TUESDAY, MARCH 27, 2001

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

March 13 minutes unanimously approved as amended.

Financial Vice-President Hafemeister reported on her attendance at the NYS Conference of Musicians, also attended by President Moriarity and Recording Vice-President Price. The meeting, which was held in Schenectady, N.Y., had been combined with the New England Conference for a joint meeting. The schedule of events included a presentation by the U.S. Department of Labor and several presentations by AFM representatives on topics that included organizing, public relations, fund raising for MPTF and sexual harassment. AFM President Steve Young, Secretary-Treasurer Tom Lee, MPTF Trustee Noel Berman and Phonograph Special Payments Fund Administrator Enex Steele also addressed the meeting.

Controller Bogert submitted Local 802 financials for the board’s review. Highlights of his report included the following facts: In March 2001, Union Labor Life Insurance Co. repurchased its stock held by Local 802 in the amount of $258,000. Strike and picketing expense in 1999 totaled $145,022.78 for the following activity: Local 47 Radio City Music Hall contribution, $10,778; New York City Opera National Co., $9,400; Little Orchestra Society, $2,300; NY Chamber Symphony, $18,700; NYC Ballet (including an ad for $42,300), $79,500; American Musical Opera Theatre at Town Hall, $3,000; other, $2,344; total, $145,022. Strike and picketing expenses in 2000 totaled $3,195, as follows: Museum of Modern Art, $2,375; the AFM theatre strike, $600; other, $20. As of this date in 2001 the strike fund has paid out $5,200 for the AFM strike against SFX in Florida and General Fund expenses for December 2000 of $600 and January 2001 of $450, for a total of $6,650.

President Moriarity informed the board that Hotel Employees and Restaurant Employees Local 100 had filed a lawsuit seeking the right to picket on Lincoln Center Plaza. Moriarity had been asked whether Local 802 had a precedent for such activity and sent Local 100 information and pictures from events in 1989. He also submitted an affidavit to Local 100 legal counsel attesting to that event.

A request for co-funding of the Columbia University Jazz Artist Research Study in the amount of $10,000 will be met by funding in the following amounts, previously approved: Local 802 will provide $6,000; the AFM, $2,000; and the CAC, $2,000.

Moriarity reported on the following matters:

1. Local 802 has reached a settlement with the producers of the Broadway show The Scarlet Pimpernel over grievances filed when the show moved from the Minskoff to the Neil Simon Theatre in 1999. (See June 29, 1999, minutes.) The settlement was reached just prior to arbitration and includes payment to musicians totaling $106,000. This represents orchestra hiatus pay and salary for four musicians who were cut from the orchestra when the production moved to the Neil Simon.
2. Local 802 is continuing discussions with the Shubert and Dodger organizations over Blast, now being presented at the Broadway Theatre. Local 802 has made clear to management the union’s position that the musicians performing in the show are covered by the Broadway contract.
3. There are no further developments regarding negotiations for the Metropolitan Opera Orchestra pension.
4. Local 802 continues to be in communication with the office of Rep. Joe Crowley (D-Queens) over the absence of an agreement for an upcoming tour of the Three Irish Tenors.
5. The officers interviewed and then appointed Senior Organizer Joe Eisman to the position of Director of New Organizing.
6. A decision was rendered by the arbitrator in the grievance Local 802 brought against the producers of the Broadway production Saturday Night Fever. The union grieved the designation of six vocalists hired for the show as members of the orchestra to fulfill the minimum orchestra requirement. The arbitrator ruled that, while use of the vocalists as orchestra members was a “subterfuge,” it was not a violation of the Broadway contract and therefore the grievance was denied. Discussion held.

Board member Crow excused at 12:57 p.m.

Meeting recessed at 1:05 p.m.

Meeting resumed at 2:25 p.m.

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

Senior Business Rep Donovan appeared before the board to submit a contract renewal for Naked Boys Singing, produced by The Boyzco, L.P. at Actor’s Playhouse. Motion made and carried unanimously to approve.

Donovan submitted a contract with MDT Productions, Art Uscher, producer, for their presentation of Mamaleh at Mazer Theatre. Motion made and carried unanimously to approve.

