TUESDAY, JULY 9, 2002

Meeting called to order at 11:30 a.m. Present: President Moriarity, Executive Board members Crow, Gale, Giannini, Landolfi, Reynolds, Rohdin and Shankin, Controller Bogert, Assistant to the President Dennison, Assistant Director Lennon, Assistant Supervisor of National Contracts Schaffner. Recording Vice-President Price excused for medical reasons. Financial Vice-President Hafemeister excused while on vacation. Bogert took minutes of the meeting.

President Moriarity presented requests from two members for reimbursement of expenses, totaling $252.95, incurred in the course of the recently-concluded Metropolitan Opera Extra and Associate Musicians contract. Motion made and carried unanimously to approve, subject to receipt of documentation, which was lacking in support of one of the reimbursements.

Moriarity presented a request for a contribution to the re-election campaign of New York State Senator Eric Schneiderman. Motion made and carried unanimously to approve a contribution from TEMPO802 to Friends of Schneiderman in the amount of $500.

Board member Weiss present at 11:40 a.m.

Moriarity distributed a seven-year summary of Local 802 General Fund financial data. Bogert discussed the overall content of the summary and Schaffner discussed details relating to the recording field. Discussion held, after which Schaffner was thanked and excused.

Assistant Director Lennon presented a proposed addendum to recording language for inclusion in the scale sheets for non-signatory single engagement classical/ballet/opera wage scales and conditions. Discussion held, during which he was instructed to have the proposal reviewed by legal counsel.

Moriarity presented a list of reimbursements to eight committee members for expenses incurred during various contract negotiations, totaling $1,431.22. Discussion held, during which it was agreed that, in future, the board’s consideration of such reimbursements would be conditional on prior approvals by the relevant committee chairs. Motion made and carried unanimously to approve the foregoing reimbursements.

Moriarity distributed for the board’s information a Summary of Tax Relief Allocation Percentages for the American Federation of Musicians and Employers’ Pension Fund. The Tax Relief Allocation consists of the money from Broadway box office income that is used to provide pension contributions for Broadway musicians. It is often referred to as the .045 monies.

Moriarity presented a request to provide Plan A Health Benefits Plan coverage to a rank-and-file Health Benefits Plan Trustee who currently has Plan B coverage. Motion made to grant Plan A Health Benefits Plan coverage to any rank-and-file musician who is a Health Benefits Plan Trustee. Discussion held. Motion carried. Opposed: Giannini, Landolfi, Rohdin.

Meeting adjourned at 1:30 p.m.

TUESDAY, JULY 16, 2002

Meeting called to order at 11:20 a.m. Present: President Moriarity, Recording Vice-President Price, Executive Board members Crow, Gale, Landolfi, Reynolds, Rohdin and Shankin, Controller Bogert, Assistant to the President Dennison. Financial Vice-President Hafemeister and board member Giannini excused to attend to union business. Bogert took minutes of the meeting.

July 2 minutes unanimously approved as amended. Board member Weiss present during the foregoing.

Price distributed for the board’s information a list of leaves of absence recently granted by his office.

Moriarity reported that a communication had been received from the producers of a show entitled Imaginary Friends, requesting that it be treated as a dramatic show. Discussion held. Moriarity will read the script of the show and listen to the CD of its music, both provided by the show’s producers, and report back to the board with his recommendation for a response.

Weiss excused at 12:05 p.m.

Moriarity reported that it is necessary for the board to select five individuals to exercise the five votes available to Local 802 for future Tony award balloting. Discussion held. Moriarity will prepare a recommendation for the board’s consideration.

Organizing Director Eisman and Organizer Charles appeared before the board to present the background for a grievance against the employer for the show Salute to Vienna, for the payment of musicians’ wages, pension benefits, health benefits and work dues for a Jan. 1, 2002, performance. Included among the materials distributed by Eisman and Charles was a copy of a letter to the employer dated July 2, 2002, sent by certified mail with a signed receipt, inviting him to attend the board’s July 16 meeting. The employer did not respond to the letter or attend the meeting. Discussion held.

Motion made that, whereas the board has examined the foregoing case, found that it has merit, and that the amounts demanded are indeed due from the employer, therefore the union will proceed to arbitration as provided in the collective bargaining agreement signed by the employer. Motion carried unanimously.

Meeting adjourned at 12:50 p.m.

TUESDAY, JULY 23, 2002

Meeting called to order at 11:25 a.m. Present: President Moriarity, Recording Vice-President Price, Financial Vice-President Hafemeister, Executive Board members Crow, Gale, Giannini, Landolfi, Rohdin, Shankin and Weiss, Controller Bogert, Assistant to the President Dennison.

Minutes of July 9 and July 16 unanimously approved as amended.

