NOTE: The Executive Board did not meet on Tuesday, December 21, 2021

Wednesday, December 29, 2021

Meeting called to order at 11:05 am by President Krauthamer via video conference necessitated by the need for social distancing relating to the COVID-19 pandemic. Present: Recording Vice President Schwartz, Executive Board members Axelrod, Cohen, Davis, Kainuma, Paisner, Shankin.

Minutes of December 14, 2021 reviewed.

It was moved and seconded to approve the minutes of December 14, 2021 as corrected.

Discussion held.

Motion carried unanimously.

Executive Board members Frawley and Hoyt present at 11:12.

Executive Board member Frawley reported on the impact of the closure of Broadway shows on members due to the pandemic.

Discussion held.

Controller Emelianova present.

Emelianova presented the Local 802 financial report for October 2021.

Discussion held.

Financial Vice President Fisher and Executive Board member Donovan present at 11:35.

It was moved and seconded to approve the October 2021 financial report as submitted.

Discussion held.

Motion carried unanimously.

Emelianova excused.

The board continued its discussion of the impact on members due to the closure of Broadway shows.

Fisher reported on a request from Orchestra Long Island to utilize Public Service rates for a school performance at The Wheatley School on March 1, 2022.

It was moved and seconded to approve the request from Orchestra Long Island as submitted.

Discussion held.

Motion carried unanimously.

President Krauthamer presented a memorandum of agreement between Local 802 and producer Eric Krebs for the production of Romeo and Bernadette and reported on the issues pertaining to those negotiations.

It was moved and seconded to approve the memorandum of agreement as submitted.

Discussion held.

Motion carried unanimously.

Member Kent Tritle present.

Tritle requested a waiver of the cancellation provision of the Single Engagement Concert Agreement pertaining to a performance by Musica Sacra at Carnegie Hall, to permit the engagement to be postponed.

Executive Board member Donovan excused at 12:26.

Tritle excused.

Discussion held.

Board recessed at 1:02

Paisner excused at 1:02

Board reconvened at 1:16.

Fisher reported on the status of negotiations for a successor collective bargaining agreement between Local 802 and Westchester Philharmonic.

Discussion held.

Recording Vice President Schwartz reported on the status of the transition of new Local 802 officers.

Discussion held.

Krauthamer presented a draft of a memorandum of agreement between Local 802 and New York City Ballet.

Executive Board member Davis excused at 1:49.

Executive Board member Cohen excused at 2:10.

Krauthamer reviewed the terms of side letters to the New York City Ballet Memorandum of Agreement.

Discussion held.

Krauthamer reported on his transition document sent to incoming president Tino Gagliardi reviewing open grievances.

Discussion held.

Krauthamer reported on the payment made to members of the orchestra at Radio City Music Hall for the shutdown of performances due to the pandemic.
Discussion held.

Krauthamer offered closing comments to the board at this last meeting of the administration.

Discussion held.

Meeting adjourned at 2:44 pm.

NOTE: The Executive Board did not meet on Tuesday, January 4, 2022

Tuesday, January 11, 2022

Meeting called to order at 11:05 A.M. by President Gagliardi via video conference necessitated by the need for social distancing relating to the COVID-19 pandemic. Present: Recording Vice President Mars, Financial Vice President Fisher, Executive Board Members Burridge, Krauthamer, Kainuma, Paisner, Hyde, Namkung, Cutler and Assael.

Discussion initiated by Executive Board member Hyde regarding Local 802 Bylaws Article VI Section 7 and Bylaw Article I, Section 5 (gg).

It was moved and seconded that the Executive Board comply with its obligations under the Local 802 Bylaws to appoint President Gagliardi Local 802 Executive Director and Financial Vice President Fisher and Recording Vice President Mars Local 802 Assistant Directors for the period January 1, 2022 through December 31, 2024.

Discussion held.

Motion carried unanimously.

Cohen present at 11:30 AM.

Minutes of December 29, 2021 were reviewed by the Executive Board.

It was moved and seconded to approve the minutes of December 29, 2021, as corrected.

Discussion held.

Motion carried unanimously.

Gagliardi reported on the lack of standardized Covid protocols among Broadway Theatres as well as ongoing discussions he was having with the Broadway League.

Gagliardi discussed the cancellation/postponement of a show at Radio City Music Hall.

Gagliardi reported on the commencement of negotiation for the Encores! Series at City Center.