Donovan requested the organizing discount initiation fee for an AFM Pamphlet B touring musician who was involved in an organizing effort in Man of La Mancha and wants to join the union. Motion made and carried unanimously to approve. Donovan excused.

Bruce Robert Harris, producer of the Momentum Aids Project, appeared before the board to discuss the benefit performance that will involve a limited pressing recording of the project. After discussion he was directed to the Recording Department for information. Harris excused.

Moriarity distributed a resolution for possible submission to the upcoming AFM Convention. Discussion held.

Gale present at 3:00 p.m. during the previous discussion.

Meeting adjourned at 3:30 p.m.

TUESDAY, APRIL 3, 2001

Meeting called to order at 11:20 a.m. Present: President Moriarity, Recording Vice-President Price, Financial Vice-President Hafemeister, Executive Board members Blumenthal, Crow, Gale, Giannini, Landolfi, Reynolds, Rohdin, Shankin and Weiss, Controller Bogert, Assistant to the President Dennison, Assistant Director Lennon, Jazz Advisory Committee Liaison Owens.

President Moriarity advised the board that the AFM & Employers’ Pension Fund meeting, to be held later in the day, was to discuss the Music Services Contract which was originated and designed by Local 802.

It was noted that I. Philip Sipser, former legal counsel and negotiator for the New York Philharmonic Orchestra and the Metropolitan Opera Orchestra, had died. He had also served a brief tenure as legal counsel to Local 802.

A request was received from A&E cable network for the waiver of fees for the musicians for the use of a clip from the Broadway production of How to Succeed in Business Without Really Trying as part of a feature biography of Matthew Broderick. The producer of the film will be Van Ness Films. President Moriarity will respond to the request in the same manner as the previous A&E request.

A request was received from the Tony Award Productions in connection with this year’s Tonys.org web site for a waiver by Local 802 of the requirement to pay $65 to each musician whose performance in a Broadway musical appears on a web site for the first time. The Tony Awards would use these clips to promote the telecast as well as each of this season’s musical productions. Discussion held. Motion made and carried unanimously to approve the waiver, with the proviso that material supplied by Local 802 also be used on the Tony Awards web site.

Moriarity submitted a request from Assistant Supervisor of National Contracts/Recording Schaffner that the board approve a negotiated modification of the OUR (Local 802 business representatives’ organization) agreement to allow a senior recording business representative to assume additional responsibilities (quasi-supervisory duties) at a 7 percent salary increase. Discussion held. Motion made to accept the modification as negotiated. After further discussion motion made and carried unanimously to table.

Moriarity excused to attend the AFM-EP Fund meeting previously noted.

Financial Vice-President Hafemeister submitted notice of a Cornell Labor College breakfast meeting on “The International Affairs of the AFL-CIO.”

Recording Vice-President Price submitted for the board’s information a report by the Contract Administration Department on Musicians’ Referral Service activity for the years 1999 and 2000.

Price submitted a request by the Brooklyn Academy of Music (BAM) for an archival videotape agreement. A proposed agreement would allow BAM to assume responsibility for videotapes when the performing organization does not have an agreement with Local 802. After discussion, the board suggested consultation with our legal counsel before writing an agreement.

Price indicated that a copy machine on the third floor needs to be replaced. The board directed Price to obtain from the office manager an inventory and assessment of the copy and fax machines in the building and also to present some competing bids on the cost of the equipment needed.

Controller Bogert distributed the vouchers for March 2001.

Assistant Director Lennon submitted a request from the Westfield (N.J.) Symphony Orchestra for a videotape of an April 4 concert for archival and grant application purposes. Motion made and carried unanimously to approve, with the proviso that the agreement be approved by an affirmative two-thirds secret ballot vote of the orchestra.

Senior Business Rep Donovan present while Assistant to the President Dennison discussed a new off-Broadway show entitled Love, Janis that had been produced and was currently performing without benefit of a union contract. Cullen-Dumont, the producers, had strongly resisted negotiating or signing an agreement. Discussion held.