President Moriarity reported on the AFM Film agreement. This agreement had not been finalized pending results of a research study that the motion picture producers had initiated to determine any issues that might arise from making pension contributions on musicians’ distributions from the Motion Picture Special Payments Fund. The study’s projections indicated that these contributions and the resulting benefit obligation would cause an excessive financial drain on the pension fund. The pension clause on Special Payments was withdrawn and the agreement, with that provision removed, will be sent out for ratification to eligible musicians. Reynolds present at 11:35 a.m. during the foregoing discussion.

Moriarity reported that the AFM Pamphlet B agreement for touring theatrical productions had been sent out to eligible musicians for ratification.

Moriarity reviewed the memorandum of agreement for a foreign symphonic tour of the Metropolitan Opera Extra and Associate Musicians. He discussed the contract’s details and the specific negotiations that had resulted in the agreement. He noted that, since the bylaws of this bargaining unit prevent ratification outside the regular season, the tentative agreement will be implemented by management only upon approval by the Executive Board, recommendation by the orchestra negotiating committee, and Moriarity’s personal recommendation to the bargaining unit at ratification. Motion made and carried unanimously to approve.

Moriarity reviewed a management request to designate a work entitled Imaginary Friends as a play. Moriarity reported that he had read the script and listened to the demo CD of the songs. He noted that both the Dramatists’ Guild and Actors’ Equity had accepted the designation of this work as a play. Discussion held on the relationship between the work’s dialogue and its musical content. The demo record was played for the board’s information. Further discussion ensued.

Motion made and carried unanimously to approve designating Imaginary Friends as a play, provided that the proportion of music to running time is not significantly changed and that the work is not ultimately eligible for nomination as a musical for the Tony Awards.

Senior Business Rep Donovan appeared before the board to submit a contract with the Roundabout Theatre Company for all musicians employed at the American Airlines Theatre and Studio 54 Theatre. Donovan reviewed the contract’s terms and conditions. Discussion held. Motion made and carried unanimously to approve.

Legislative Director Beaudoin appeared before the board to discuss political contributions. She distributed information regarding TEMPO802 receipts and donations for 2001 and 2002. Beaudoin discussed various candidacies and requests for donation and recommended the following:

Motion made and carried unanimously to contribute $500 from TEMPO802 to Alan Hevesi, candidate for NYS Comptroller.

Motion made and carried unanimously to purchase one ticket at $500 from TEMPO802 to the NYS Federation of Labor COPE (Council on Political Education) Day at the Races.

Motion made and carried unanimously to purchase two tickets at $100 each, for a total of $200, from TEMPO802 to a birthday fund raiser for Congressmember Charles Rangel, provided that a union contract is filed for the musicians who perform at the event.

Price distributed to the board a list of Broadway musicians for whom he had granted leaves of absence.

Meeting adjourned at 1:30 p.m.

TUESDAY, JULY 30, 2002

Meeting called to order at 11:35 a.m. Present: President Moriarity, Recording Vice-President Price, Executive Board members Crow, Giannini, Landolfi, Rohdin and Shankin, Controller Bogert, Assistant to the President Dennison, Assistant Director Lennon. Financial Vice-President Hafemeister excused while on vacation.

President Moriarity reviewed the strike by musicians of the Mostly Mozart orchestra at Lincoln Center. He discussed various proposals made by the union in the course of negotiations. Assistant Director and Concert Supervisor Lennon continued the discussion of Mostly Mozart. Board member Gale present at 11:40 a.m. and board member Weiss present at 11:45 a.m. during the foregoing discussion.

Discussion held on strike benefits to be paid to musicians of the Mostly Mozart orchestra. Motion made and carried unanimously to approve payment of $150 per musician per week for strike benefits, provided picketing services are satisfied through the committee.

Motion made and carried unanimously to pay $150 per musician per week for members of the Philharmonic Baroque Orchestra, based in San Francisco, provided that orchestra’s musicians refuse to cross the picket line.

Motion made and carried unanimously to approve payment of $100 for a partial week’s schedule for each musician in the Scottish Chamber Orchestra and the Orchestra of the Age of Enlightenment for honoring Mostly Mozart picket lines and thereby missing concerts.

Motion made and carried unanimously to pay $100 per musician per concert for any other orchestra scheduled to perform that honors the picket line.

Lennon announced that picketing would take place at Lincoln Center on July 30-31 and Aug. 2-3. Lennon excused at 12:40 p.m.

Controller Bogert distributed June vouchers.

Business Rep Delia appeared before the board to submit a memorandum of agreement with the Henry Street Chamber Opera. Motion made and carried unanimously to approve.

Meeting adjourned at 1:00 p.m.

TUESDAY, AUGUST 6, 2002

Meeting called to order at 11:23 a.m. Present: President Moriarity, Recording Vice-President Price, Financial Vice-President Hafemeister, Executive Board members Crow, Gale, Giannini, Landolfi, Reynolds, Rohdin and Shankin, Controller Bogert, Assistant to the President Dennison, Assistant Director Lennon.

Minutes of July 23 and July 30 approved as amended.

Board member Weiss present at 11:35 a.m.