Gagliardi reported on a potential grievance at New York City Ballet.

Cohen excused at 11:59 A.M.

Due to time constraints, Gagliardi allowed Local 802 IT Director Rob Mosher to present a report on the CCS computer system prior to his completion of the President’s report.

Mosher present at 12:00 PM. Mosher discussed problems that Local 802 has been having with CCS, the vendor hired to create a new computer operating system for Local 802, concerning the migration of data and information to CCS’ operating system and efforts being made by CCS to correct these problems.

Discussion held.

Cohen present at 1:06 P.M.

Mosher excused at 1:08 P.M.

Break- 1:09 P.M. through 1:20 P.M

President’s report continued.,

Gagliardi moved that Fisher be appointed as a delegate to the Hebrew Trades. Motion seconded.

Discussion held.

Motion carried unanimously.

Gagliardi reported on scheduling issues for the New York City Opera.

Gagliardi reported that he had appointed Mikael Elsila as Local 802 interim Chief of Staff.

Gagliardi discussed retainer of General Counsel to Local 802. Gagliardi presented the Executive Board with a proposed written retainer agreement for the law firm Cohen Weiss and Simon for payment on an hourly basis.

Discussion held.

It was moved and seconded to approve the proposed retainer agreement for the Law firm Cohen Weiss and Simon provided that billing statements would be brought to the Executive Board for their approval.

Discussion held.

Motion carried unanimously.

Krauthamer raised issues with respect to the closing of several Broadway and off Broadway shows.

Discussed held.

Assael excused at 2:09 P.M.

Gagliardi requested that Paisner withdraw a Bylaw amendment proposal to increase Executive Board Member’s compensation she had previously submitted for membership consideration.

Discussion of the request held.

The request was declined by Paisner, and the Executive Board did not take a position on the Bylaw amendment. It was suggested that further discussions on the amendment should be entertained at a subsequent Executive Board meeting.

Gagliardi made the following committee assignments:

Organizing and Education:Cutler, Krauthamer, Kainuma, Namkung, Cohen and Mars.

Building and Safety: Cutler, Assael, Hyde and Mars.

Covid Safety: Hyde, Namkung, Paisner, Assael, and Cutler.

Communications: Namkung, Burridge, Assael, Cutler and Hyde.

Finance: Cohen, Burridge, Paisner, Hyde, and Fisher.

Assael present at 2:27 P.M.

Mars presented his Recording Vice Presidents’ report.

Recording Vice President Mars made a motion for the Executive Board to approve the leave requests made by two Broadway musicians. The motion was seconded.

Motion carried unanimously.

Mars reported that an unfair labor practice charge filed against DCINY had been found meritorious by the National Labor Relations Board and that the NLRB would be issuing a complaint against DCINY if they refused to settle.

Mars reported on the status of the second payment that was due under a settlement agreement New York City Opera had entered into with Local 802 due to NYCO’s failure to adhere to the contractual guarantees set forth in its collective bargaining agreement.

Fisher presented her Financial Vice President’s report wherein the following issues were discussed:

Fisher made a motion for the Executive Board to approve a bill for legal services rendered by Case Arts Law in the amount of $15,898.69. Motion seconded.

Motion carried unanimously.

Fisher reported on the cancellation of a performance by Musica Sacra at Carnegie Hall.

Discussion held.

Fisher reported on the status of various negotiations in which she was involved.

Fisher updated the Executive Board on the Local 802’s account with Morgan Stanley.

Fisher advised the Executive Board that the contractual health fund short fall funds would opening in January, 2022.

Financial Vice President Fisher reported on the cancellation of a performance by the American Symphony Orchestra at Radio City Music Hall.

Meeting adjourned at 3:13 P.M.

Tuesday, January 18, 2022

Meeting called to order at 11:04 A.M. by President Gagliardi via video conference necessitated by the need for social distancing relating to the COVID-19 pandemic. Present: Gagliardi, Recording Vice President Mars, Financial Vice President Fisher, Executive Board Members Assael, Burridge, Cohen, Cutler, Hyde, Kainuma, Krauthamer, Namkung and Paisner.

Minutes of January 11, 2022 were reviewed by the Executive Board.

Discussion held.

It was moved and seconded to approve the minutes of January 11, as corrected.

Motion carried unanimously.

