Allegro

Executive Board Minutes

October 3, 2006 -- November 14, 2006

Volume CVI, No. 12December, 2006

TUESDAY, OCTOBER 3, 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, Landolfi, Schwartz, Shankin and Assistant to the President Rohdin.

President Lennon recused. Blumenthal assumed the chair of the meeting.

Board member Weiss present at 11:10 a.m.

Discussion resumed on applicability of the bylaw regarding misuse of the union credit card by an officer or staff member, Article 1, Section 5, Paragraph ii. of the Local 802 Bylaws.

Motion made and seconded that we enforce Article 1, Section 5, Paragraph ii. of the Local 802 Bylaws.

Jazz Advisory Committee Liaison Owens present at 11:15 a.m.

Discussion held.

Motion made and seconded that the prior motion be tabled.

Motion tabled. Opposed: Dennison and Landolfi.

Motion made and seconded that the Local 802 Executive Board shall take no action at this time with regard to invoking Article 1, Section 5, paragraph ii of the Local 802 Bylaws, based on the fact that no officer of Local 802 has been found to have committed misconduct by any duly elected trial committee and membership vote in accordance with Article V, Section 7 (d) of the Local 802 Bylaws.

Discussion held.

Motion passed. Opposed: Dennison, Landolfi.

Lennon present at 11:40 a.m.

Recording Vice President Dennison distributed the minutes of September 12, 2006.

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

Lennon requested purchase of one ticket at a cost of $250 to the New York State AFL-CIO’s Annual Labor Celebration and a one half-page ad in the event journal at a cost of $250.

Motion made and carried unanimously to approve the request.

Lennon reported that Mark Zimmerman had been appointed President of Actors’ Equity Association and that three current staff members had been appointed to perform the duties of deceased Executive Director Patrick Quinn until a new Executive Director was found.

Lennon reported that the Broadway production of “The Times They Are A-Changin” has been classified as a non-legitimate attraction.

Lennon requested authorization for payment of expenses for a trip to Boston for himself and Board member Gagliardi to attend a production of “High Fidelity,” scheduled to open on Broadway later this year.

Motion made and carried unanimously to approve the request.

Financial Vice President Blumenthal reported on various options regarding a Local 802 American Express credit card.

Discussion held.

Blumenthal reported on discussions with the Orpheus Chamber Orchestra.

Discussion held.

Blumenthal presented a run-out agreement between Local 802 and the Dicapo Opera Company.

Motion made and approved unanimously to approve the agreement.

Blumenthal presented a request from the New York Public Library regarding use of a film soundtrack recorded by the NYC Ballet for non-commercial and/or educational purposes.

Blumenthal was asked to provide additional information.

Blumenthal reported on the status of negotiations with the Village Light Opera Company.

Discussion held.

Blumenthal reported on a request from New York Revels to allow a high school student to participate in an upcoming performance.

Motion made and approved unanimously to approve the request.

Blumenthal reported on the status of an agreement covering payment to musicians in an upcoming performance of the New World Orchestra.

Meeting recessed at 1:55 p.m.

Meeting resumed at 2:00 p.m. Present: Lennon, Blumenthal, Dennison, Babich, Gagliardi, Gale Landolfi, Rohdin and Schwartz.

Controller Goldman appeared before the Board, distributed the August vouchers and presented the August financials and January 2006 to August 2006 financials.

Shankin present at 2:10 p.m.

Discussion held.

Blumenthal distributed proposed Local 802 Financial Policies.

Discussion held.

Motion made and carried unanimously to approve the Financial Policy as amended.

Blumenthal raised an issue regarding use of union data by candidates in the upcoming officers’ election.

Discussion held.

Lennon reported that Jay Schaffner was not able to go to the Future of Music Coalition meeting and that Board member Schwartz was able to attend.

Motion made and passed unanimously to authorize payment of expenses for Schwartz to attend the Future of Music Coalition Conference in Montreal, Canada.

Principal Theatre Representative Donovan appeared before the Board to present an agreement with the Manhattan Theatre Club covering productions at the Biltmore Theatre.

Motion made and carried unanimously to approve the agreement.

Meeting adjourned at 3:40 p.m.


