TUESDAY, MARCH 25, 2008

Meeting called to order at 11:06 a.m. Present: President Landolfi, Financial Vice President Blumenthal, Executive Board members Fein, Giannini, Johansen, Roach, Schwartz and Jazz Advisory Committee Liaison Owens. Recording Vice President Dennison excused out of town. Financial Vice President Blumenthal took the minutes.

Financial Vice President Blumenthal distributed the minutes of March 18, 2008. Motion made and carried unanimously to approve the minutes as amended.

Motion made and carried unanimously to affirm the Executive Board poll approving the settlement of a grievance regarding the Broadway production of “Legally Blonde.”

President Landolfi reported on the status of the Special Situation request made by the Broadway producers of “Cry-Baby.”

Landolfi reported on her recent trip to Washington D.C. and meetings with various legislators regarding performance rights legislation, intellectual property issues and the need to update copyright law.

Motion made and carried unanimously to purchase a half-page advertisement at a cost of $1,250 in the program journal for the 59th anniversary luncheon of the New Dramatists Guild honoring Harvey Fierstein.

President Landolfi reported that a request had been made to AFM for the engagement of the United States Military Academy West Point Band to play Sousa marches at the conclusion of a New York Philharmonic parks concert taking place on July 3, 2008. 

Landolfi requested approval to submit for arbitration a grievance regarding the Metropolitan Opera’s refusal to pay benefits on behalf of staff musicians employed 34 hours or more per week. Motion made and carried unanimously to approve.

Financial Vice President Blumenthal reported on the status of freelance orchestra negotiations.

Controller Ira Goldman appeared before the Board to report on the 2007 year-end audit, the status of the annual Department of Labor LM-2 report and to present the January 2008 financials. Discussion held. Goldman excused.

Assistant to the President Joel Lefevre appeared before the Board to report on the status of New York City’s “Congestion Pricing” plans. Discussion held. Lefevre excused.

President Landolfi initiated a discussion on potential candidates for the Cornell Union Leadership Institute. Discussion held.

Principal Business Rep Mary Donovan appeared before the Board to present a contract for the Brooklyn Academy of Music Bridge Project production of “Cherry Orchard” and “The Winter’s Tale.” Motion made and carried unanimously to approve the agreements. Donovan excused.

Meeting adjourned at 12:11 p.m.

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TUESDAY, APRIL 1, 2008

Meeting called to order at 11:10 a.m. Present: President Landolfi, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Burridge, Fein, Giannini, Johansen, Rizzo, Roach and Schwartz and Jazz Advisory Committee Liaison Owens.

President Landolfi reported on the status of the special situation request made by the producers of the Broadway production of “Cry-Baby.”

Landolfi reported that a ruling by the New York State Unemployment Insurance Board granting unemployment benefits to Broadway musicians who were out of work during the 2007 Stagehands strike was being appealed by the League of American Theatres and Producers and that Local 802 Counsel Finnegan would be representing Local 802 members in that appeal.

Landolfi requested the purchase of an ad at a cost of $350 in the journal for an annual fund raising event sponsored by the New York Committee on Occupational Safety and Health. Motion made and carried unanimously to approve the request.

Landolfi requested payment of membership fees in the Performing Arts Softball League for the Local 802 Softball Team in the amount of $1,050. Motion made and carried unanimously to approve the request.

Landolfi requested approval of payment of printing costs for the Winter 2007 — Spring 2008 Emergency Relief Fund (ERF) Journal at a cost of $7,888.37 with payment to come from the from the ERF. Motion made and carried unanimously to approve the request.

Blumenthal requested annual increases for two staff members. Motion made and carried unanimously to approve the request.

Blumenthal reported on his attendance at the New England Conference of AFM Locals. Board member Schaffner present at 11:20 a.m. Blumenthal distributed copies of Local 802’s financial policies adopted on October 3, 2006 along with copies of the Local 802 Corporate Credit Card statements for November 2007 through February 2008.

Local 802 Counsel Mars appeared before the Board and presented a settlement proposal from a representative of Jordan Belkin regarding a default judgment held by Local 802 for wages and benefits owed musicians. (See minutes of April 4, 2006.) Motion made and carried unanimously to reject the settlement proposal and direct counsel Mars to continue pursuit of money owed to Local 802 members. Roach and Schwartz recused.

