Bylaw resolution

The following bylaw amendment was proposed by Executive Board member Caryl Paisner to be presented at the February 2022 membership meeting.

The proposed bylaw language is below followed by an explanation submitted by Caryl Paisner.

At the Executive Board meeting of Nov. 30, 2021, a majority of Executive Board members voted to recommend the amendment for consideration of the members at the February membership meeting, with Lynne Cohen, Karen Fisher, Andy Schwartz and Bobby Shankin opposed to the recommendation.

Article I, Section 5c

Bylaw as written in 1994:

Each member of the Executive Board shall receive $150 for each board meeting attended. The Executive Board shall meet no more than 104 times a year. Members of the Executive Board shall be permitted to accept any professional engagement, except standby, understudy or other non-playing engagement, but not to act as contractor, leader or personnel manager during their terms of office. The acceptance of engagements as a solo performer without the accompaniment of other musicians shall not be construed as acting as a leader for the purposes of this paragraph. Members of the Executive Board who are designated to represent the local as principal negotiators of the terms and conditions of members’ employment as musicians, or who are appointed to supervise any department of the local that enforces and/or administers any agreements or wage scales governing such terms and conditions of employment, shall not be permitted to work as musicians.

Proposed bylaw changes in red:

Each member of the Executive Board shall receive $300 for each board meeting attended. The Executive Board shall meet no more than 104 times a year. Effective the week ending on or immediately after the first day of the year 2023 and of each succeeding year thereafter, the above rates of compensation shall be increased by the same percentage as the U.S. Department of Labor’s ‘All Urban Consumers’ price index for the New York metropolitan area shall have increased during the preceding November through October period. Members of the Executive Board shall be permitted to accept any professional engagement, except standby, understudy or other non-playing engagement, but not to act as contractor, leader or personnel manager during their terms of office. The acceptance of engagements as a solo performer without the accompaniment of other musicians shall not be construed as acting as a leader for the purposes of this paragraph. Members of the Executive Board who are designated to represent the local as principal negotiators of the terms and conditions of members’ employment as musicians, or who are appointed to supervise any department of the local that enforces and/or administers any agreements or wage scales governing such terms and conditions of employment, shall not be permitted to work as musicians.

EXPLANATION BY CARYL PAISNER

The Executive Board compensation was codified nearly three decades ago in the 1994 bylaws at $150 per meeting (Article I, Section 5c). The officers’ salaries were codified at the same time (Article I, Section 4) and includes a stipulation for a yearly increase in accordance with the Department of Labor’s “All Urban Consumer Price Index for the NY Metropolitan Area.” Since 1994, officers’ salaries have tripled, while Executive Board compensation has remained unchanged at $150 per meeting. In addition, the Executive Board bylaw states that there shall be no more than 104 Executive Board meetings per year. The Executive Board has only one meeting per week — with a few meetings during the year canceled for holidays — so there are less than 52 meetings per year. There is a very rare extra meeting. So, even in 1994, the budget was conceived to be up to $300 per week per Executive Board member, and that is the number used for the basis of this bylaw proposal. An increase in the $150 stipend is a worthy investment for the time and commitment of Executive Board members. Even this proposed amount doesn’t come close to what it would have been if the cost of living increase was included in the original 1994 language as it was for the officers and as it should have been. We need to invest in our Executive Board in order to foster greater involvement in our union by members of all ages, from all corners of our industry.

Many ask, what do Executive Board members do?

The Executive Board is the governing body of 802. It is the members’ voice for every major decision made, whether regarding policy or expense. The Executive Board meets weekly and strategically plans and approves all aspects of the business of 802, including contract negotiations, building operations, political endorsements, attracting new membership, and increasing work under contract. Certain actions required of the officers of the union can only be taken with the approval of the board. Executive Board members also serve on committees outside of weekly meetings (e.g. finance, politics, and diversity, to name a few), act as board representatives during contract negotiations, and are available at all times to hear concerns of members.

An unspoken issue that has come to light for our membership is that when elected, am Executive Board member can no longer work as a contractor, in-house contractor, or personnel manager, and must play union jobs exclusively. This requirement has the unintended consequence of excluding many terrifically qualified and enthusiastic members who work in diverse fields from running for the Executive Board. These members and their fields deserve representation and their contributions would be of great value to the membership. We must create a pathway for the Executive Board to represent all members, not just those working in the big orchestras and on Broadway. In order to attract a more diverse segment of the 802 population to serve on the Executive Board and be justly compensated (including indie, jazz and club date musicians, copyists, arrangers and orchestrators), this bylaw must be amended.

Please note that this change was proposed at the end of a three-year Executive Board term, before the election outcome was known. Any member who serves on the Executive Board deserves appropriate compensation for his/her/their service. This is a wrong that has stood for almost 30 years. Let’s rectify it.

— Caryl Paisner