TUESDAY, OCTOBER 10, 2006

Meeting called to order at 11:10 a.m. Present: President Lennon, Recording Vice President Dennison, Executive Board members Babich, Gagliardi, Gale, Landolfi, Schaffner, Schwartz, Shankin, Weiss and Assistant to the President Rohdin. Financial Vice President Blumenthal excused on union business.

Recording Vice President Dennison distributed the minutes of October 3, 2006.

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

Motion made and seconded to take from the table the motion from the prior meeting, October 3, 2006 regarding Executive Board enforcement of Article 1, Section 5, Paragraph ii. of the Local 802 Bylaws.

Motion defeated. Opposed: Babich, Gagliardi, Gale, Schwartz, Shankin and Weiss.

President Lennon reported on his and Board member Gagliardi’s attendance at a performance of “High Fidelity” in Boston to evaluate the producer’s application for special situation status. (See minutes of October 3, 2006.)

Financial Vice President Blumenthal present at 11:45 a.m. during the previous report.

Discussion held.

Blumenthal distributed a report from the Local 802 Computer Department regarding the progress of their work upgrading Local 802’s computer system software.

Blumenthal presented a request for the expenditure of $2,350 for coupons to be used for computer training for staff members.

Motion made and carried unanimously to approve the request and to forward the expense request to the Coordinating Advisory Committee for possible co-funding.

Blumenthal reported on the status of talks with the Village Light Opera.

Blumenthal reported on the status of discussions on final contract language in the Mostly Mozart collective bargaining agreement.

Discussion held on mailing lists made available to Local 802 officer candidates.

Motion made and seconded to provide candidates with paper labels only.

Motion made to amend the prior motion to also allow mailings to be done via electronic files only through the union’s mail house with the cost of the mail house to be fully covered by the candidate(s) and the per address payment to the union to be made at the same rate as the paper labels. (See minutes of September 19, 2006.)

Motion as amended carried. Opposed Babich.

It was further agreed that all candidates would be notified and that payment would be made by candidates directly to the mail house if utilized and to the Local 802 controllers’ office for the cost per address or label.

Motion made and carried unanimously to set the February 2007 membership meeting for February 13, 2007 at 3 p.m.

Meeting recessed at 1:00 p.m.

Meeting resumed at 2:00 p.m. Present: Blumenthal, Dennison, Babich, Gagliardi, Gale, Giannini, Landolfi, Rohdin, Schaffner, Schwartz, Shankin and Weiss. Lennon excused for personal reasons.

Member Larry Rawdon appeared before the Board and presented a proposal for a Music Industry, Music Education (MIME) initiative.

Discussion held.

Motion made and seconded to request information on whether or not a meeting took place in 2004 with Mayor Bloomberg concerning participation by Local 802 in a music mentoring pilot program in the NY public schools as reported in the President’s Report published in the July/August 2004 ALLEGRO, and if so the results of that meeting.

Discussion held.

Motion defeated. Opposed: Babich, Gale, Gagliardi, Schwartz, Shankin and Weiss.

Discussion resumed on MIME initiative.

Rawdon excused.

Motion made and seconded to fund a 13-week pilot program along the lines described in the MIME initiative at the hourly rate of $35 for 16 to 20 hours per week on a consultancy basis.

Amendment made and seconded to increase the experimental period to 4 months ending with the week of February 16.

Discussion held on the amendment.

Amendment carried. Opposed: Dennison, Giannini, Landolfi, Schaffner.

Amendment made and accepted by the maker of the motion that the hourly rate of pay for the MIME initiative be consistent with other contract employees at Local 802, that there be a full report to and review by the Board on the progress of the initiative after two months, that the CAC be asked to fund one half of the cost of the 4 month program and that the remainder of the funding come out of the public relations budget.

Babich excused at 4:35 p.m.

Motion as amended passed unanimously.

Gale and Gagliardi excused at 4:40 p.m.

Meeting adjourned at 4:50 p.m.


TUESDAY, OCTOBER 17, 2006

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, Schwartz, Weiss, Assistant to the President Rohdin and Jazz Advisory Committee Liaison Owens.

Recording Vice President Dennison distributed the minutes of October 10, 2006.

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

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

Lennon reported that the officers recommended that parliamentarian Dr. Eli Merchant chair the membership meeting scheduled for 3 p.m. during the agenda item “charges against an officer.”

Motion made and passed unanimously to concur with the officers’ recommendation.

Blumenthal requested an additional one-time payment of $18.50 over and above the $50 monthly allowance for the Allegro editor’s cell phone bill.

