The following resolutions have been submitted for consideration at the membership meeting to be held Tuesday, Oct. 21 at 3 p.m. in the Local 802 Club Room.

(NOTE: In the following drafts, language that will be removed from the bylaw is struck through, like this. Proposed new language is underlined.)

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RESOLUTION #1

Whereas, Local 802 should not be limited in the choice of officers deemed qualified for elective office, and;

Whereas, in the past, search committees created to issue recommendations to the Executive Board have experienced such limitations on qualified candidates seeking elective office due to membership restrictions contained in the Bylaws, now; therefore

Be it resolved that Section 4 of Article VI of the Local 802 bylaws, which requires those members running for office, holding office or continuing in office to have been members in good standing for at least two consecutive years, be deleted in its entirety, and;

Be it further resolved that the Sections of Article VI following Section 4 be renumbered sequentially.

Submitted by Francisco Donaruma (D03683)

The Executive Board reports this resolution unfavorably. The consensus of the Board was that reasonable membership requirements for elective union office are appropriate, that the current bylaw provision meets this standard, and that union membership of the length required by the bylaws demonstrates a commitment to the union and its processes.

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RESOLUTION #2

Whereas, Local 802 has had no annual dues increase since 1996, and;

Whereas, Local 802 has had no increase in work dues since 1984, and;

Whereas, the Local’s necessary expenses continue to increase at a greater rate than its income, thus risking an adverse effect on its continuing ability to provide critical services, and;

Whereas, such expenses exceeded income by approximately $350,000 in 2002 and are budgeted to exceed income by approximately $250,000 in 2003, such losses caused in part by the more than $400,000 expended over that period in public relations efforts, which efforts should continue, possibly at an increased level of activity and,

Whereas, a dues provision should be put in place that would allow for sufficient income for the difficult fights of the foreseeable future; and,

Whereas, the locals bylaws should reflect the changes in Per Capita Dues payments required by the 2003 AFM Convention; now, therefore

Be it resolved that Article III, Section 2(a) of the Local 802 bylaws be amended as follows:

Section 2. Periodic Dues

(a.) In addition to any work dues, effective January 1, 1994 2004, the regular periodic membership dues shall be one hundred and fifty eighty two dollars ($150) ($182) per annum which sum shall include the forty-six forty-eight dollar ($46) ($48) Per Capita Dues payable by the Local to the AFM for each of its members. The regular dues shall be payable to this Local at the quarterly rate of thirty-seven forty-five dollars and fifty cents ($37.50) ($45.50) in the months of January, April, July and October of each year. If the regular membership dues are paid in full for the entire year by January 31st of that year, a discount of five dollars ($5) shall be allowed.

Effective January 1, 1995 2005, the regular periodic membership dues shall be one hundred and sixty ninety-four dollars ($160) ($194) per annum which sum shall include the fifty dollar ($50) Per Capita Dues payable by the Local to the AFM for each of its members. The regular dues shall be payable to this Local at the quarterly rate of forty-eight dollars and fifty cents ($40) ($48.50).

Effective January 1, 2006, the regular periodic membership dues shall be two hundred and six dollars ($206) per annum which sum shall include the fifty-two dollars ($52) Per Capita Dues payable by the local to the AFM for each of its members. The regular dues shall be payable to this Local at the quarterly rate of fifty-one dollars and fifty cents ($51.50).

Effective January 1, 1996, 2007, a further increase of ten two dollars ($10) ($2) per year to one two hundred seventy and eight dollars ($170) ($208) shall be required of each member, which shall include the fifty-four dollar ($54) Per Capita Dues payment payable by the Local to the AFM for each of its members. The quarterly rate shall then become forty fifty-two dollars and fifty cents ($42.50) ($52).

And, Be it Further Resolved that Article III, Section 4(b) of the Local 802 bylaws be amended as follows:

Section 4. Honor Membership

(b.) Honor Members’ dues shall be the greater of:

1. The amount of Per Capita Dues required to be paid by the Local to the American Federation of Musicians ($30; effective January 1, 2004, $32; effective January 1,2005, $34; effective January 1, 2006, $36; effective January 1, 2007, $38) plus twenty-five percent (25%) of the amount of the Locals regular periodic dues in excess of the said Federation’s Per Capita Dues or

2. $72 per annum (effective January 1, 2004, $74; effective January 1, 2005, $76; effective January 1, 2006, $78; effective January 1, 2007, $80).

