NOTE: The Executive Board did not meet on April 6 or April 27

TUESDAY, APRIL 13, 2010

eeting called to order at 11:08 AM. Present: President Gagliardi, Financial Vice President Blumenthal, Recording Vice President O’Connor, Executive Board members Babich, Burridge, Hyde, Kruvand, Olcott, Schwartz, Sharman, Assistant to the President Donovan.

Recording Vice President O’Connor distributed minutes of March 30, 2010. It was moved and seconded to approve the March 30 minutes as corrected. Motion carried unanimously.

Discussion held on the use of cell phones for calls and texting during the Executive Board meeting.

Financial Vice President Blumenthal presented a request from a member of the Queens Symphony Orchestra to have the Union facilitate musicians’ donations to purchase an advertisement in the Queens Symphony benefit journal for the Symphony’s upcoming gala in order to maintain the anonymity of the musicians. Discussion held.

Discussion held on the letter to the American Federation of Musicians-Employers Pension Fund (AFM-EPF) trustees from the Local 802 Executive Board of March 30. It was moved and seconded to reconsider the motion of the meeting of March 30 to send a letter to the American Federation of Musicians and Employer’s Pension Fund trustees on behalf of the Local 802 membership regarding the timeliness of certain aspects of the implementation of the Rehabilitation Plan. (See minutes of 3-30-10.) Discussion held. Motion carried unanimously.

It was moved and seconded to rewrite the letter to the AFM-EPF trustees moved at the March 30 Executive Board meeting in order to express the feelings of the Executive Board in light of further developments arising from the membership meeting of April 7. Discussion held. Motion carried. Sharman opposed.

It was moved and seconded to donate $300 to U.S. Labor Against the War. Olcott excused. Discussion held. Motion carried. Burridge opposed. Olcott present.

It was moved and seconded to purchase a $400 quarter page ad in the Encore Community Services Annual Heart to Heart Awards Benefit program on May 4. Discussion held. Motion carried unanimously.

It was moved and seconded to purchase one $500 ticket to the Broadway League Gala on May 17. Discussion held. Motion carried unanimously.

Hyde excused. It was moved and seconded to purchase two $250 tickets to the New York City Central Labor Council Annual Awards Reception on June 1. Discussion held. Motion carried unanimously.

Hyde present. It was moved and seconded to purchase two $250 tickets to the 2010 Working Theater Awards Ceremony. Discussion held. Motion carried unanimously.

President Gagliardi reported on the Television and Radio Commercial Announcements Agreement negotiations. Discussion held.

1:04 Executive Board recessed for lunch. 2:11 Executive Board reconvened.

Olcott and Babich excused. Gagliardi continued his report on the Television and Radio Commercial Announcements Agreement negotiations.

It was moved and seconded to purchase two tickets for a total of $500 and be listed as a co-chair for the Theater Hall of Fame Fellowship Luncheon. Discussion held. Motion carried unanimously.

Assistant to the President Donovan distributed the “Are You 802?” recruitment pamphlet with suggestions of revisions for reprinting. It was moved and seconded to order 2,500 reprints of “Are You 802” for a cost of $4,950. Discussion held. Motion carried unanimously.

It was moved and seconded to spend up to $1,500 for Local 802 softball jerseys. Discussion held. Motion carried unanimously.

It was moved and seconded to purchase a $400 quarter-page ad in the New York Committee on Occupational Safety and Health journal for their awards ceremony on May 20. Discussion held. Motion carried. Burridge opposed.

Recording Vice President O’Connor distributed a letter from AFM President Lee responding to the letter sent by the Executive Board to President Lee regarding TV and Commercial Announcements Agreement negotiations (see minutes of 3/30.)

It was moved and seconded that Local 802 purchase a full-page ad in the AFM Convention journal for $400. Discussion held. Motion carried unanimously.

It was moved and seconded that Local 802 contract with Kaback Enterprises to do necessary cleaning of air conditioner coils for up to $3,650. Discussion held. Motion carried unanimously.

Discussion held on the Local 802 Limited Pressing and Demo agreements.

Discussion held on the protocol of polling Executive Board members by phone or e-mail.

