Grievance Corner

Volume CIV, No. 10October, 2004


A grievance was settled in behalf of a Local 802 member who was denied his identity of product rights when “Caroline, or Change” moved from the Off Broadway production at the Public Theatre to the Broadway production at the Eugene O’Neill. Under the Off Broadway agreement the musician had the right to the Broadway production. The Broadway employer, Stuart Thompson Productions, challenged those rights and did not engage the musician. A few days prior to the case going before an arbitrator the employer offered a settlement, and the union accepted. The musician received a total of $13,042.56. Local 802 consulted with attorney Harvey Mars regarding this grievance. “Caroline, or Change” closed on Aug. 29.


The New York City Gay Men’s Chorus recently resolved a step two grievance involving multiple contract violations. These violations included:

  • Bouncing a check and not paying the correct cartage to a musician.
  • Paying an evening rehearsal at day rates.
  • Sending a tax form late, resulting in one musician’s incurring $100 of additional tax preparation expenses.
  • Using non-bargaining unit musicians to supplement the orchestra.

Each of these violations was successfully resolved and all musicians owed money were reimbursed in full. In addition, it was agreed that in the future, all musicians performing in the orchestra would be bargaining unit members who would be required to join the union within 30 days.