Tuesday, April 26, 2022

Hybrid in person meeting called to order at 11:18A.M. by President Gagliardi. Present in person: Recording Vice President Mars, Financial Vice President Fisher, Executive Board Members Assael, Burridge, and Hyde. Present virtually Cohen, Kainuma and Namkung.

Minutes of April 19, 2022 were reviewed by the Executive Board.

It was moved and seconded to approve the minutes of the April 19, 2022 meeting, as corrected.

Discussion held.

Motion carried unanimously.

Gagliardi reported that Julia DeRosa and Jessica Phillips wee selected from the Executive Board poll to fill two vacant Executive Board positions.

Motion made and seconded to approve the selection of DeRosa and Phillips to fill the vacant Executive Board positions.

Discussion held.

Moton carried unanimously.

Discussion held regarding the future process for selection of new board members.

Phillips present virtually at 11:38 A.M.

Local 802 Controller Alla Emelianova present at 11:42 P.M.

Emelianova presented Local 802’s February, 2022 profit and loss statement.

Discussion held.

Emelianova excused at 11:56 A.M.

Gagliardi presented invoices for legal services performed by Cohen Weiss and Simon during the months of February and March 2022.

Motion made and seconded to approve the expenditure of $8,821.41 to pay legal services invoices for Cohen Weiss and Simon.

Discussion held.

Motion passed unanimously.

Gagliardi requested that a reason be given if a board member is not able to attend a meeting in person.

Gagliardi reported on a discussion he had with a real estate agent concerning the rental of vacant six floor offices.

Gagliardi reported on a negotiation he had with the Broadway League regarding Covid 19 safety protocols.

Gagliardi reported on a discussion he had with the Broadway League regarding application of the New York Paid Sick Pay law to bargaining unit members.

Gagliardi reported on status of New York City Center Encores! negotiations.

Discussion held.

Gagliardi reported on a legal opinion from Cohen Weiss and Simon recommending the retention of an independent auditor/consultant to review Local 802’s financial transactions, transaction processing and related policies.

Discussion held.

Gagliardi reported on a formal proposal from Withum for consulting and accounting services to review Local 802’s financial transactions, transaction processing and related policies.

Local 802 General Counsel Susan Davis present at 12:20 P.M. to discuss Withum’s proposal.

Discussion held.

Davis excused at 12:40 P.M.

Motion made and seconded to approve the engagement of Withum for consulting and accounting services to review Local 802’s financial transactions, transaction processing and related policies.

Discussion held.

Motion passed unanimously.

DeRosa present virtually at 1:10 P.M.

Gagliardi administered the oath of office to DeRosa, Phillips and Namkung as Executive Board members.

Motion made and seconded for approval of a leave of absence requested by a Broadway musician.

Discussion held.

Motion passed unanimously.

Mars presented an invoice for $2,581.07 from LD Mechanical for installation of Room B’s air damper control.

Motion made and seconded to approve the expenditure of $2,581.07 to pay the LD Mechanical invoice.

Discussion held.

Motion passed unanimously.

Mars reported on the status of the DCINY negotiations.

Motion made and seconded to approve the expenditure of $250 from Local 802’s public relations budget for creation of larger campaign buttons for the DCINY bargaining unit.

Discussion held.

Motion passed unanimously.

Mars discussed a request made by a softball team Local 802 members belong to for $750 towards the entry fee for the Performing Arts Softball League.

Motion made and seconded for the expenditure of $750 for the team’s entry fee from Local 802’s public relations budget.

Discussion held.

Motion passed unanimously.

Mars reported on a meeting that Local 802 had with Resorts World Casino concerning entry into a collective bargaining agreement covering its musicians.

Gagliardi reported on meeting he had with Juilliard students concerning union membership.

Gagliardi reported that Local 802 had obtained a single engagement collective bargaining agreement covering musicians who will be performing with The Who at Bethel Woods.

Mars reported on his receipt of letter from Jon Batiste’s counsel regarding Batiste’s May 7, 2022 performance at Carnegie Hall.

Gagliardi appointed DeRosa and Phillips to the Local 802 Education and Organizing committee.

Fisher presented a revised Local 802 financial policy.

Motion made and seconded to approve the revised Local 802 financial policy.