Motion made and carried unanimously to approve the request.

Blumenthal distributed an agreement between Local 802 and New York Collegium, Inc.

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

Blumenthal distributed a contract extension agreement with the Village Light Opera Group.

Motion made and carried unanimously to approve the extension agreement.

Blumenthal reported on the status of discussions with the Orpheus Chamber Orchestra.

Blumenthal initiated a discussion regarding accrued mileage on the union’s AMEX credit card.

Discussion held.

President Lennon suggested that the band scheduled to use Room B for a rehearsal during the time of the 3 p.m. membership meeting be moved to another location. He also requested payment for the cost of outside rehearsal space.

Motion made and carried unanimously to approve $180 for the cost of the outside rehearsal space.

Dennison requested purchase of one ticket at a cost of $250 to the Jazz Foundation’s annual Loft Party.

Motion made and carried unanimously to approve the request.

Dennison reported on a request from the office of City Council Speaker Christine Quinn that Local 802 donate the services of a band for an annual children’s Halloween parade in the Chelsea Community.

Motion made and carried unanimously to approve the expenditure of up to $700 to hire a band for the children’s parade from the public relations budget.

Dennison recommended that absentee ballot requests by mail for the December 5, 2006 Local 802 officers’ election received after October 15 be accepted provided they are postmarked no later than October 15 in accordance with past practice.

Motion made and carried unanimously to approve the recommendation subject to consultation with Local 802 counsel.

Meeting adjourned at 12:15 p.m.


MEMBERSHIP MEETING:
TUESDAY, OCTOBER 17, 2006

Meeting called to order at 3:10 p.m. having determined that a quorum had been achieved. Present: President Lennon, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Gagliardi, Gale, Landolfi, Schaffner, Schwartz, Shankin, Weiss, and Trial Board members Hood, Goletz, Price, Ray, Roberts and Singer.

Lennon introduced the parliamentarian Dr. Eli Merchant.

Lennon proposed the standing rules of order for the meeting.

Motion made and carried unanimously to approve the standing rules as presented.

Lennon reported that the three full time officers with the unanimous recommendation of the Executive Board proposed that the parliamentarian assume the chair of the meeting during the agenda item regarding charges against an officer.

Motion made and carried unanimously to approve the parliamentarian serving as chair during the agenda item regarding charges against an officer.

Recording Vice President Dennison read the “Meeting Notification” bylaw proposal.

Motion made and carried unanimously to adopt the bylaw.

Dennison read the “Voting by the Chair” bylaw proposal.

Motion made and carried unanimously to adopt the bylaw.

Lennon relinquished the chair to parliamentarian Merchant.

Merchant had copies of the charges and the appropriate bylaws regarding charges against officers distributed to the body.

As one of the complainants Dennison read the charges.

Motion made to dismiss the charges on the grounds that the charges were poorly defined and that the alleged act was not in fact malfeasance.

Discussion held.

The question was called.

A secret ballot vote was conducted and the motion to dismiss the charges was carried by a vote of 196 to 83.

Lennon resumed the chair.

Motion made and seconded to adjourn the meeting.

Meeting adjourned at 4:55 p.m.


TUESDAY, OCTOBER 24, 2006

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, Schwartz, Shankin, Assistant to the President Rohdin and Jazz Advisory Committee Liaison Owens.

Recording Vice President distributed the minutes of October 17, 2006.

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

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

Recording Vice President distributed the minutes of the October 17, 2006 membership meeting.

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

Lennon presented an invoice in the amount of $932.80 from attorney Neil Lipton for additional legal work in regard to the Metropolitan Opera Music Staff negotiations.

Motion made and carried unanimously to approve payment of the invoice from the Members’ Legal Services Fund.

Local 802 Counsel and Principal Theatre Business Rep Donovan appeared before the board and presented a settlement agreement with Mean One Productions LP for the production of “How the Grinch Stole Christmas” at the Hilton Theatre.

Discussion held.

Motion made and carried unanimously to approve the settlement agreement.

Lennon presented a request from Inside Broadway for a contribution to an upcoming fund raising event.

Discussion held.

Motion made and carried unanimously to contribute $250 to Inside Broadway and to offer a larger contribution of up to $1,500 from the public relations budget provided that a larger ensemble is engaged for their 25th Anniversary Concert.