Meeting recessed at 1:20 p.m.

Meeting resumed at 2:30 p.m.

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

Price reported on the activities of the Music Performance Trust Fund since additional funds were made available.

Assistant Supervisor of National Contracts/Recording Schaffner present at the board to discuss issues of concern to the Recording Department regarding the NY Recording Musicians Association. Discussion held. Moriarity returned to the meeting at 3:28 p.m. during the previous discussion.

The previously-tabled motion regarding the Recording Department was opened for discussion. Schaffner reviewed the expanded duties and activity in the department and the justification for adding responsibilities and supervisory duties to one senior recording representative.

Motion made to have the Assistant Supervisor of National Contracts/Recording and the officers explore with OUR the possibility of a trial period for this position. After discussion, an amendment to the motion was made as follows: If, at the discretion of the Executive Board, comparable or similar positions are created in the future, Local 802 will so notify OUR. The director of recording and the officers are directed by the board to have further discussions/negotiations with OUR and the senior business representative regarding concerns expressed by the board. Motion as amended carried unanimously.

Meeting adjourned at 4:55 p.m.

TUESDAY, APRIL 17, 2001

Meeting called to order at 11:25 a.m. Present: President Moriarity, Financial Vice-President Hafemeister, Executive Board members Blumenthal, Crow, Gale, Landolfi, Reynolds, Rohdin and Shankin, Controller Bogert, Assistant Director Lennon. Recording Vice-President Price was excused for personal reasons. Bogert took the minutes of the meeting.

Board member Giannini and Assistant to the President Dennison present at 11:30 a.m. Board member Weiss present at 11:35 a.m.

March 20 minutes unanimously approved as amended.

Financial Vice-President Hafemeister recommended a salary increase for the newly-promoted director of the New Organizing Department, retroactive to April 1, 2001. Motion made and carried unanimously to approve.

Hafemeister made a recommendation to change the name of the New Organizing Department to the Organizing Department. Motion made and carried unanimously to approve.

Assistant to the President Dennison reported that agreement on a contract had not yet been reached with the producers of the show Love, Janis. Motion made and carried unanimously to approve strike benefits in the amount of $500 per week for the two Local 802 members affected by this dispute. One musician was to receive two weeks of benefits and the other, one week. Additionally, approval was given to pay $500 to a musician who had performed regularly at Local 802 demonstrations at the theatre.

Moriarity reported that the single engagement club date contract had expired and that he was attempting to arrange an April 19 meeting between the employers and Local 802.

Moriarity reported that meetings had been scheduled to interview candidates for the NY City Council for possible endorsement in the 2001 election.

Moriarity reported that radio ads for the Live Music Campaign had begun to be aired.

Moriarity reported that meetings had been held with the management of the show Blast to discuss compensation levels of the performing musicians. He stated that the musicians’ current compensation package is close to the union’s demand.

Moriarity reported that the Metropolitan Opera’s management had declined to fund its 50 percent share of an actuarial study of the regular orchestra’s pension. Motion made to approve the expenditure of $7,500 for that portion of the study. Discussion held. Motion made and passed unanimously to table the preceding motion pending receipt of further information from the orchestra’s legal counsel.

Meeting recessed at 1:20 p.m.

Meeting resumed at 2:50 p.m.

Present: Moriarity, Hafemeister, Blumenthal, Crow, Giannini, Landolfi, Reynolds, Rohdin, Shankin, Weiss, Bogert, Dennison, Lennon.

Lennon reported on the terms of a recently negotiated contract between Local 802 and American Ballet Theatre. Discussion held. Motion made and passed unanimously to approve the contract, subject to clarification of certain of its provisions and ratification by the bargaining unit.

Lennon distributed materials relating to the smoke and fog issue at a number of Broadway theatres and explained the union’s ongoing efforts to deal with this problem. Discussion held.

Six members of the Associate Musicians Committee of the Metropolitan Opera Orchestra appeared before the board to discuss their upcoming contract negotiations. Discussion held. Crow excused during the foregoing discussion. The committee members were thanked for their presentation and excused. Further discussion held on points raised by the committee members.