Motion made and seconded to approve The American Federation of Musician’s (AFM) First Quarter 2022 emergency pandemic policy and waiver with respect to Local 802 Executive Board and membership meetings. It was noted that this policy, if adopted, will require Local 802 to conduct these meetings in accordance with the policy that the AFM International Executive Board has established for electronic meetings. It was further remarked that the policy also waives the requirement for secret ballot voting on business considered by the membership at membership meetings subject to unanimous approval of the members. In place of a secret ballot vote, it was recommended that the Recording Vice President count votes by a show of hands. The policy and waiver will be effective through March 31, 2022.

Discussion on motion.

Motion carried unanimously.

Gagliardi remarked that he would be meeting with general counsel to discuss ongoing legal issues involving Local 802. Items for discussion include among other things an arbitration demand Local 802 had filed against Radio City Music Hall as well as New York City Ballet’s use of a tape for a newly composed ballet performance.

Gagliardi remarked that there were ongoing Covid 19 issues with the Broadway bargaining unit and that he would be discussing these issues at next week’s Executive Board meeting.

Gagliardi discussed the need for preparatory material for the Encores! negotiation.

Gagliardi recommended and the Executive Board agreed that the February 2, 2022 membership meeting would be held electronically in accord with the newly adopted emergency pandemic policy and waiver.

Discussion held regarding a proposal made by former member Gene Carr to gauge membership interest in the formation of a company that would provide training to musicians for part time employment in computer and related technology fields. It was suggested that additional information about this proposal be acquired.

Krauthamer raised an issue with respect to the interim budget for Local 802 and the time frame for the creation and submission of a revised budget to the Executive Board for approval.

Discussion held.

Krauthamer raised an issue with respect to news articles published concerning shows closing on Broadway.

Discussion held.

Mars announced that the first meeting of the building safety committee had been scheduled. Issues regarding the metrics to be used to determine the time frame for reopening the building to members and the proper protocols to be used for entry were discussed.

Mars discussed LS 1 filings and the necessity for finding ways to make the LS 1 filing and review process more streamlined. It was suggested that this matter be taken up by the Board in depth at a subsequent meeting.

Mars reported on settlement progress on the unfair labor practice charge that had been filed against DCINY.

Mars discussed the initiation of negotiations with the Kaufman Music Center and Midori and Friends.

Mars moved for the Executive Board to approve the leave requests made by two Broadway musicians.

Motion seconded.

Motion carried unanimously.

Local 802 Controller Alla Emelianova present at 12:13 pm. Emelianova reviewed the Local 802 to profit and loss report for the period January 2021 through November 2021.

Discussion held.

Emelianova discussed the amounts currently contained in the Local 802 strike fund and certificate of deposits.

Emelianova remarked that the payroll protection loan that Local 802 had received is not reflected in the budget and that she was waiting to hear back from the SBA as to the amount of loan forgiveness for which Local 802 qualified.

Emelianova excused at 12.45 p.m.

Cohen requested that the profit and loss detail and the Morgan Stanley investment report be received by the Executive Board prior to its next meeting.

A question was raised regarding the scope and purview of the finance committee.

Discussion held regarding finance committee responsibilities.

Hyde requested that the finance committee have a separate meeting with the Controller.

Break 12:52 p.m. – 1:02 p.m.

Hyde appeared only by telephone at 1:03 p.m.

Krauthamer provided additional details as to how the Local 802 2021 budget had been formulated.

Paisner commented on the application of work dues and the means by which payments were previously made prior to the pandemic. A suggestion was made that work dues be paid before recording checks are mailed to members.

Fisher reported that the issue created by Music Sacra’s Carnegie Hall performance cancelation had been satisfactorily resolved.

Fisher mentioned that Local 802 financial guidelines would be updated.

Fisher suggested that Morgan Stanley come to the Executive Board in February 2022 to review Local 802 investments.

Fisher noted that the employer shortfall funds would be opening January 19, 2022.

Cutler made a request that an e-mail go out to the membership regarding the opening of the shortfall funds.

Fisher provided an update on union membership and the status of resignation requests.

Gagliardi requested a list of newly resigned members.

Fisher reported the status of the single engagement checks have been deposited.

Fisher reported on the status of ongoing negotiations.

Discussion held regarding the Executive Board compensation bylaw amendment submission at the upcoming membership meeting.

Motion to adjourn.

Motion seconded.

Meeting adjourned at 1:47p.m.