Musicians performing at the Boardwalk Restaurant at Jones Beach are now receiving scale wages and pension contributions. They were brought under union contract as the result of a grievance filed by Local 802.
While visiting the musicians who play at the Jones Beach band shell last July, Senior Business Rep Peter Voccola noticed a musician performing at the restaurant. He learned that Delaware North Park Services – signatory of an 802 contract that covers musicians who play in the band shell – had hired an agency to employ musicians for the restaurant, and that they were being paid by the agency on a 1099.
Local 802 immediately filed a grievance. DNP Services denied it in the first step, arguing that the contract only covers musicians working at the band shell and that no pay scale exists for musicians working at the restaurant. 802 argued that the contract covers all musicians who perform at Jones Beach, and that the Single Engagement Club Date scale applies.
After speaking with the musicians, it was agreed that Local 802 would try to reach a settlement. Voccola suggested that a steady scale be created and the musicians concurred, with the goal of establishing a scale of $200.
At three-hour meeting on Aug. 17, which at times came close to breaking down, an agreement was reached that pays musicians retroactively to July 24. Scales are $223 for single/leader and $208 for side musicians, plus a 4 percent contribution for pension. Effective next May 1, the rates will increase to $228 for single/leader and $213 for side musicians, and a 2 percent increase will bring the pension contribution to 6 percent. All musicians will be employees of DNP Services and will be paid on W-2s.
Negotiating with DNP Services’ Labor Relations Manager and their Jones Beach Director were Voccola and Local 802’s Long Island Regional Director, Bob Gulluscio.
After trying for months to solve a grievance informally, Local 802 and the Stamford Symphony Orchestra reached a satisfactory resolution to a second-step grievance the union had filed on July 26, centering on the question of in-school concerts. The employer contended that the contract excluded the payment of benefits for in-school concerts. Management claimed that any concerts presented in schools were part of their educational program and, since the union agreement did not require payment of benefits for classroom coaching sessions, traditional concerts in schools should also be excluded.
The union and the orchestra committee disagreed, arguing that all concerts, regardless of location, should be filed with Local 802.
To avoid going to arbitration over the issue, the employer accepted the union’s position at a Sept. 18 grievance meeting and agreed to retroactively file all the missing engagements with the union, no later than Nov. 15. The employer also agreed to raise wages for in-school concerts in accordance with union scale. Both parties agreed that a 33 percent contractor fee should be paid for in-school concerts. And, as part of resolving the dispute, they signed an amendment to the collective bargaining agreement, ensuring that there will be no ambiguity over this issue in the future.