Meeting adjourned at 4:35 p.m.

TUESDAY, APRIL 24, 2001

Meeting called to order at 11:28 a.m. Present: President Moriarity, Recording Vice-President Price, Financial Vice-President Hafemeister, Executive Board members Blumenthal, Crow, Gale, Giannini, Landolfi, Reynolds, Shankin and Weiss, Controller Bogert, Assistant to the President Dennison.

President Moriarity initiated a discussion on the status of negotiations on the Metropolitan Opera Orchestra pension. Legal counsel and contract negotiator for the Metropolitan Opera Orchestra Susan Martin appeared before the board to discuss a pension reopener in the contract. All correspondence between Local 802, Martin and opera management was distributed to the board. Discussion held. Martin excused. Gale excused at 1:10 p.m. Discussion continued.

Moriarity submitted a letter from the League of American Theatres and Producers, Inc., regarding a waiver of usual fees for a one-hour opening night special on the production 42nd Street, to air on WNET/Channel 13. The fee for this show will be $200 for each musician who participates. This waiver request is similar to previous requests for other shows’ opening night specials. Discussion held, during which it was indicated that the minimum number of musicians required at the Ford Center Theatre, where this production is appearing, is not established.

Motion made to approve the opening night special, with the proviso that the terms and conditions as outlined in the letter from Local 802 to the producers for 42nd Street be agreed to and signed off by the producers as follows: 1) The terms and conditions of the Local 802/League of American Theatres and Producers collective bargaining agreement dated March 9, 1998, shall apply to this production; 2) All of the musicians employed by the production of 42nd Street at the Ford Center Theatre are employed in accordance with Article II, Paragraph F (run of the show) of the aforementioned League/Local 802 Agreement and such employment shall be deemed to satisfy the requirements of that agreement. Carried unanimously.

Meeting recessed at 1:45 p.m.

Meeting resumed at 2:45 p.m.

Present: Price, Hafemeister, Blumenthal, Crow, Gale, Giannini, Landolfi, Shankin, Weiss, Bogert, Dennison, Owens. Moriarity excused to attend a meeting at Lincoln Center.

Senior Business Rep Donovan appeared before the board to submit an agreement with Jewish Repertory Theatre for the production of a show entitled Naughty Knight at the Duke Theatre. Discussion held. It was noted that, for musicians’ protection, language should be added to the clause, “that in the event the show moved to another theatre….” Legal counsel will be consulted about the language change. Motion made and carried unanimously to approve the agreement.

Donovan submitted an agreement with Bat Boy The Musical L.P., c/o Nancy Gibbs, general manager, for the show entitled Bat Boy The Musical at the Union Square Theatre. Motion made and carried unanimously to approve.

Donovan submitted an agreement with the Acting Company, Margot Harley, producer, for the production of a show entitled O Pioneers at the Women’s Project Theatre. Motion made and carried unanimously to approve.

Donovan submitted an agreement with the Love Janis Co., L.P., for the production of a show entitled Love, Janis at the Village Theatre. Assistant to the President Dennison recounted the events that led to the signing of this agreement. The producers, as previously noted (see April 24 minutes) had initially refused to sign an agreement but after informational leafleting and after Local 802 filed an unfair labor practice with the NLRB against the company, the producers signed an agreement. Motion made and carried unanimously to approve.

Motion made and carried unanimously to approve payment of strike benefits of $500 each for the two union musicians who were fired by the production company because of union affiliation. Donovan excused.

Assistant Supervisor of National Contracts/Recording Schaffner appeared before the board to recommend establishing a position which carries additional responsibilities for a senior business representative in the Recording Department. (See April 24 minutes.) Discussion held. Any wage adjustment will be made retroactive to March 1, 2001, with an additional one-time payment reflecting the increase for 20 weeks, since these duties have been in effect for the past two years. Discussion held. Motion made and carried to approve the position and a retroactive wage adjustment. Opposed: Landolfi.

Controller Bogert submitted financial statements which included an analysis of expenses for 1997 and 1998, analysis of work dues for 1996 through 2000, and a membership analysis for 1999, 2000 and 2001.