Donovan reported on recent events with the show, “Tony and Tina’s Wedding.” Donovan reported on working conditions and safety issues at the show, “La Cage aux Folles.” Discussion held.

Meeting adjourned at 4:22.

TUESDAY, APRIL 20, 2010

Meeting called to order at 11:08 AM. Present: President Gagliardi, Recording Vice President O’Connor, Executive Board members Babich, Burridge, Dougherty, Olcott, Schwartz, Sharman, Assistant to the President Donovan. Financial Vice President Blumenthal excused for an arbitration.

Recording Vice President O’Connor distributed minutes of April 13, 2010. It was moved and seconded to approve the April 13 minutes as corrected. Motion carried unanimously.

President Gagliardi reported on the expired Local 802 Limited Pressing Agreement. It was moved and seconded to increase minimum scale wages for the Local 802 Limited Pressing Agreement (LPA) by 4.7%. Discussion held. Motion carried unanimously.

It was moved and seconded to increase the pension contribution of the Local 802 LPA by 4% and 9% respectively in acccordance with the rules and timelines set forth by the American Federation of Musicians-Employers Pension Fund (AFM-EPF) Pension Rehabilitation Plan of 2010. Discussion held. Motion carried unanimously.

It was moved and seconded that the Local 802 LPA for Off-Broadway cast albums may only be approved on a project by project basis. Discussion held. Motion carried unanimously.

It was moved and seconded that the Local 802 Executive Board use the guidelines for Off-Broadway cast albums referenced in the May 5, 2008 Memo adopted by the Executive Board in May 2008 for Off-Broadway cast albums. Discussion held. Motion carried unanimously.

It was moved and seconded that the “Overtime” provision of the Local 802 LPA for Off-Broadway cast albums referred to in Addendum “B”, Section I, C. be changed as follows: “Overtime shall be paid in units of one-half (1/2) hour or fraction thereof at a rate of time and one half two (2) times the basic hourly rate. One unit of overtime may be done prorata, provided that it is done to complete the fifteen minutes of session music and that no new material may be produced.” Discussion held. Motion carried unanimously.

It was moved and seconded that the Local 802 LPA for Off-Broadway cast albums be amended by adding the following paragraph: “In no case shall musicians working under this agreement be paid less than any other performer’s minimum scale wages.” Discussion held. Motion carried unanimously.

12:20 Sharman excused. Gagliardi reported on negotiations for the New York City Ballet rehearsal pianists.

Gagliardi reported on the name change of the Local 802’s “Recording Department” to the “Electronic Media Services Department.”

Recording Vice-President O’Connor reported on the purchase by Local 802 of an ad for the New York Committee on Occupational Safety and Health (NYCOSH) ad journal.

Executive Board Member Olcott reported on the Central Labor Council meeting of April 15.

12:40 Board member Hyde present. Discussion held on the start-date timetable of the Union’s new computer system. 12:55 Financial Vice-President Blumenthal present.

1:05 Executive Board recessed for lunch. 2:09 Executive Board reconvened.

Blumenthal read a thank you letter from the Actors Fund.

Blumenthal read a letter from JP Morgan Chase regarding a change of trustee for the 401k plan for Local 802 staff.

Blumenthal reported on an arbitration of a grievance with Brooklyn Philharmonic.

Discussion held on the practice of polling the Executive Board in order to make decisions in between meetings.

3:07 Babich excused. It was moved and seconded to purchase a $250 ad from the Alliance of Long Island Students for Theater (ALIST) for their April 17 fundraising event program. Discussion held. Motion carried.

Meeting adjourned at 3:38.

TUESDAY, MAY 4, 2010

Meeting called to order at 11:08 AM. Present: President Gagliardi, Financial Vice President Blumenthal, Executive Board members Burridge, Dougherty, Kruvand, Olcott, Roach, Schwartz, Sharman, Assistant to the President Donovan. Recording Vice President O’Connor excused for vacation. Minutes taken by Executive Board Member Burridge.

It was moved and seconded to approve the April 20 minutes as corrected. Motion carried unanimously.