Mars reported on the status of efforts to collect funds owed to Local 802 members by Chef Theatre Holdings Inc. (Marty Bell) Motion made and carried unanimously to authorize Counsel to obtain a settlement proposal from Bell by April 30, 2008.

Mars reported on the status of negotiations with the Orpheus Chamber Orchestra and the requirements of New York State Labor Law regarding timely wage payments. Discussion held.

Mars distributed copies of a decision by the National Labor Relations Board (NLRB) dismissing an appeal of an earlier NLRB decision that dismissed unfair labor practice charges and duty of fair representation charges filed by a former member of the Radio City Music Hall orchestra.

Recording Vice President Dennison distributed copies of a letter sent to the Executive Board by member John Babich. Discussion held. Mars excused.

Concert Representative Fisher appeared before the Board and presented a request from the American Opera Project regarding performances at Symphony Space and at SUNY Purchase. Discussion held. 

Controller Goldman appeared before the Board and distributed the January 2008 and February 2008 vouchers and the February 2008 financials. Discussion held.

Blumenthal reported that the 2007 Department of Labor LM 2 report had been completed and filed.

Meeting adjourned at 2:00 p.m.

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TUESDAY, APRIL 15, 2008

Meeting called to order at 11:05 a.m. Present: Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Burridge, Fein, Rizzo, Roach and Schwartz and Jazz Advisory Committee Liaison Owens. President Landolfi excused. Blumenthal chaired the meeting.

Recording Vice President Dennison distributed the minutes of March 25, 2008. Motion made and carried unanimously to approve the minutes as amended. Recording Vice President Dennison distributed the minutes of April 1, 2008. Motion made and carried unanimously to approve the minutes as amended.

Financial Vice President Blumenthal reported that Local 802 was escheating funds to New York State from the recording claims funds as required by state law.

Blumenthal distributed copies of the Local 802 AmEx credit card bill for March 2008.

Blumenthal distributed copies of a Memorandum of Agreement with the Opera Orchestra of New York. Motion made and carried unanimously to approve the agreement subject to ratification by the bargaining unit.

Local 802 Counsel Mars present. Blumenthal and Mars presented and reviewed a Memorandum of Agreement with the American Ballet Theatre. Board member Schaffner present at 11:40 a.m. Discussion held. Motion made and carried unanimously to approve the agreement subject to ratification by the bargaining unit.

Dennison distributed copies of a letter from the League of American Theatres and Producers confirming that the producers of “Cry-Baby” had agreed to withdraw their special situation request and that the production would engage three additional musicians from the first service at the theatre to fulfill the minimum orchestra requirements at the Marquis Theatre.

Dennison reported that Bryant Park Special Projects Coordinator Susie Sigel had agreed to expand their Piano in the Park series (see minutes of January 29, 2008), to includes evening and trio performances and that the Park would provide a sound system and grand piano for these additional performances. Dennison requested a contribution of $3,797.42 from the public relations budget to the Council for Living Music to help fund these performances. Motion made and carried unanimously to approve the request. 

Dennison requested the purchase of seven tickets at a total cost of $700 to A Great Night in Harlem, the annual fundraising event for the Jazz Foundation of America. Motion made and carried unanimously to approve the request. 

Dennison requested a contribution of $250 to TenantPAC, the political action committee of Tenants and Neighbors.Motion made and carried unanimously to approve the request. 

Dennison requested that up to four Local 802 business reps be sent to a Cornell ILR workshop on Strategic Research for Union Organizers at a total cost of $1,400. Motion made and carried unanimously to approve the request. 

Dennison requested a contribution of $100 to the New York Historical Society. Motion made and carried unanimously to approve the request. 

Dennison requested the purchase of one ticket to a fund raising event for the Westchester-Putnam Working Families Party at a cost of $300. Motion made and carried unanimously to approve the request. 

Dennison requested the purchase of two tickets at a total cost of $400 to the NYC Central Labor Council’s annual awards reception. Motion made and carried unanimously to approve the request. 

Dennison requested purchase of one ticket at a cost of $250 to the Actors Fund of America’s annual fund raising event. Motion made and carried unanimously to approve the request contingent upon confirmation that music at the event would be covered under a union agreement. 

