TUESDAY, FEBRUARY 20, 2001

Meeting called to order at 11:30 a.m. Present: Recording Vice-President Price, Financial Vice-President Hafemeister, Executive Board members Blumenthal, Crow, Gale, Landolfi, Reynolds, Rohdin, Shankin and Weiss, Assistant to the President Dennison, Assistant Director Lennon, Jazz Advisory Committee Liaison Owens. President Moriarity excused to attend AFM & Employers Pension Fund meetings in California.

Assistant to the President Dennison notified the board that an upcoming engagement of the Three Irish Tenors PBS television show at Ellis Island is proposing to use a foreign orchestra, Sinfonia Varsovia from Warsaw, Poland, as the backup accompanying orchestra for this engagement. The producer of the engagement had requested a budget from a Local 802 contractor for a New York freelance orchestra at AFM rates and, after receiving the budget, informed the contractor that a foreign orchestra would be engaged. AFM Director of Travel and Touring Mark Heter, who responds to applications to the Immigration and Naturalization Service for entry into the United States of foreign music groups, was contacted by Dennison, apprised of the situation and asked to appear before the board.

Mark Heter appeared at the board and detailed the process of requesting and granting or objecting to the P-1 visa. He said he would send a strong letter objecting to the importation of the Sinfonia Varsovia, since it is not appearing on its own merits as an internationally renowned ensemble but as a low-cost backup ensemble for the Three Irish Tenors. After further discussion Heter was thanked and excused.

In his letter, which he later faxed to the board, Heter wrote: “This particular request is a cynical attempt to provide musical services for a highly profitable promotion without having to pay wages and fringe benefits American workers fought for decades to achieve and maintain. We urge you not to approve this visa under the circumstances. P-1 and P-3 visas are for the enabling of cultural exchange, not for the creation of a low-cost labor force alternative for predatory promoters and television producers who don’t want to pay Americans fair wages.”

Feb. 6 minutes unanimously approved as amended.

It was noted that a Strategic Planning session was to be held on Friday, March 2.

Financial Vice-President Hafemeister reported that the Shubert Organization is building a 499-seat theatre on 42nd Street. A proposal had been submitted to Local 802 to use this venue for concert versions of new musicals similar to the Encore Series at City Center Theatre on 55th Street. Local 802 will seek to negotiate a CBA for musicians that will also include provision for music preparation services, as in other theatrical agreements.

A report was made by Assistant Director Lennon and board member Blumenthal on leafleting that took place on Feb. 19 in opposition to the use of recorded music at a performance by the International Stars of the Ballet at the NY State Theatre at Lincoln Center. It was noted that musicians from various musical groups had participated in the action on the sidewalk in front of Lincoln Center Plaza.

Meeting recessed at 1:00 p.m.

Meeting resumed at 2:25 p.m.

Present: Price, Hafemeister, Blumenthal, Crow, Gale, Landolfi, Reynolds, Rohdin, Weiss, Dennison, Lennon, Owens.

Senior Business Rep Donovan appeared before the board with a renewal of Local 802’s agreement with the Fantasticks Company. Motion made and carried unanimously to approve.

Discussion held on the current negotiations with the producers of Naked Boys Singing, and Donovan requested strike authorization if no satisfactory agreement is reached. When the original agreement was negotiated the producers promised a meaningful wage increase if the show proved successful. The show’s run has exceeded all expectations. The producers had been reluctant to negotiate but after negotiations made a final offer which the union and the musicians have rejected. The producers declared an impasse and refused to negotiate further. Motion made and carried unanimously to authorize a strike as outlined.

Discussion held on the schedule of the musicians and their substitutes in order to arrive at the amount of payment for strike benefits. Donovan will obtain the musicians’ schedule. Motion made and carried unanimously to pay $60 per show per musician in the event a strike is necessary. The Small Theatres Committee indicated its willingness to assist in leafleting or strike duty. Donovan excused.

Assistant Director Lennon submitted a request by orchestra contractor Sharon Moe on behalf of Marble Collegiate Church to have an evening rehearsal on Feb. 20 paid at regular rehearsal rates to accommodate choir members’ work schedules. The concert will take place on Feb. 21. Motion made and carried unanimously to approve.

Lennon submitted a request from Ken Dake of Marble Collegiate Church for permission to record the Feb. 21 concert for a grant application. Motion made and carried unanimously to approve, with the proviso that the orchestra approve the request with a two-thirds affirmative vote.

Discussion held on the reporting of leaves of absence in the minutes and in Allegro. This information is available in the Recording Vice-President’s office on a database and also in hard copy. Motion made and carried unanimously to table the discussion until more information is gathered and a discussion held with the Theatre Committee.

Discussion held on Strategic Planning.

Executive session held by the board.

Meeting adjourned at 3:40 p.m.

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TUESDAY, FEBRUARY 27, 2001

Meeting called to order at 11:30 a.m. Present: President Moriarity, Recording Vice-President Price, Financial Vice-President Hafemeister, Executive Board members Blumenthal, Gale, Giannini, Landolfi, Rohdin, Shankin and Weiss, Controller Bogert, Assistant to the President Dennison, Assistant Director Lennon.

Feb. 13 minutes unanimously approved as amended.

Financial Vice-President Hafemeister reported on her attendance at the New Jersey Conference of Musicians on Feb. 25. At that meeting AFM Organizer Gene Tournour reported that Colony Corp. had purchased the Resorts Hotel and Casino in Atlantic City, a venue currently in negotiations with Local 661-708.