Lennon presented a request for the purchase of a quarter-page ad at a cost of $150 in the event journal for an awards dinner in support of the American Labor Museum.

Motion made and carried unanimously to approve the request.

Meeting recessed at 1:00 p.m.

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

Controller Goldman appeared before the Board to present a preliminary 2007 Local 802 budget.

Discussion held.

Controller Goldman excused.

Owens excused at 3:30 p.m.

Lennon distributed for discussion at the next Board meeting a proposal for a Film Scoring Workshop to be sponsored by the Film Musicians Secondary Markets Fund with the cooperation of ASCAP and Columbia University’s Film School.

Blumenthal distributed an agreement with the New York Scandia Symphony.

Motion made and carried unanimously to approve the agreement.

Blumenthal presented an outstanding invoice in the amount of $3,165.55 for the leasing of the union’s postage meter from a former leasor. Legal counsel recommended that the invoice be paid while reimbursement for the payment is pursued from the new postage meter leasing company.

Motion made and carried unanimously to approve payment of the invoice.

Dennison presented bids regarding the installation of required photo luminescent signs and marking materials on the stairwells and exits of Local 802’s headquarters building as required by New York City Local Law 26. He recommended that the low bid of $6,084.14 from TCB Group LLC be accepted.

Motion made and carried unanimously to accept the bid from TCB Group LLC.

Board member Schwartz recommended that Local 802 member Ray Chew be invited to address the Board regarding changes in the music industry and how to best organize musicians working in the urban pop field.

Schwartz reported on his attendance at the Future of Music Policy Summit held October 5 — October 7, 2006 in Montreal, Canada.

Babich excused at 4:20 p.m.

Meeting adjourned at 4:25 p.m.


TUESDAY, OCTOBER 31, 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, Landolfi, Schwartz, Shankin, Weiss and Assistant to the President Rohdin.

Recording Vice President Dennison distributed the minutes of October 17, 2006.

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

President Lennon presented a request for a contribution of $250 to help establish a musical theatre award at the University of Michigan in the name of Actors Equity Association and its retiring Executive Director Alan Eisenberg.

Lennon requested that Local 802 become a co-sponsor along with the Film Musicians Secondary Markets Fund, of a Columbia University/ASCAP Film Scoring Workshop at a cost of $3,000 with the funds to come from the public relations budget, provided that any recorded work for the program be done under the appropriate AFM agreement and that Local 802 be given visible credit in all promotional materials. (See minutes of October 24, 2006.)

Discussion held.

Motion made and carried unanimously to approve the request.

Lennon raised a matter regarding a proposed promulgated Game Music agreement being discussed by the International Executive Board.

Discussion held.

Motion made and passed to send a fax to the AFM regarding the proposed Game Music agreement. Opposed: Dennison and Landolfi.

Blumenthal updated the Board regarding efforts to recoup payment for leasing of the union’s old postal meter.

Blumenthal proposed that a Local 802 holiday party be scheduled.

Motion made and carried unanimously to hold a holiday party on Wednesday, December 13 at 5 p.m. with the expenditure of up to $5,000, in keeping with previous year’s expenditures.

Blumenthal initiated a discussion on holiday bonuses for staff.

Discussion held.

Blumenthal reported on a promotional recording request from the Westchester Philharmonic.

Dennison requested health benefit payments for members who were on strike against Midori & Friends earlier this year and who were threatened with loss of health benefit coverage due to the strike.

Motion made and carried unanimously to contribute $1,266.60 to the Local 802 Health Benefits Plan in behalf of these members from the Local 802 Strike Fund.

Dennison requested payment of Local 802’s annual Associate Membership dues in the amount of $250 to the International Association for Jazz Education.

Motion made and carried unanimously to approve the payment.

Principal Theatre Representative Donovan and Theatre Representative Covo appeared before the Board to present an agreement with Second Stage Theatre, Playwrights Horizons, The Joseph Papp Public Theatre and the New York Theatre Workshop.

Motion made and carried unanimously to approve the agreement.

Meeting recessed at 1:00 p.m.

Meeting resumed at 2:05 p.m. Present: Lennon, Babich, Blumenthal, Dennison, Gagliardi, Gale, Landolfi, Schwartz, Weiss and Rohdin.

Controller Goldman appeared before the Board to continue discussion on the 2007 Local 802 budget.