Dennison reported on recent efforts to bring several live performances under union contract. Discussion held.

Discussion held on “Cirque Dreams,” a show scheduled for a limited run at the Broadway Theatre in June and July 2008.

Discussion held on the American Federation of Musicians and Employers Pension Fund rules regarding early retirement.

Dennison distributed a communication received by his office from a member.

Donovan appeared before the Board and presented an agreement for a workshop production of “Leap of Faith.” Motion made and carried unanimously to approve the agreement. 

Meeting adjourned at 1:45 p.m.

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TUESDAY, APRIL 29, 2008

Meeting called to order at 11:05 a.m. Present: President Landolfi, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Burridge, Fein, Rizzo, Roach, Schaffner, Schwartz and Jazz Advisory Committee Liaison Owens.

Recording Vice President Dennison distributed the minutes of April 22, 2008. Motion made and carried unanimously to approve the minutes as amended. 

President Landolfi reported that the current social worker on staff at the Musicians’ Assistance Program would be a leaving as of May 2, 2008 and that the Actors’ Fund would cover the needs of that office while seeking a replacement. 

Landolfi reported that she would be attending the Spring Caucus of the New York State Democratic Party in Saratoga Springs on May 1 and May 2.

Landolfi reported that she and AFM Legislative Director Hal Ponder had met with United States Senator Schumer to urge his support for legislation that would secure performance rights for radio broadcasts.

Landolfi reported that U.S. Department of Labor had ruled that the St. Louis Symphony Musicians Association had been designated a “labor organization” under the Labor Management Reporting and Disclosure Act. Landolfi also described the problems such designation posed to orchestra committees and that the law firm Bredoff & Kaiser would be representing the symphony committee and the AFM in regard to this matter. Discussion held.

Landolfi requested the purchase of one sponsor ticket at a cost of $500 to the New York City Center Encore’s Spring Gala 2008. Motion made and carried unanimously to approve the request.

Landolfi requested a donation in the amount of $500 to the campaign committee of New York State Senator Tom Duane from TEMPO 802. Motion made and carried unanimously to approve the request.

Landolfi reported that members of the Honolulu Symphony were currently performing without salaries because of the symphony’s financial problems. Motion made and carried unanimously to contribute $5,000 from the Local 802 Strike Fund to Honolulu Local 677 to assist symphony members. 

Member Babich appeared before the Board to appeal the Executive Board’s dismissal of charges filed by Babich against two members. (See minutes of March 11, 2008.) Babich requested permission to record his appearance at the Executive Board. Babich excused. Motion made and seconded that Babich not be allowed to record his appearance at the Board. Amendment made and carried that Babich also be asked to leave any recording equipment outside the room during his appearance at the Board. Opposed: Blumenthal, Burridge and Schwartz. Original motion as amended carried. Opposed: Burridge and Schwartz. Babich present. 

Babich presented his appeal of the Board’s decision regarding the dismissal of charges against two members. Babich excused. Motion made and seconded to accept the appeal of Babich and refer to the Trial Board the charges against two members regarding their failure to appear before the Trial Board when summoned. Discussion held. Motion defeated. Opposed: Blumenthal, Dennison, Fein, Giannini, Rizzo, Roach and Schaffner.

Controller Goldman appeared before the Board and presented the March 2008 and the January through March 2008 financials. Discussion held.

Principal Organizer Donovan appeared before the Board and presented an agreement covering a developmental production of “Pure Country.” Motion made and carried unanimously to approve the agreement.

Discussion held on the status of the hiring of additional musicians required to fulfill the minimum orchestra requirements for the Broadway production of “Cry-Baby.”

Financial Vice President Blumenthal presented a Memorandum of Agreement with the American Symphony Orchestra. Motion made and carried unanimously to approve the agreement subject to ratification by the bargaining unit.

Blumenthal requested that the promulgated single engagement classical wage scales for 2008 through 2010 be set at the scales negotiated in the New York Pops agreement. Motion made and carried unanimously to approve the request. Blumenthal requested that the promulgated single engagement opera/ballet scale for 2008 be set at the scale negotiated with the American Ballet Theatre for 2008. Motion made and carried unanimously to approve the request.

Meeting adjourned at 2:25 p.m.