It was moved and seconded to restore language, “or fraction thereof” to the Limited Pressing Agreement overtime provision. Discussion held. Motion carried unanimously.

President Gagliardi distributed a letter and information being sent to employers regarding the rehabilitation plan for the American Federation of Musicians and Employers’ Pension Fund (AFM-EPF.) Discussion held.

Gagliardi reported on a meeting with Seth Popper and Cirque du Soleil regarding bringing local productions under contract.

Gagliardi reported that Local 802 received a notice from Local 153, Office and Professional Employees International Union (OPEIU) regarding the status of its pension fund in which Local 802 staff members are participants.

Gagliardi reported on a first meeting with management and NYC Ballet rehearsal pianists, with another meeting scheduled for May 24.

Gagliardi reported on an upcoming meeting with the New York City Occupational Safety and Health Committee (NYCOSH) regarding safety procedures following the recent car bomb incident in Times Square.

Financial Vice President Blumenthal distributed copies and reported on the new three-year contract with the Orpheus Chamber Orchestra. It was moved and seconded to approve the agreement subject to ratification by the bargaining unit. Discussion held. Motion carried unanimously.

Blumenthal reported on the status of contract negotiations with Westchester Philharmonic.

Blumenthal reported on contract negotiations with New York Pops.

Blumenthal recommended an annual salary increase for two staff employees. It was moved and seconded to approve the salary increases. Discussion held. Motion carried unanimously.

It was moved and seconded to increase pension contributions of all Local 802 promulgated agreements in accordance with the rules and timelines for the AFM-EPF Pension Rehabilitation Plan of 2010.

Blumenthal reported that the new computer system will go read-only at the end of the day and will go live on Monday, May 10.

Local 802 comptroller Goldman present. Goldman gave a report on March financials. Executive Board member Roach excused at 12:27. Discussion held.

1:00 Executive Board recessed for lunch. 2:00 Executive Board reconvened.

Executive Board members Babich, Hyde and Roach present. Assistant to the President Donovan requested financial support for the Fringe/NYMF Festival. It was moved and seconded to approve the budget to finance up to $5,855 for the Fringe/NYMF Festival. Discussion held. Motion carried unanimously.

It was moved and seconded to waive the Local 802 initiation fee for 60 days for participants in the Theatre Community Initiative Meet and Greet. Discussion held. Motion carried unanimously.

Local 802 Political and Public Relations Director Molloy present. Molloy reported on his trip to Washington advocating for the NEA amendment, tax deductions for donations by artists to nonprofits and raising the arts educational budget.

Molloy made a request for Local 802 to donate payment for a jazz trio to perform a benefit for Tenants and Neighbors’ PAC. Molloy excused. Discussion held.

Jazz Representative Weeks present. Weeks presented a collective bargaining agreement between Local 802 and Jazz Foundation, Inc. for the performance event, A Great Night in Harlem on May 20, 2010. Discussion held.

Executive Board Member Hyde reported her research on the Actors Fund Home.

Meeting adjourned at 3:25.

TUESDAY, MAY 11, 2010

Meeting called to order at 11:05 AM. Present: President Gagliardi, Financial Vice President Blumenthal, Recording Vice President O’Connor, Executive Board members Babich, Burridge, Dougherty, Hyde, Olcott, Schwartz, Sharman, Assistant to the President Donovan.

It was moved and seconded to approve the May 4 minutes as corrected. Motion carried unanimously.

It was moved and seconded that the Executive Board request the President to develop and submit to the Board a protocol regarding the use of electronic devices during Executive Board meetings. Discussion held. Motion carried unanimously.

It was moved and seconded to approve a budget of up to $7,000 for audio visual improvements to the Club Room, funding to be requested of the Coordinating Advisory Committee (CAC) from the Special Projects Fund (SPF.) Discussion held. Motion carried unanimously.

Sterling Forms sales representative Rich Meyers present. Meyers displayed a mock-up of the Local 802 softball team jersey. Meyers excused.

It was moved and seconded to donate $1,000 to the Nashville Musicians Flood Relief Fund. Discussion held. Motion carried unanimously.