Discussion held.

Rohdin excused at 3:00 p.m.

Discussion continued.

Motion made to approve the 2007 Budget as presented. Opposed: Landolfi.

Motion made and carried unanimously to unfreeze the Political Director /Public Relations Director position with the stipulation that the individual hired have the approval of both presidential candidates.

Motion made and passed to unfreeze the position of concert representative. Opposed: Dennison and Landolfi.

Motion made and carried unanimously that no staff positions be filled other than that of the Political Director/PR Director and Concert Representative without the approval of the Executive board.

Lennon reported on agreement with member Larry Rawdon regarding his work on the MIME proposal. (See minutes of October 10, 2006)

Jazz Representative Hayes appeared before the Board and presented an agreement with “Such Sweet Thunder” for weekly performances at Birdland.

Motion made and carried unanimously to approve the contract.

Hayes presented an agreement with Sixteen As One Music for weekly performances at the Village Vanguard.

Motion made and carried unanimously to approve the contract.

Lennon requested payment of an invoice from Attorney Robert Barandes in the amount of $1,925 for legal services in regard to the Metropolitan Opera Orchestra media negotiations.

Motion made and carried unanimously to pay the invoice out of the Members Legal Services Fund.

Rohdin present

Motion made and carried unanimously to endorse Robert Menendez for U.S. Senator from New Jersey and to inform Local 802 members about this endorsement.

Meeting adjourned at 4:20 p.m.


TUESDAY, NOVEMBER 14, 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, Schaffner, Schwartz, Shankin, Jazz Advisory Committee Liaison Owens and Assistant to the President Rohdin.

Recording Vice President Dennison distributed the minutes of October 31, 2006.

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

Lennon reported on the outcome of a hearing held by the Special Situations Committee under the terms of the Local 802 / League of American Theatres and Producers collective bargaining agreement regarding the Broadway production of “High Fidelity.” The Committee had granted “High Fidelity” special situation status.

Discussion held.

Members of the rank and file Recording Musicians Committee David Weiss and Scott Healey, Principal Recording Representative Sheldon and Recording Representative Lefevre present for a discussion of an agreement covering the recording of game music.

Member David Weiss and Recording Department Supervisor and Board member Schaffner reviewed the provisions of an Experimental Game Music Proposal as adopted by the AFM International Executive Board.

Discussion held.

Gale excused at 1:05 p.m.

Meeting recessed at 1:10 p.m.

Meeting resumed at 2:05 p.m. Present: Lennon, Blumenthal, Dennison, Gagliardi, Schaffner, Schwartz, Shankin, Rohdin and Owens.

Local 802 Health Benefits Plan Administrator McCormick present.

Lennon outlined the changes in the Local 802 Health Benefits Plan approved by the Plan trustees that will go into effect January 1, 2007.

Discussion held.

Blumenthal distributed a memorandum of agreement covering educational services with the Orpheus Chamber Orchestra.

Motion made and carried unanimously to approve the agreement.

Blumenthal reported that he had been informed by Local 306 of the International Alliance of Theatrical and Stage Employees that Local 802 would soon receive a check in the amount of $3,630 for unused strike benefits paid to Local 306 members from the Local 802 strike fund for their support during the 2003 Broadway strike.

Blumenthal reported that the Computer Department was ready to engage a full time programmer to complete the update of the Local 802 proprietary software.

Motion made and carried unanimously to unfreeze the position of programmer and to suggest that the computer department consider January 2, 2007 as the start date for the programmer.

Motion made and carried unanimously to express congratulations to Local 802 member John Hall upon his election to Congress.

Jazz Representative Hayes appeared before the Board and presented an agreement with Contrary Mary, Inc. (Walt Weiskoff).

Motion made and carried unanimously to approve the agreement.

Hayes presented an 18 month extension agreement with the New School Guitar Study Center after which the Guitar Study Center will close.

Motion made and carried unanimously to approve the agreement.

Local 802 Counsel Mars and Principal Business Rep Donovan appeared before the Board and presented an agreement with Big Apple Entertainment, LLC for the show “Tony N’ ‘Tina’s Wedding.”

Motion made and carried unanimously to approve the agreement.

Donovan excused.

Discussion held regarding changes in the Local 802 Health Benefits Plan.

Board member Gale present at 3:15 p.m.

Meeting adjourned at 4:15 p.m.