Board member Blumenthal reported on three Anne Walker Scholarship awards which totaled $1,100 – one for $500 and two for $300.

Weiss excused at 4:15 p.m.

March 27 minutes unanimously approved as amended.

Meeting adjourned at 4:25 p.m.

TUESDAY, MAY 8, 2001

Meeting called to order at 11:30 a.m. Present: President Moriarity, Financial Vice-President Hafemeister, Executive Board members Crow, Gale, Giannini, Landolfi, Reynolds, Rohdin and Shankin, Controller Bogert, Assistant to the President Dennison. Recording Vice-President Price was excused for personal reasons. Bogert took the minutes of the meeting.

President Moriarity distributed a letter from the New York City Ballet Orchestra committee requesting approval for four of the orchestra’s members to perform at an educational event on May 19 for an honorarium of $150 each. Motion made and carried unanimously to approve.

Assistant Director Lennon present at 11:35 a.m. during the foregoing proceedings. Owens present at 11:37 a.m.

Moriarity presented to the board a quote for extensive repair and overhaul of the headquarters building’s elevator at a cost of $86,640 plus tax. Discussion held, during which he pointed out his belief that the elevator was the building’s original, and that it was known at the time that Local 802 purchased the building that these repairs would be necessary. Moriarity volunteered to obtain additional information concerning this work for the board’s consideration.

Motion made and carried unanimously to contribute $250 from Tempo 802 to Congressman Jerry Nadler for a June 18 fundraiser.

Motion made and carried unanimously to contribute $100 to the New York State Labor-Religion coalition.

Motion made and carried unanimously to approve a $3,000 increase in the annual fee of Local 802’s auditors.

Motion made and carried unanimously to contribute $500 from Tempo 802 to New York State Attorney General Eliot Spitzer for a mid-term Labor Salute on May 3.

Motion made and carried unanimously to purchase ten tickets at $15 each, for a total of $150, to a June 7 concert of the New York City Labor Chorus.

Motion made and carried unanimously to contribute $100 from Tempo 802 to candidate for Brooklyn Borough President (Marty) Markowitz.

Motion made and carried unanimously to purchase three tickets at $75 each, for a total of $225, to a June 21 reception of New York Jobs with Justice.

Motion made and carried unanimously to purchase two tickets at $300 each, for a total of $600, to a June 4 Broadway Beacon Awards benefit for Inside Broadway.

Assistant Director Lennon reported to the board on the status of overdue payments of wages and benefits to musicians from the New York Scandia Symphony, Inc., for an MPTF concert and recording on Feb. 22. Discussion held.

Lennon distributed a Memorandum of Agreement between Local 802 and the Ballet Theatre Foundation, Inc., for the period April 1, 2001, through March 31, 2005. Motion made and carried unanimously to affirm the telephone poll which had approved the revised agreement. Lennon reported that the American Ballet Theatre orchestra had ratified the agreement by a vote of 51-2.

Motion made and carried unanimously to affirm the telephone poll which had approved an agreement between Local 802 and the Long Island Philharmonic to videotape an April 26 performance for grant purposes.

Motion made and carried unanimously to approve an agreement between Local 802 and the New York Public Library for the Performing Arts for archival videotapes of performances on May 10 and June 1 of the New York City Ballet.

Motion made and carried unanimously to approve an agreement between Local 802 and the New York Public Library for the Performing Arts for an archival videotape of a performance on June 16 of the American Ballet Theatre.

Lennon presented a request from Delia Peters, Esq., on behalf of the George Balanchine Foundation, to use previously-recorded archival footage of the School of American Ballet Workshop for an upcoming educational video project. The Board directed Lennon to obtain further details regarding the proposed project.

Motion made and carried unanimously to approve an agreement between Local 802 and Erika Boras, 506 Gair Street, Piermont, N.Y., for a chamber music engagement on May 6.

