Allegro

Grievance Corner

Volume CIV, No. 9September, 2004

“DREAM A LITTLE DREAM”

Local 802 attorney Harvey Mars took on a grievance against Eric Nederlander, producer of “Dream A Little Dream.” While performing at the Village Theatre, a band member from “Dream…” found that a housing fee was being deducted from his paycheck. Nederlander contended that the musicians’ wages included a per diem that he was supposed to pay to them for providing housing. However, the paychecks produced in evidence did not include any per diem for housing. The deduction for housing thus meant the musician was making less than the negotiated scale wage. After several months of waiting for the case to get to arbitration, the Nederlanders and their attorney finally agreed to reimburse the musician for illegal garnishment of wages. Mars also put in a claim for penalties, and the final payment was $2,465.72.

JAMES HARWOOD

A grievance against James Harwood of Harwood Management Group, Inc. was resolved regarding nonpayment of health benefit contributions due to a returned check for insufficient funds.

A small claims court proceeding resulted in a default judgement against Harwood. After the freezing of all of his bank accounts, a check for payment in the amount of $1,374.58 was received by the health fund paying in full all money owed plus penalties and interest.

STAMFORD SYMPHONY

After grieving the Stamford Symphony’s failure to pay three musicians for an engagement that was cancelled after the seven-day cancellation provision in their contract, the musicians received payment in full from the symphony for the engagement.