On Oct. 23, 2012, the Local 802 Executive Board unanimously voted
to place Numinous Music on the Local 802 Unfair List. Local 802 members may not
play for Numinous Music without risking penalties. Below is an explanation of
the Local 802 Unfair List, which was also printed in the July/August 2012 issue
The purpose of the Local 802 Unfair List is to let our members know
about employers who treat musicians unfairly, using the following criteria.
Employers will be placed on the Local 802 Unfair List when a
primary labor dispute exists between the union and an employer. Such disputes
1) Lawful strikes in support of the union’s bargaining demands
or demands for union recognition;
2) Employer-initiated lockouts of musicians represented by the
AFM or any of its locals;
3) Union protests against employer unfair labor practices.
An employer that is openly anti-union but is not the subject of
concerted activity by the union will not be placed on the Local 802 Unfair List.
An employer placed on the Local 802 Unfair List will remain on the
list only as long as a primary labor dispute exists, and the local provides
written evidence of ongoing concerted activity against the employer.
Local 802 will publish the names of employers that are removed from
the Local 802 at the time of removal.
Members are reminded that, in accordance with Article 4, Section 1,
Paragraph F of the Local 802 Bylaws, members shall not “render services or
contract to render services in any place or for any employer declared unfair by
the Executive Board of this Local, or the President or International Executive
Board of the American Federation of Musicians.”
Also, according to Article 4, Section 9, members who violate the
bylaws are subject to review by the Trial Board and, if found guilty, may suffer
one or more of the following penalties:
(a) a fine not to exceed $5,000;
(b) termination of membership or expulsion from Local 802;
(c) the imposition of such other or additional penalties,
conditions and provisions as the Trial Board or the Executive Board may deem
necessary or desirable.
Members who believe that a particular employer should be on the
Local 802 Unfair List should call the president’s office at (212) 245-4802.