Allegro
Executive Board Minutes
October 20, 2015 - Bylaw Amendments
Volume 115, No. 12December, 2015
Special note: the previous issue of Allegro ended with the minutes of
Aug. 4, 2015. However, instead of starting below with the minutes of Aug. 11, 2015, we are printing the minutes of Oct. 20, 2015 in order to fulfill the requirement of publishing new bylaw amendments without delay. The minutes of Aug. 11 and later will resume in the next issue.
The minutes below contain the official notice of four new bylaw amendments.
TUESDAY, OCTOBER 20, 2015
Meeting called to order at 11:08 a.m. by Financial Vice President Olcott. Present: Olcott, Recording Vice President O’Connor, Executive Board members Brandford, Cranshaw, Cutler, Dougherty, Hyde, Kruvand, Sharman. Minutes from October 13, 2015 reviewed. It was moved and seconded to approve the minutes from October 13, 2015 as corrected. Motion carried unanimously.
Financial Vice President Olcott reported on New York Pops negotiations. Olcott reported on Westchester Philharmonic matters. Discussion held. President Gagliardi and Assistant to the President Bond present at 11:17. Gagliardi assumed the chair.
President Gagliardi presented applications for the American Federation of Musicians Diversity Awards. Discussion held.
Gagliardi reported on an unfair labor practice filed against Local 802 by the Organization of Union Representatives (OUR). Discussion held. Gagliardi reported on OUR negotiations.
Gagliardi reported on two settlement agreements with the Broadway League. Gagliardi reported on the New York City Opera.
Recording Vice President O’Connor reported on negotiations with Jazz at Lincoln Center. Discussion held. O’Connor reported on Hotel Agreement matters. Discussion held.
Local 802 member and Westchester Philharmonic contractor Jon Taylor present. Taylor reported on wages and benefits owed by the Westchester Philharmonic. Discussion held. Taylor excused.
It was moved and seconded to adopt the following amendment to the bylaws, as published in Allegro and in accordance with Article VIII, Section 4 of the Bylaws:
(Note: underline denotes added language. Strikethrough denotes deleted language.)
Article VI, Section 1
Beginning with the election held in 1994 the election of officers, officials, Executive and Trial Board members and Delegates shall be held by a secret-ballot vote of the membership to be held on a date within the first week of December of each third year, and said date shall be designated by the Executive Board on or before September 15th of such year. In-person voting shall be conducted at the Local’s New York and Long Island offices, and beginning with the election held in 2009, the administration of Local 802 shall arrange for an in-person voting site at a location within or adjacent to the Lincoln Center for the Performing Arts, Inc. complex. Members eligible to vote who make written request for absentee mail ballots on or before October 15th of each election year may cast such ballots which must be received no later than the date designated for in-person voting. The term of office shall be for three years and all candidates who receive a plurality of all votes cast for an office shall be declared elected. Election of officers and members of the Executive Board shall constitute their simultaneous election as officers and members of the board of directors of the Greater New York Musicians’ Club Corporation.
Motion carried unanimously.
It was moved and seconded to adopt the following amendment to the bylaws, as published in Allegro and in accordance with Article VIII, Section 4 of the Bylaws:
Article III, Section 7. Special Projects Fund.
(a) There shall be a Special Projects and Services Fund of this Local separate and apart from the General Fund.
(b) Three-quarters percent (.75%) of the annual dues realized by the Local pursuant to Section 2 of this Article shall be allocated to the Special Projects and Services Fund.
(c) The Special Projects and Services Fund shall be administered by the Executive Board of this Local and the Coordinating Advisory Committee to the Special Projects and Services Fund. The Coordinating Advisory Committee shall be composed of representatives of all duly recognized rank-and-file committees, to be selected annually by the President of this Local at the beginning of each new term of office as defined in Article VI, Section 1 of these Bylaws, from nominees submitted by each of the above-mentioned committees. (For the purposes of this Bylaw, a “duly recognized” committee shall be one that either assists the Union in negotiating and/or administering a collective bargaining agreement with an employer or group of employers, or furthers the purposes of the Special Projects and Services Fund as stated in subsection (d) of this Section or the objects of this Association as stated in Section 2, paragraphs (a) and (b), of Local 802’s Constitution. Any exceptions or disputes regarding what is or is not a duly recognized committee shall be resolved by majority vote at a joint meeting of the Executive Board and the Coordinating Advisory Committee.) Lists of nominees shall be submitted by the rank-and-file committees to the Recording Vice-President on or before January 15th of each year, and the President shall select the Coordinating Advisory Committee from said lists and shall convene the newly selected committee on or before February 15th of each year. Said lists shall also be used for the filling of any vacancies which may occur on the Coordinating Advisory Committee. The Executive Board and the Coordinating Advisory Committee shall meet jointly whenever it is necessary to make a binding decision regarding the Fund, with thirteen (13) votes being allocated to the Coordinating Advisory Committee and thirteen (13) votes to the Executive Board. In order that the Coordinating Advisory Committee and the Executive Board may each always have 13 votes (except as noted below), each member of the committee and each member of the board except the President, shall have, regardless of the number of members present at the meeting, a vote that is the equivalent of a fraction, the numerator of which is 13 and the denominator of which is the number of members present from his/her respective body, except that the number of members present from the Executive Board shall not include the President, who shall be permitted to vote only for the purpose of breaking a tie.
Motion carried unanimously.
It was moved and seconded to adopt the following amendment to the bylaws, as published in Allegro and in accordance with Article VIII, Section 4 of the Bylaws:
Article III, Section 9. Emergency Relief Fund
An Emergency Relief Fund shall be established to provide assistance to members in dire need, such fund to be financed by various fundraising activities and contributions but not to use any monies from the General Fund of the Local, and money from the General Fund may be used for promotion and/or financing of fundraising activities for the Emergency Relief Fund. The Emergency Relief Fund shall publish financial reports semiannually in the official Journal of this Local.
Motion carried unanimously.
It was moved and seconded to adopt the following amendment to the bylaws, as published in Allegro and in accordance with Article VIII, Section 4 of the Bylaws:
Article III, 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 and one-half percent (4.5%) of the minimum scales earned by members on all such engagements, except as follows: sound recordings: four and one-quarter percent (4.25%, demo recordings: four percent (4%), theatrical and low budget motion picture: four and one-quarter percent (4.25%), incidental theatrical: four and one-quarter percent (4.25%), limited pressing: four percent (4%), which amounts shall include the appropriate percentage of scale wages due and payable by the Local to the Federation as Federation Work Dues as provided for in Article 9, Section 32(b) of the Federation Bylaws for such electronic 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 and recording studio engineers shall be calculated at two percent (2%) of the scale established by the collective bargaining agreement under which such teaching services are performed.
Motion carried unanimously.
Discussion held on Coordinating Advisory Committee (CAC) reimbursements.
Electronic Media Services Representative Sheldon present. Sheldon presented a Limited Pressing Agreement (LPA) with Sh-K-Boom for “First Daughter Suite.” Discussion held. Sheldon excused. It was moved and seconded to approve the LPA with Sh-K-Boom. Motion carried unanimously.
O’Connor presented two requests for leaves of absence from Broadway musicians. It was moved and seconded to approve the leaves of absence. Motion carried unanimously.
Meeting adjourned at 12:46 p.m.