This resolution shall be effective retroactively to January 1, 1989.

And Be It Further Resolved, that Article III, Section 5 (a) + (b) be amended as follows:

Section 5. Work Dues

(a.) In addition to any other dues provided for in these bylaws or required to be paid pursuant to the bylaws of the American Federation of Musicians, there shall be paid by all members on all musical engagements work dues in the amount of three and one-half percent (3.5%) of the minimum scales earned by such members on all such musical engagements. Work dues on engagements done under Federation negotiated Agreements covering services rendered for electronic media (recording, broadcasts, films, video, etc.) shall be four percent (4%) of the minimum scales earned by members on all such engagements which amount shall include the one and one quarter per-cent (1.25%) of scale wages due and payable by the Local to the Federation as Federation Work Dues for such electronic media services. A portion of the amount thus collected by the Union equivalent to one-quarter of one percent (0.25%) of all scale earnings on which work dues are collected by Local 802 shall be placed in the Members Benefit Strike Fund where it shall be subject to the bylaws governing that fund. A further portion of the amount thus collected by the Union equivalent to one-quarter of one percent (0.25%) of all scale earnings on which work dues are collected by Local 802 shall be dedicated for use in Public Relations programs. Work dues payable by members on all income earned under Local 802 Agreements for work only as teachers shall be calculated at two 1.5 percent (2%) of the scale established by the collective bargaining agreement under which such teaching services are performed.

(b.) Work dues of three and one half 1 1/2 percent (3.5%) shall be paid by all officers of the Local, based on their salaries.

Submitted by the Local 802 Executive Board.

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RESOLUTION #3

Whereas the Local’s membership is best served by the greatest possible involvement of the rank and file in the Union’s business and,

Whereas the Union therefore has an obligation to facilitate the greatest possible involvement of the rank and file in its affairs and,

Whereas by creating an electoral process that provides significant and equal access to the electoral process for any qualified member, the Local will encourage the greatest possible involvement of the rank and file in the Union’s business,

Therefore be it resolved that:

Article VI, Section 7 be amended as follows:

One hundred (100) members in good standing may nominate candidates. Such nominations must be on a form provided by the Recording Vice-President in accordance with Section 6, above, and must be filed with the Recording Vice-President of the Local on or before October 15th of the election year and accompanied by the signed acceptance of the nominee. Each candidate shall submit at the same time their individual biography and a statement of policy or point of view regarding their service to the membership that altogether contains a maximum combined total of one thousand (1000) words together with, should the candidate so choose, a photograph of the candidate. Statements and photographs must conform to the accepted standards of taste of the Local’s Journal. The Recording Vice-President of the Local shall publish this information for each office in alphabetical order of the eligible candidates last names in a single publication and distribute it to all members in good standing by the end of the second week of November of each election year. Effective January 1, 1993, the nominee shall indicate on his/her nominating petition whether or not he/she is willing to accept appointment by the Executive Board to a full-time directorship pursuant to Article I, Section 5(gg), and such information shall be reflected on the election ballots in a manner to be determined by the American Arbitration Association. Also effective January 1, 1993, the Executive Board shall appoint any elected candidate for President who had expressed willingness to accept such appointment on his/her nominating petition to the position of executive director and any elected candidate for Recording Vice-President or Financial Vice-President who had expressed willingness to accept such appointment on his/her nominating petition to a position as assistant director.

Submitted by Clay Ruede (RO6145)

The Executive Board reports this resolution unfavorably. The Board was not opposed to the apparent spirit of the proposal in providing a forum for candidates but found the language too restrictive.

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RESOLUTION #4

Whereas the Local’s membership is best served by the greatest possible involvement of the rank and file in the Union’s business and,

Whereas the Union therefore has an obligation to facilitate the greatest possible involvement of the rank and file in its affairs and,

Whereas by creating an electoral process that requires any candidate for the policy setting branch of the Local’s administration to be an active member of the rank and file, the Local will fulfill the obligation to facilitate the greatest possible involvement of the rank and file in its affairs,

Therefore be it resolved that:

Article VI, Section 4 be amended as follows:

That the current Section 4 be renumbered as Section 4. (a), and amended with a new section

(b) In order to be eligible to run for the Executive Board, a member must have been eligible to vote on the ratification of any Collective Bargaining Agreement in the Local’s jurisdiction during the previous six years.