Price submitted a request from the NY Grand Opera Co. to approve the videotaping of a 30-minute segment for publicity purposes, with a maximum of three minutes to be shown on Canadian TV. The segment would be taped at rehearsals on Aug. 6 and 7 and the performance of Aug. 8. Extensive discussion ensued. It was noted that a previous similar request by A&E TV had been denied. Motion made and carried unanimously to deny the request.

Assistant Director Lennon distributed the memorandum of agreement for the Mostly Mozart series. Its terms and conditions were reviewed by Lennon before a discussion ensued. Motion made and carried unanimously to affirm the telephone poll in which the board approved the memorandum of agreement.

For the board’s approval, Lennon distributed new recording language for the Single Engagement Classical Wage Scales and Conditions. This language had been approved by legal counsel. Motion made and carried unanimously to approve.

An inquiry was made by a board member who noted that Single Engagement Club Date Scales are not posted on the Local 802 web site. After discussion it was decided to continue the current practice.

Organizing Director Eisman and Senior Business Reps Elsila and Voccola present at the board to inform the board about the organizing campaign which had resulted in the Nafshenu Orchestra signing the Orthodox Club Date agreement. This successful organizing drive was a joint effort of the Organizing and Contract Administration departments. Eisman, Elsila and Voccola excused.

Senior Business Rep Donovan appeared before the board to submit a contract with Piglet, L.L.C., c/o Eric Krebs Productions, Inc. for the production of Little Ham at the John Houseman Theatre. Motion made and carried unanimously to approve.

Motion made and carried unanimously to approve the June 2002 vouchers.

Controller Bogert submitted a list of four supervisory employees who are due for salary adjustments. Motion made and carried to approve. Opposed: Landolfi.

Price distributed to the board a list of Broadway musicians for whom he had granted leaves of absence.

Meeting adjourned at 1:30 p.m.

TUESDAY, AUGUST 13, 2002

Meeting called to order at 11:25 a.m. Present: President Moriarity, Recording Vice-President Price, Financial Vice-President Hafemeister, Executive Board members Crow, Gale, Giannini, Landolfi, Reynolds, Rohdin and Shankin, Controller Bogert, Assistant to the President Dennison, Assistant Director Lennon.

A discussion was held on Local 802 coverage in the press during the Mostly Mozart strike. It was noted that the story had been covered by all the major newspapers, TV stations and news wire services. Board member Weiss present at 11:35 a.m. during the foregoing discussion.

Assistant Director Lennon distributed a side letter to the American Symphony Orchestra agreement regarding the Bard Music Festival. Lennon reviewed the terms and conditions, which pertained to the wages, pension and rehearsal payment. The terms of the side letter are subject to approval by the board and ratification by the musicians. Discussion held. Motion made and carried unanimously to approve.

Lennon submitted a compensation request for two Mostly Mozart committee members who each missed two Broadway shows during the strike: Martin Agee for $452.82 and Stephanie Baer for $370.82. Motion made and carried unanimously to approve.

Organizing Director Eisman appeared before the board to report that the NLRB had ruled in the union’s favor to allow the complete faculty of the Elaine Kaufman Cultural Center – including both the Lucy Moses School and the Special Music School of America – to vote on union representation. Discussion held.

Eisman submitted an evaluation of organizer Summer Smith’s work and recommended that she be advanced to Senior Organizer with the commensurate salary adjustment. Discussion followed. Motion made and carried unanimously to approve.

President Moriarity reported that legal counsel Leibowitz was ill and would not attend the AFM Unity Conference in Ottawa, Canada.

Minutes of Aug. 6 unanimously approved as amended.

Financial Vice-President Hafemeister distributed a pamphlet funded by the Coordinating Advisory Committee to acquaint purchasers of orchestrations and copying with information about Music Preparation Services. Several Local 802 orchestrators and music preparation personnel contributed to the project.

Controller Bogert distributed vouchers for July.

Moriarity submitted a request and recommendation that Local 802 endorse Kevin Parker for NYS Senate in the newly created 21st Senatorial District in the Flatbush and Midwood sections of Brooklyn. Motion made and carried unanimously to endorse Parker.

Moriarity submitted a memorandum of agreement with the NYC Opera for assistant conductors. Discussion held. Motion made and carried unanimously to approve the contract, subject to ratification and the provision that future negotiations may take place only with 802’s involvement.

Assistant to the President Dennison distributed an agreement with Inside Broadway. Discussion held. Motion made and carried unanimously to approve.

Dennison distributed a letter from the Labor Voices/Labor TECH conference committee along with the board of The Working Theatre outlining a conference on labor and new technology and focusing on Broadway. Discussion held to consider a request for financial assistance to hire musicians for the conference. It was noted that, in accordance with union bylaws, the maximum contribution is $250. Motion made and carried unanimously to contribute $250 to the conference.

Price distributed to the board a list of Broadway musicians for whom he had granted leaves of absence.

Meeting adjourned at 1:05 p.m.