Price informed the board that the AFM convention will take place in Las Vegas June 25-27. Local 802 will have six delegates, in accordance with the bylaw passed at the 1999 convention.

Assistant Director Lennon reported on the telephone poll of the board that approved a request by Opera Orchestra of New York to retain a copy of a videotape that will be made of portions of a rehearsal under the parameters for news and promotional purposes outlined in the parties’ collective bargaining agreement. Motion made and carried unanimously to affirm the poll of the board, which had unanimously approved the request.

Lennon reported that the Scandia Orchestra, which performed an MPTF concert at Trinity Church on Feb. 22, had planned to hold a phonograph recording session after the concert without benefit of an AFM or Local 802 agreement. Lennon, along with Local 802 Recording Department representative Russ Agdern, attended the concert and was successful in having management sign the AFM low-budget phonograph agreement for a location recording. This agreement included a payment, plus pension and health benefits, for a three-hour session and secured any future payments owed musicians in the event of commercial use. This action was part of Local 802’s campaign to end dark recording dates.

Assistant to the President Dennison submitted an agreement with hearing consultant Ellen Kelly for a hearing conservation program for Local 802 members. The agreement outlines the services to be provided in developing the program, the Local’s responsibility to assist the consultant by providing information needed, a timetable for the various activities involved, and the fees agreed upon. Motion made and carried unanimously to approve the agreement, with the proviso that the board request the CAC to assume a portion of the cost from its funds.

Dennison submitted a letter from a senior member seeking honor status. The letter indicated that the member had been advised incorrectly by the union many years ago and had overpaid his membership fees for the past 14 years. He is seeking redress and equivalent compensation for the overpayment. After discussion Dennison was directed to investigate and seek further information regarding this situation.

Dennison reported that, in accordance with an agreement with Jazz @ Lincoln Center, the tape made of a rehearsal had been destroyed. (See Feb. 13 minutes.)

President Moriarity reported that the NYC Ballet contract had been signed.

Moriarity reported on informational leafleting outside the International Stars of Ballet performance at Lincoln Center. He indicated that two letters had been received from union members questioning the effectiveness of the union’s response.

Motion made and carried unanimously to form a demonstration and leafleting task force. Discussion held on the task force’s makeup and its mandate which, it was decided, would be to advise on membership mobilization and the creation of leafleting materials. Four principles should guide the committee: strategy, philosophy, membership outreach and motivation.

Meeting recessed at 1:30 p.m.

Meeting resumed at 2:30 p.m.

Present: Moriarity, Price, Hafemeister, Blumenthal, Gale, Giannini, Landolfi, Rohdin, Shankin, Weiss, Bogert, Dennison, Lennon.

Moriarity reported that Local 802 is the target of a lawsuit brought by Ken James, a club date office, as the result of an area standards campaign.

Moriarity reported that the management/producers of 42nd Street, a musical scheduled to open at the Ford Center Theatre on May 2, is involved in a dispute with the union over the minimum number of musicians to be employed. Moriarity reported that 24 musicians were to be engaged, but the employer unilaterally placed six musicians on a cuts list. Discussion held.

Moriarity reported that an agreement had been reached in NYC Opera negotiations. He reviewed the terms and conditions of the four-year contract. Discussion held. Motion made and carried unanimously to approve the agreement, with the proviso that the board review the final contract language.

Moriarity reviewed the status of the current pension negotiations for the Metropolitan Opera regular orchestra musicians. The agreement negotiated several months ago contained a pension reopener that would involve a study of the feasibility of the orchestra participating in the AFM pension plan. Moriarity submitted and read correspondence from orchestra legal counsel Susan Martin and the management regarding this matter. Discussion held.

Dennison excused.

Controller Bogert submitted a recommendation for 3.5 percent salary adjustment increase for a supervisor. Motion made and carried unanimously to approve.

Bogert submitted another recommendation for a 3.5 percent salary adjustment increase for a supervisor. Discussion held. Motion made and carried that the increase be approved, subject to the salary cap as per board policy. Opposed: Hafemeister, Landolfi, Weiss.

Price reported to the board that he had granted the following leaves of absence:

1. Belinda Whitney, from the Broadway production Beauty and the Beast, from Feb. 7-11, to play the Encore! series at City Center, with the proviso that she not substitute in Beauty and the Beast during that period.
2. Anthony Kadleck, from the Broadway production Beauty and the Beast, from the evening of Feb. 7 through Feb. 14, for personal reasons.
3. Richard Heckman, from the Broadway production The Music Man, from March 6-July 7, to play the limited run of Follies, with the proviso that he not substitute in The Music Man during that period.
4. Christopher Komer, from the Broadway production The Music Man, from Feb. 27-April 1, for personal reasons.
5. Wayne du Maine, from the Broadway production The Music Man, from Feb. 21-25, March 7-13 and March 24-30, to perform on tour.
6. N. Cenovia Cummins, from the Broadway production Beauty and the Beast, from the evening of March 7 through July 8, to play Follies, with the proviso that she not substitute in Beauty and the Beast during that period.
7. Anthony Kadleck, from the Broadway production Beauty and the Beast, from Feb. 19-25, for personal reasons.

Bogert and Lennon excused while the board held executive session to discuss the strategic planning session to be held on March 2.

Meeting adjourned at 5:00 p.m.