Submitted by Clay Ruede (RO6145)

The Executive Board reports this resolution unfavorably. The Board found that this resolution represents an undue restriction on members who may wish to run for union office, and thereby affect union policy. In addition, it is the opinion of Local 802 legal counsel that this resolution would improperly limit the statutory rights of members to run for union office and would not be upheld if challenged.

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RESOLUTION #5

Whereas the Local’s membership is best served by the greatest possible involvement of the rank and file in the Union’s business and,

Whereas the Union therefore has an obligation to facilitate the greatest possible involvement of the rank and file in its affairs and,

Whereas through the creation of an electoral process that requires that an eligible voter be an active member of the rank and file, the Local will make significant progress in fulfilling this obligation to facilitate the greatest possible involvement of the rank and file in its affairs,

Therefore be it resolved that:

Article VI, Section 8 (a) be amended as follows:

In order to be eligible to vote in the election of officers, a member must have been eligible to vote on the ratification of any Collective Bargaining Agreement in the Local’s jurisdiction during the previous six years and have paid his or her dues due for the third quarter of the election year on or before September 30th of that year, or on or before the first business day following September 30th in the event that that date is a Saturday, Sunday, or other day on which the Local is not open for business.

Submitted by Clay Ruede (RO6145)

The Executive Board reports this resolution unfavorably. The Board found that it would be inappropriate to deprive members in good standing of the right to vote in their union elections. In addition, it is the opinion of Local 802 legal counsel that this resolution would improperly limit the statutory rights of members to vote in union elections and would not be upheld if challenged.

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RESOLUTION #6

Whereas the objective of this association is to conserve and promote the welfare of its members and to advance and protect their interests and,

Whereas the Union therefore has an obligation to continue to evolve as a professional organization in order to achieve these objectives and,

Whereas the Local must adapt in order to meet the demands of the changing marketplace in which its rank and file perform their services and,

Whereas by honoring the structure that is provided for in the bylaws in Article I, Section 5 (gg), the Local will provide a more professional administration capable of dealing as effectively as possible with a rapidly changing marketplace ,

Therefore be it resolved that:

The Constitution, Section 3 be amended as follows:

Effective January 1, 2004, the office of President shall convert to that of Executive Director, and the office of Financial Vice-President shall convert to that of Financial Officer, and the office of Recording Vice-President shall convert to that of Administrative Secretary. Each of these offices will perform those same functions and at the salary as their predecessors, or have their duties and salaries modified by the Executive Board. Henceforward, the Executive Board will appoint these positions in accord with the provisions of Bylaw Article I, Section 5 (gg), and these will no longer be elected offices.

The officers of the Association shall consist of:

(a) Eleven Executive Board Members,

(b) Nine Trial Board Members

(c) Such Delegates as are prescribed by the Bylaws of this Association.

This Association shall be governed and its affairs conducted by an Executive Board of Eleven Members. The powers and authority of such officers shall be specified in the Bylaws.

Be it further resolved that:

The Constitution, Section 4 be amended as follows:

The Executive Board shall elect one of its members to serve as chair. Elections for all officers of the Local shall be held in December of each third year. Terms of office for all officers shall be three years, commencing January 1, next ensuing election.

Be it further resolved that:

All sections of the Constitution and Bylaws shall be modified to agree with the changes in the Constitution, Section 3 as amended above, ie. , the office, title, and responsibilities of the former office of the President shall be renamed the Executive Director; the office, title, and responsibilities of the former office of the Financial Vice-President shall be renamed the Financial Officer, and the office, title, and responsibilities of the former office of the Recording Vice-President shall be renamed the Administrative Secretary.

Submitted by Clay Ruede (RO6145)

The Executive Board reports this resolution unfavorably for the following reasons:

1. This measure would remove the democratic power of the membership to choose the top leadership of Local 802 and place this power in the hands of 11 elected executive board members.

2. This resolution would mandate the removal of the full-time elected officerships in the local’s administration. A similar option in our current bylaws presently allows for part-time top officers working with hired executive directors but on a case-by-case basis and subject to the choice of the members voting in each election.

3. Any such drastic change in the union’s administrative structure could only go into effect in the 2006 election of officers so there would be ample time to explore these possibilities over the next three years.