Fisher reported that Jon Kantor had returned the cello that had been missing from Local 802.

Fisher reported on a meeting with the New York Pops regarding a grievance involving its failure to pay musicians who were not rehired to perform a rescheduled Nelson Riddle concert.

Fisher reported on development of proposals for negotiations between Orchestra of Saint Luke’s and Local 802.

Fisher reported on status of Westchester Symphony negotiations.

Discussion held.

Fisher reported on the New York Pops’ utilization of a nonunion copyist.

Discussion held regarding an invoice in the amount of $7,036 from Insight for a perpetual license for Local 802’s server’s software.

Discussion held regarding Local 8082 personnel issues

Burridge reported on Theatre Committee meeting with Muse regarding Broadway hiring practices.

Discussion held.

Motion made and seconded to adjourn the meeting.

Motion passed unanimously.

Meeting adjourned at 2:48 P.M.

NOTE: The Executive Board did not meet on May 3, 2022 due to lack of a quorum.

Tuesday, May 10, 2022

Hybrid/in-person meeting called to order at 11:04 A.M. by President Gagliardi. Present in person: Financial Vice President Fisher, Executive Board Members Burridge, Hyde and Namkung. Present virtually Recording Vice President Mars, Assael, Cohen, Cutler, DeRosa and Kainuma.

Minutes of April 26, 2022 were reviewed by the Executive Board.

It was moved and seconded to approve the minutes of April 26, 2022 meeting, as corrected.

Discussion held.

Motion carried unanimously.

Gagliardi reported on a meeting scheduled with Resort World Casinos on May 13, 2022.

Gagliardi reported on negotiations with Jon Batiste regarding his postponed performance at Carnegie Hall.

Discussion held.

DeRosa and Kainuma excused at 11:25 A.M.

Discussion held regarding filling staff positions at Local 802.

Gagliardi reported on the negotiation of Broadway League and Local 802 health and safety protocols.

Motion made and seconded to adopt the board poll approving the Broadway League and Local 802 health and safety protocols.

Discussion held.

Motion carried unanimously.

Hyde reported on a meeting the building committee had with David Smith of L.D. Mechanical and a report issued by B & L regarding air circulation and exchange rates in the Local 802 building.

Hyde presented recommendations from the building committee regarding reopening additional portions of the Local 802 building.

Discussion held.

Cutler excused at 12:01 P.M.

Motion made and seconded to accept the building committee’s recommendations, in part.

Discussion held.

Motion carried unanimously.

Motion made and seconded for approval of leave requests made by six Broadway musicians.

Discussion held.

Motion carried unanimously.

Motion made and seconded for the Board to concur with the results of its e-mail poll accepting the Queens Symphony Orchestra’s memorandum of agreement with Local 802 for the period September 12, 2021 through September 11, 2024 and recommending it to be submitted for ratification.

Discussion held.

Motion carried unanimously.

Motion made and seconded for the Board to adopt the results of its poll agreeing to the expenditure of $7,036 to pay Insight’s invoice for a perpetual license for Local 802’s server’s software.

Discussion held.

Motion carried unanimously.

Local 802 Principal Business Rep Todd Weeks present electronically at 12:26 PM

Kainuma present electronically at 12:27 P.M.

Weeks reviewed a proposed successor collective bargaining agreement between Seven String Limited and Local 802.

Discussion held.

Gagliardi agreed to discuss Seven String Limited agreement’s health insurance coverage with the Board of Trustees of the Local 802 Musicians Health Fund at their next meeting.

Local 802 Jazz Advisory Committee Member Ken Hatfield present electronically at 12:45 P.M.

Hatfield reported on the SMART (Strengthening Measures to Advance Rights Technologies) Copyright Act that was recently introduced in the United States Senate and requested Local 802 to support this legislation.

Discussion held.

Hatfield excused at 1:09 P.M.

Weeks excused at 1:09 P.M.

Mars reported on the status of the negotiations between DCINY and Local 802.

Discussion held.

Mars reported on a meeting with the United Auto Workers Local 7902’s president and organizing staff regarding the status of their negotiations with The New School.

Mars reported on the status of negotiations between the Kaufman Center and Local 802.

Mars reported on the status of a severance agreement being negotiated for a former Kaufman Center faculty member.

Mars reported on the negotiations between Midori and Friends and Local 802.

