Grievance Corner

Volume CIII, No. 9September, 2003


A settlement has been reached between Local 802 and the Goldman Memorial Band (GMB) concerning three grievances that were brought to arbitration.

Two of the grievances involved the tenure and hiring status of two long-time GMB musicians. In one case, the employer failed to recognize a musician’s status as principal. In the other, the employer failed to grant tenure to a musician who had played regularly in a vacant position.

The third grievance involved the employer’s failure to comply with an agreement that had been in place since 1987, which designated two seats on the GMB Board of Directors to be held by two duly elected musicians. The musicians of the band held an election for the two positions. However, the employer would only recognize and allow one of them to serve on the board.

Midway through the arbitration process, an additional grievance and unfair labor charge were filed against the employer when it notified the musicians that only three concerts would be scheduled for the summer season even though the contract guaranteed a minimum of six. The employer also attempted to implement this change without negotiating with or receiving consent from the union.

Further, just two weeks prior, the employer had requested funding from the MPTF stating its intention to honor the contractually required six-concert guarantee. In addition to filing the unfair labor charge, Local 802 immediately informed the MPTF of the employer’s actions. The MPTF subsequently notified the employer that it would receive no funding unless it complied with the contract and honored the six-concert work guarantee.

As a result, on June 5, an agreement was reached between the union and the Goldman Memorial Band whereby three additional concerts were scheduled and full wages and attendance credit were given to any musician unable to perform due to the lack of four weeks’ advance notice, also required under the contract.

On July 24, a settlement on all the outstanding grievances was reached after a daylong arbitration hearing. The employer agreed to recognize the band’s two duly elected board members. It was agreed that a new election would be held by Jan. 1, at which time both seats would become permanent, subject only to the re-election procedures for all other board members. The union representatives on the board will be excluded, however, from deliberations regarding labor relations, collective bargaining, personnel and staffing, in accordance with labor law.

The grievances involving the hiring status of two musicians were resolved by granting one of the musicians tenure as co-principal and hiring the other next season with one year’s credit towards acquiring tenure.

Committee members Terry Pierce and Howard Harris and orchestra contractor Wally Kramer attended all arbitration hearings. The musicians were represented by Assistant Director David Lennon and 802 counsel Harvey Mars.