Allegro

Trial Board Minutes

Volume 118, No. 9September, 2018

Case # 943: Bryla-Weiss vs. Chung (C-07963), filed Feb. 2, 2018.

Trial Board convened four times for this case, as follows:

Wednesday, April 11, 2018: Meeting called to order at 1:15 p.m. by Chairperson Blanc. Present: Blanc, Eidem, Gorruso, Lorentsen, Moschel, Moye, Rubenstein, and Shulman. (Absent: Willis). (Adjourned 5:20 p.m.)

Friday, May 11, 2018: Meeting called to order at 12:00 noon by Chairperson Blanc. Present: Blanc, Gorruso, Lorentsen, Moschel, Moye, Rubenstein, Shulman, and Willis. (Absent: Eidem). (Adjourned 5:00 p.m.)

Wednesday, June 4, 2018: Meeting called to order at 1:15 p.m. by Chairperson Blanc. Present: Blanc, Eidem, Gorruso, Lorentsen, Moschel, Moye, Rubenstein, and Shulman. (Absent: Willis). (Adjourned 5:40 p.m.)

Wednesday, June 20, 2018: Meeting called to order at 1:15 p.m. by Chairperson Blanc. Present: Blanc, Eidem, Gorruso, Lorentsen, Moschel, Moye, Rubenstein, and Shulman. (Absent: Willis). (Adjourned 4:00 p.m.)

Defendant charged with violation of Bylaws Article IV Section 1 (i) to fail to comply with the instructions of the Executive Board, or any other proper authority of the Local; Article IV Section 1 (k) to violate or to fail to comply with, or to cause or induce or advise anyone else to violate or fail to comply with, the Constitution or Bylaw or the Wage Scales contained in Article IX as the same now exist or as they may be hereafter enacted, changed or amended; Article IV Section 1 (cc) to procure or attempt to procure any engagement by bringing outside persuasion to bear upon the Leader (Personnel Manager); Article IV Section 1 (gg) to commit any act tending to injure the reputation of a fellow member in relation to his/her calling as a musician; Article IV Section 1 (ii) to commit any act of bad faith or unfair dealing which has for its purpose the injuring of the Local or any of its officers or members, or the American Federation of Musicians, its locals or the officers and members thereof, respecting the affairs and welfare of the Local or the American Federation of Musicians or any of its affiliated locals, or respecting in general the welfare of the musical profession; Article IV Section 1 (mm) to make, publish, or cause to be published any false statement tending to injure the Local in relation to the musical profession, its members or its officers in their calling as musicians; Article IV Section 1 (nn) to disseminate, directly or indirectly, in writing or orally, any statement which tends to and/or does create a feeling of hatred among the membership, or against a group of members, because of a difference of race or religious faith; Article IV Section 1 (uu) to directly or indirectly practice discrimination in any form on account of race, religion, age, political affiliation or persuasion, national origin or ethnic background, color, sex or sexual preference, or against any other protected class under Federal, State or Municipal law, especially but not by way of limitation in regard to contracting, hiring, booking, securing engagements, terms of employment or otherwise; Article IV Section 7 No member shall be held answerable for any political, economic, social or religious views which he/she may or may not hold, and nothing herein contained shall be deemed to abridge the right of all members to freely express themselves on any matters properly before the Local or any committee or board or officer thereof, it being expressly provided that the right of free speech, free press and free assemblage of the members of this Local shall never in any wise be abridged.

Plaintiff and Defendant were present to introduce case, exhibits, and their testimony; witnesses were present to give testimony and be questioned. Board deliberated with these results: Defendant found guilty as charged in regard to IV Section 1 (gg) and (mm); charges in regard to Article IV Section 1 (i), (k), (cc), (ii), Section 7 were dismissed.

Charges in regard to Article IV Section 1 (nn) and (uu), as per direction of the 802 Executive Board and 802 Counsel, were excluded from this case at the present time because they are likely to be pursued under civil authority. Depending on the outcome there, (nn) and (uu) charges might later be considered by the Trial Board. For the guilty verdicts on bylaws (gg) and (mm), Board to issue written reprimand to Defendant; also, Defendant is assessed a $500 fine.