Trial Board Minutes

Volume CIV, No. 6June, 2004

MONDAY, APRIL 26, 2004

The Trial Board of Local 802, AFM, convened on April 26, 2004. Meeting called to order at 11 a.m. Local 802 President David Lennon officiated at the swearing in of newly elected Trial Board members Anixter, Goletz, Koch, Price, Ray, Roberts, Rohdin, Schwartz, Singer. All members present. Election of Trial Board officers: Rohdin, Chair; Schwartz, Clerk.

Case # 930: Plaintiff Wallace Kramer appeared before the board to present charges against John Palatucci. Member Kramer was accompanied by Sondra Gabe, member, Board of Directors, The Goldman Memorial Band, who offered testimony on behalf of member Kramer. Member Palatucci appeared with counsel James M. Mets, Esq., Mets & Schiro, LLP, and member Mark Heter. Member Heter, Secretary for The Goldman Memorial Band, spoke as counsel on behalf of member Palatucci, Palatucci remaining silent.

Member Palatucci was charged with violating Article IV, Section 1, Paragraphs (gg) and (ii) of the bylaws of Local 802, (gg) relating to acts injurious to the reputation of a fellow member’s calling as a musician and (ii) relating to acts of bad faith or unfair dealing whose purpose would be injurious to the member, Local 802, the AFM, and in general the welfare of the musical profession.

After hearing testimony and reviewing submitted documentation and position statements a motion was made and the Trial Board unanimously agreed to suspend deliberation pending a review of said documents by Local 802 counsel Harvey Mars, Esq., in relation to the jurisdiction of the Trial Board in cases concerning, in part, intra-management matters.

Meeting adjourned at 2 p.m., pending continuation.

Case # 930, continued. The Trial Board re-convened on May 1, 2004. Meeting called to order at 11 a.m. All members present. The board received and reviewed a memo from Local 802 counsel Harvey Mars, Esq., delivered in response to queries from the board in relation to the case. After review and deliberation the Trial Board unanimously agreed that, per Article V, Section 4, Paragraph (a)(4), the case was not within the jurisdiction of the board, and should be decided by a judicial or administrative body outside the Local. Case dismissed on said grounds.

Other business: Trial Board member Anixter submitted a copy of a letter announcing his resignation from the board, addressed to Local 802 administration, and stating the potential for conflicts of interest with his professional activities. Accepted with regret by the Trial Board. Replacement pending review by the Executive Board, Local 802.

Meeting adjourned at 12:15 p.m.