It was moved and seconded to raise the scale wages for the Local 802 Demonstration Recording Conditions Agreement to $58 for a session with 1 to 7 musicians, $52 for a session with 8 to 15 musicians, $46 for a session with 16 to 30 musicians and $41 for a session with more than 30 musicians. Discussion held. Motion carried unanimously.

It was moved and seconded to raise the health benefit contributions for the Local 802 Demonstration Recording Conditions Agreement to $8.25 for the first three (3) hours or part thereof and $1.10 for each additional hour, to a maximum of $13.75 a day. Discussion held. Motion carried unanimously.

It was moved and seconded to purchase 1 ticket and acknowledgement listing in the program journal for New York Jobs With Justice “Building a Just, Sustainable and Prosperous New York” breakfast meeting for $250. Discussion held. Motion carried unanimously.

1:00 Executive Board recessed for lunch. 2:10 Executive Board reconvened.

Executive Board member Kruvand present. Local 802 Counsel Mars present. Mars reported on events in which Local 802 members, as part of the group Mambo Legends, were sued over intellectual property issues. Discussion held. Mars excused. It was moved and seconded to authorize up to $5,000 to cover Local 802’s expenses in defending Mambo Legends musicians in the above mentioned litigation. Discussion held. Motion carried unanimously.

Discussion held on personnel matters regarding a former supervisory employee.

Financial Vice President Blumenthal distributed a document entitled “Reporting Ethical and Legal Concerns.” It was moved and seconded to adopt the Ethical and Legal Concerns Policy for Local 802 employees as presented in the above mentioned document. Discussion held. Motion carried unanimously.

Jazz Advisory Committee Liaison Ray and Jazz Representative Weeks present. Discussion held on the “Great Night in Harlem” concert scheduled for May 20.

Blumenthal excused at 3:50. Olcott excused at 4:00. Babich excused at 4:03. Burridge excused at 4:06.

It was moved and seconded to donate payment for 3 musicians at public service scale to perform for a benefit for Tenants and Neighbors’ PAC. Discussion held. Motion carried unanimously.

Executive Board member Schwartz reported on the memorial for Jane Jarvis.

It was moved and seconded to hire a temporary part-time employee to work in the Contract Administration/Field Services Department. Discussion held. Motion carried unanimously.

Meeting adjourned at 4:40.

TUESDAY, MAY 18, 2010

Meeting called to order at 11:10 AM. Present: President Gagliardi, Financial Vice President Blumenthal, Recording Vice President O’Connor, Executive Board members Babich, Burridge, Dougherty, Hyde, Olcott, Schwartz, Sharman, Assistant to the President Donovan.

It was moved and seconded to approve the May 11 minutes as corrected. Motion carried unanimously.

Executive Board member Roach present at 11:26. President Gagliardi distributed copies of a cell phone etiquette protocol for Executive Board meetings as requested by the Executive Board (see minutes of 5/11.) It was moved and seconded to accept the cell phone etiquette policy. Discussion held. Motion carried unanimously.

Vice President Blumenthal read a thank you note from the Honolulu Symphony Orchestra Musicians for Local 802’s support.

Vice President O’Connor requested approval of an expenditure for needed building furnace repairs. It was moved and seconded to approve up to $1,657.08 for furnace repairs. Discussion held.

Motion carried unanimously. O’Connor announced that the position for Electronic Media Services (formerly Recording Department) Supervisor has been filled. Discussion held.

Local 802 Concert Representative Fisher present. Fisher briefed the Executive Board on a planned performance in October by Gotham Chamber Opera musicians at the New Victory Theatre. Discussion held. Fisher excused.

It was moved and seconded that Local 802 pay for actual lost wages for Local 802 delegates to the AFM Convention in June for any work that would have been performed on Monday, Tuesday, Wednesday and Thursday of the convention week. Discussion held. Motion carried. Babich opposed. Burridge, Schwartz, Olcott recused.

1:00 Executive Board recessed for lunch. 2:08 Executive Board reconvened.

Executive Board member Hyde present. Executive Board member Olcott excused. Political and Public Relations Director Molloy present. Molloy distributed materials and made a presentation on several political and public relations issues. Molloy excused.