Lennon distributed a draft of Single Engagement Opera and Ballet Wage Scales effective May 1, 2001, through April 30, 2005. Discussion held. Motion made and carried unanimously to approve the recommendation that American Ballet Theatre-negotiated terms and conditions be promulgated as Local 802 scales for freelance opera and ballet, with the exceptions outlined by Lennon and subject to approval of the Local 802 freelance concert committee.

Moriarity reported on the progress of Metropolitan Opera pension negotiations.

Moriarity reported that the next Club Date negotiations were scheduled for the afternoon of May 9.

Meeting recessed at 1:05 p.m.

Meeting resumed at 2:15 p.m.

Present: Moriarity, Hafemeister, Blumenthal, Crow, Gale, Giannini, Landolfi, Owens, Reynolds, Rohdin, Shankin, Bogert, Dennison, Lennon.

Dennison requested strike benefits for an additional week in the amount of $500 for one musician involved in the organizing effort at the off-Broadway show Love, Janis. Motion made and carried unanimously to approve.

Dennison presented a request from the AFM’s Touring/Theatre/Booking Division that the Local 802 organizing discount be extended to members of a touring musical show that the AFM is seeking to organize. The musicians being organized will be asked to join Local 802. Motion made and carried unanimously to approve.

Dennison presented a director’s archival videotape recording agreement between Local 802 and The Better Company LLC, for selected performances of the show A Class Act at the Ambassador Theatre. Motion made and carried unanimously to approve.

Lennon presented a letter from the New York Chamber Symphony requesting that fees to musicians for rehearsals/concerts in May 2001 be reduced below contracted amounts. A letter from the orchestra committee recommending approval of the request was also submitted. Discussion held. Orchestra committee member Paul Ingraham appeared before the board to discuss this recommendation. Discussion continued. Weiss present during the foregoing discussion at 2:50 p.m. Ingraham thanked for his attendance and excused. Further discussion held, during which Lennon was directed to enter into negotiations with the Symphony on this matter.

Hafemeister reported that Local 802’s Education Department presented the first of its committee seminars on April 23. Ken Margolies, Director of Organizing Programs at Cornell University’s School of Industrial and Labor Relations, along with Local 802’s legal counsel Leonard Leibowitz, led a seminar titled “A Strategic Look at the Freelance Orchestra Negotiations.” Participants included committee members from the 12 freelance orchestras, Hafemeister and David Lennon. Margolies developed the full day program over a period of several months, in consultation with a committee that included staff, legal counsel Leibowitz and four representatives of freelance orchestras. Hafemeister also reported that strategic planning with the Theatre Committee had begun. A full-day seminar was to be scheduled in the next several weeks.

Lennon excused at 3:20 p.m.

Hafemeister advised the board about awards that were recently received from the Metro New York Labor Communications Council, as follows: to Allegro, second prize for General Excellence; to the Local 802 web site, second prize for Best Web Site; to Senior Business Rep Elsila, first prize for Best News Article.

Discussion held on health and safety issues on Broadway.

Motion made and carried unanimously to approve the March vouchers.

Senior Business Rep Jackson appeared before the board to present an agreement between Local 802 and Blossom Dearie Enterprises, Ltd., for the period Dec. 10, 2001, to Dec. 9, 2002. Discussion held. Motion made and carried unanimously to approve.

Jackson presented an agreement between Local 802 and Tailgate Music, Inc., covering the period March 14, 2001, to March 13, 2003. Motion made and carried unanimously to approve.

Jackson excused at 4:05 p.m.

Moriarity presented a letter from the executive producer of the upcoming Broadway show, Mamma Mia, to be presented at the Winter Garden Theatre, requesting that the show be granted special situation status with respect to the number of musicians. Discussion held, during which Moriarity was requested to obtain scores for the show.

Moriarity reported on a deadlock between the union and management trustees of the AFM-EP Fund relating to death benefits and to vesting eligibility. The issues had been scheduled for arbitration. He also reported that American Federation of Musicians President Emeritus Mark Massagli had resigned as a trustee of the Fund. AFM President Steve Young appointed Kimberly Reighley, Secretary of Local 21, Wilmington, Delaware.

Meeting adjourned at 4:35 p.m.