with management of the Metropolitan Opera.
Lennon reported on the work and staffing of Local 802’s Music Preparation Department and recommended that Department supervisor Hafemeister be placed on part-time status.
He also recommended that part time staff member Covo assume music preparation department duties on the days Hafemeister is not in the office.
Discussion held.
The Board requested that Lennon ask Local 802 Personnel Director McDonald to attend a future Board meeting to provide details on staff salaries.
Motion made and passed unanimously to affirm a phone poll approving the purchase of a one-half page black and white ad in the TONY Awards edition of Backstage at a cost of $1732.
Blumenthal distributed the vouchers drawn on the Local 802 General Fund for the week of May 24 through May 30, 2006.
Blumenthal reported on a request from a contractor regarding a free concert at Carnegie Hall. Blumenthal was requested to provide additional information regarding this request.
Dennison requested purchase of a fullpage ad in the event journal celebrating the 100th Anniversary of AFM Local 400 in Hartford, Connecticut.
Motion made and carried unanimously to approve the request.
Dennison reported on the cost of proposed elevator repairs in the Local 802 headquarters building.
Discussion held.
The Board requested that Dennison provide additional information regarding the elevator repairs.
Dennison requested purchase of two tickets to the annual fundraising event for the Workers Defense League at a total cost of $370.
Motion made and carried unanimously to approve the request.
Dennison requested purchase of one ticket to a fund raising event for the Working Theatre at a cost of $250.
Motion made and carried unanimously to approve the request.
Principal Recording Department Representative Sheldon, Recording Department Representatives LeFevre and Monta and Recording Department Administrative Assistant Brunson present.
Board member and Recording Department Supervisor Schaffner reported on the recently concluded negotiations between the AFM and the Recording Industry Association of America (RIAA) for a new Sound Recording Labor Agreement.
Discussion held.
Babich excused at 4:30 p.m.
Schaffner requested that the Local 802 Limited Pressing Sound Recording and Local 802 Demonstration Recording agreements be extended unchanged through January 31, 2009.
Motion made and carried unanimously that the two agreements be extended as requested.
Gale excused at 4:40 p.m.
Brunson, LeFevre, Monta and Sheldon excused.
Mars reported to the Board that following a discussion with Lennon’s attorney, he and Shechtman recommended that Lennon’s written response to questions regarding AFM expense reimbursement checks be submitted by 12 p.m. on June 1, 2006.
Motion made and carried unanimously to approve the recommendation.
Meeting adjourned at 4:50 p.m.
FRIDAY, JUNE 2, 2006
Meeting called to order at 1:35 p.m. Present: Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Babich, Gagliardi, Gale, Giannini, Rohdin, Shankin and Jazz Advisory Committee Liaison Owens. Executive Board member Schaffner present by speakerphone.
President Lennon excused on union business.
Meeting chaired by Financial Vice President Blumenthal.
Local 802 Counsel Mars and Attorney Shechtman present.
Shechtman distributed copies of questions and the responses to those questions from President Lennon regarding the cashing of two AFM expense reimbursement checks. (See minutes of May 30, 2006.) Shechtman reported on his discussion with the U.S. Attorney’s office regarding the AFM expense reimbursements checks cashed by President Lennon.
Board member Weiss present at 1:45 p.m.
Shechtman reported on a conversation with AFM General Counsel Freund.
Recording Vice President Dennison reported on a meeting that he and Blumenthal had with AFM President Lee.
Shechtman reported on the status of expense reimbursement checks sent to President Lennon from the AFM & Employers Pension Fund and from Los Angeles AFM Local 47.
Discussion held.
Motion made and carried unanimously to extend the time for a more detailed response to the questions presented to President Lennon until Monday, June 5 at 5:00 p.m.
Motion made and defeated to affirm the phone poll denying the extension of time for President Lennon’s response to the questions posed to President Lennon until Monday, June 5, 2006. Opposed: Babich, Gagliardi, Gale, Rohdin, Shankin and Weiss.
Dennison requested approval of the purchase of a one-half page ad at a cost of $1950 in the upcoming issue of Manhattan Bride publicizing the Local 802 job referral service.
Motion made and carried unanimously to approve the request with the cost of the ad to come from the public relations budget.
Meeting adjourned at 3:25 p.m.
TUESDAY, JUNE 6, 2006
Meeting called to order at 11:40 p.m. Present: Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Gagliardi, Gale, Giannini, Landolfi, Rohdin, Schaffner, Shankin, Weiss and Jazz Advisory Committee Liaison Owens.
President Lennon excused. Meeting chaired by Blumenthal.
Local 802 Counsel Mars and Attorney Paul Shechtman present.
Shechtman distributed copies of the written response from President Lennon regarding Lennon’s cashing of two AFM expense reimbursement checks. (See minutes of May 30, 2006)
Discussion held.
Financial Vice President Blumenthal excused at 12:20 p.m.
Meeting recessed at 1:05 p.m.
Meeting resumed at 2:15 p.m. Present: Blumenthal, Dennison, Gagliardi, Gale, Giannini, Landolfi, Rohdin, Schaffner, Shankin, Weiss and Owens.
Discussion continued.
Blumenthal present at 2:35 p.m.
Motion made and carried unanimously to cancel President Lennon’s American Express credit card and that for future expenditures by Lennon on Local 802 business reimbursement would be made upon presentation of receipts.
Motion made and carried unanimously to establish a five-person subcommittee of the Board including the Financial Vice President, controller and three members of the Board to review procedures to ensure financial controls over officer expenditures and to report back to the Board within two weeks.
Board members Landolfi, Shankin and Gagliardi volunteered to serve as members of the Board subcommittee without objection.
Motion made and carried that Lennon be asked to resign his position as President of Local 802. Opposed: Gale, Gagliardi, Rohdin and Weiss. Mars and Shechtman excused.
Board member Gale excused at 4:10 pm.
Motion made and passed unanimously to recommend that the agenda for the June 13 membership meeting include a presentation by Shechtman on the status of the DOL inquiry.
Motion made and passed unanimously to engage a parliamentarian for the June 13 membership meeting.
Motion made and carried unanimously that the date of October membership meeting be October 17, 2006.
Motion made and carried unanimously that the Local 802 officers’ election be held on Tuesday, December 5, 2006.
Blumenthal reported that a new controller had been hired and will start work on June 12, 2006.
Board member Schaffner excused at 4:30 p.m.
Motion made and carried unanimously for Blumenthal and Dennison to make arrangements for former controller Bogert to return to NY to train the new controller at a reasonable cost.
Blumenthal reported on a request from a contractor regarding a free performance using professional musicians at Carnegie Hall.
Discussion held.
President Lennon appeared before the Board and presented a comprehensive media agreement covering the regular musicians and librarians of the Metropolitan Opera Orchestra.
Board member Weiss excused at 5:10 p.m.
Motion made and carried unanimously to approve the agreement subject to ratification by the bargaining unit.
Lennon presented a comprehensive media agreement covering the Metropolitan Opera Extra Musicians.
Motion made and carried unanimously to approve the agreement subject to ratification by the bargaining unit.
Lennon presented a comprehensive media agreement covering the Metropolitan Opera Music Staff.
Motion made and carried unanimously to approve the agreement subject to ratification by the bargaining unit.
Meeting adjourned at 5:35 p.m.