It was moved and seconded to donate $250 to the Greater New York Labor Religion Coalition. Discussion held. Motion carried unanimously.

It was moved and seconded to buy one ticket for $250 to State Assembly Member Dick Gottfried’s 40th Anniversary Celebration to be paid from the State Tempo fund. Discussion held. Motion carried. Burridge opposed.

It was moved and seconded to purchase one ticket for $250 to a fundraiser for US Congressman Jerald Nadler to be paid from the National Tempo fund. Discussion held. Motion carried. Burridge opposed.

It was moved and seconded that Local 802 oppose the newly passed anti-immigration legislation (Arizona SB 1070), that the President of Local 802 send a letter to the governor of Arizona expressing such opposition and that Local 802 publicize the letter as practicable. Discussion held. Motion carried unanimously.

President Gagliardi distributed the Recommendations and Resolutions for the 2010 Convention of the American Federation of Musicians. Discussion held on the 2010 American Federation of Musicians Convention in Las Vegas in June.

Executive Board member Schwartz reported on prospects for a fundraising event to benefit the Nashville Musicians Flood Relief Fund. Discussion held.

Schwartz announced an indie music forum being organized by Local 802 on May 24.

Meeting adjourned 3:58.

TUESDAY, MAY 25, 2010

Meeting called to order at 11:10 AM. Present: President Gagliardi, Financial Vice President Blumenthal, Recording Vice President O’Connor, Executive Board members Babich, Dougherty, Hyde, Olcott, Schwartz, Sharman, Assistant to the President Donovan.

It was moved and seconded to approve the May 18 minutes as corrected. Motion carried unanimously.

President Gagliardi reported on negotiations for New York City Ballet rehearsal pianists.

Financial Vice-President Blumenthal requested annual increases for two non-bargaining unit employees. It was moved and seconded to approve the increases. Discussion held. Motion carried unanimously.

Local 802 Organizer Gasteyer present. Executive Board member Schwartz and Gasteyer reported on the Indie Music Panel held on May 24. Discussion held.

Gasteyer reported on Local 802’s presence at the Jazz Educators Network conference in St. Louis. Discussion held. Gasteyer excused.

Executive Board member Babich asked as a point of personal privilege to discuss a hiring decision made by the administration. Discussion held.

12:57 Executive Board recessed for lunch. 2:05 Executive Board reconvened.

Kruvand present. A resolution amending the Local 802 Bylaws and submitted to the Recording Vice-President by Local 802 member Vince Trombetta to be considered at the next Local 802 Membership meeting was distributed. Due to the nature of the resolution, President Gagliardi relinquished the chair to Executive Board member Olcott. Gagliardi, Blumenthal, O’Connor excused. Discussion held. It was moved and seconded that the Executive Board report the Bylaw amendment to the next membership meeting favorably. Motion carried unanimously.

Gagliardi, Blumenthal, O’Connor present. Gagliardi resumed the chair. Olcott reported the results of the above vote.

Public Relations and Political Director Molloy present. Molloy distributed materials and made a presentation on several political and public relations issues. Discussion held. Molloy excused.

It was moved and seconded to purchase a quarter page ad in the Workers Defense League 74th Anniversary Dinner Journal for $250. Discussion held. Motion carried. Sharman opposed.

American Federation of Musicians (AFM) Secretary Treasurer and Local 802 member Sam Folio present. Folio reported on the upcoming 2010 AFM Convention. Discussion held. Folio excused.

Executive Board member Schwartz gave a report on a planned benefit for the Nashville Musicians Flood Relief Benefit. It was moved and seconded that Local 802 donate up to $1,500 to fund musician performances for the Nashville Musicians Flood Relief Benefit, to be paid from the Public Relations Fund. Discussion held. Motion carried unanimously.

Meeting adjourned 4:30. Meeting reconvened at 4:43.

Present: President Gagliardi, Financial Vice President Blumenthal, Recording Vice President O’Connor, Executive Board members Dougherty, Hyde, Kruvand, Schwartz, Sharman.

It was moved and seconded that Local 802 purchase a copier for the third floor at a cost not to exceed $7,000. Discussion held. Motion carried unanimously.

Meeting adjourned at 4:50.