Mars reported on the status of Local 802’s search for organizing staff.

Fisher reported on the Bronx Arts Ensemble’s 50^th anniversary gala.

Motion made and seconded to approve the expenditure of $250 from the Local 802 public relations budget for a ticket for Fisher to attend the Bronx Arts Ensemble’s 50^th anniversary gala.

Fisher reported on the status of the negotiations between the Westchester Philharmonic and Local 802.

Fisher reported on the negotiations between the School of American Ballet and Local 802.

Fisher reported on the status of the negotiations between the American Composers Orchestra and Local 802.

Fisher reported on the negotiations between the Orchestra of St. Luke’s and Local 802.

Fisher reported that Local 802 hired a new Director of Information Technology.

Discussion held.

Assael excused at 1:25 PM

Local 802 Senior Business Rep Marisa Friedman present at 1:26 P.M.

Friedman reported on the York Theatre Company’s request to utilize limited pressing recording rates for its cast album recording of “Penelope”.

Friedman reported on the Orchestra of Long Island’s request to utilize public service scale rates for its rehearsal and performance on July 16, 2022 at Heckscher State Park, East Islip, New York.

Friedman reported on North/South Consonance’s request to utilize public service scale rates for rehearsal and performances on June 2, 9 and 14, 2022.

Friedman excused at 1:32 P.M.

Motion made and seconded to approve the York Theatre Company’s request to utilize limited pressing recording rates for its cast album recording of “Penelope”.

Discussion held.

Motion carried unanimously.

Motion made and seconded to approve the Orchestra of Long Island’s request to utilize public service scale rates for its rehearsal and performance on July 16, 2022 at Heckscher State Park, Eat Islip, New York.

Discussion held.

Motion carried unanimously.

Motion made and seconded to approve the North/South Consonance’s request to utilize public service scale rates for rehearsal and performances on June 2, 9 and 14, 2022.

Discussion held.

Motion carried unanimously.

Gagliardi reported on the status of New York City Center Encores! negotiation with Local 802.

Discussion held.

Discussion held concerning a Netflix recording being made by The Orchestra Now.

Hyde reported on a social media posting by the Black Orchestra network.

Mars excused at 1:40 P.M.

Gagliardi called the meeting into Executive Session at 1:40 P.M.

Gagliardi called the meeting out of Executive session at 2:05 P.M.

Motion made and seconded to adjourn meeting.

Motion carried unanimously.

Meeting adjourned at 2:10 P.M.

Tuesday, May 17, 2022

Hybrid/in person meeting called to order at 11:10 A.M. by President Gagliardi. Present in person: Recording Vice President Mars, Financial Vice President Fisher, Executive Board Members Burridge, Cohen, Cutler, DeRosa, Kainuma, Namkung and Phillips. Present virtually Assael.

Minutes of May 10, 2022 were reviewed by the Executive Board.

It was moved and seconded to approve the minutes of May 10, 2022 meeting, as corrected.

Discussion held.

Motion carried unanimously.

Gagliardi requested a minute of silence for AFM Electronic Media Services Division Director Patrick Varriale.

Minute of silence observed.

Gagliardi reported on negotiations between the Broadway League and Local 802.

Discussion held regarding filling staff positions at Local 802.

Gagliardi reported on preparations for negotiation with Radio City Music Hall and the status of a pending arbitration between Radio City Music Hall and Local 802.

Motion made and seconded to adopt the second quarter AFM local union emergency pandemic policy permitting electronic executive board meetings.

Discussion held.

Motion carried unanimously.

Mars reported on negotiations between Midori and Friends and Local 802.

Mars reported on negotiations between DCINY and Local 802.

Mars reported on an unfair labor practice charge Local 802 filed against DCINY.

Discussion held.

Mars reported that Local 802 had hired a Director of Organizing.

Mars reported on negotiations between Seven String Limited and Local 802.

Discussion held.

Mars reported on repairs that are needed for the exterior of the Local 802 building.

Motion made and seconded to approve DGA Security’s $80,200.00 proposal to replace Local 802’s central station fire alarm system.

Discussion held.

Motion carried unanimously.

Motion made and seconded to approve the expenditure of $7,429.00 to pay Cohen Weiss and Simon’s invoice for legal services rendered for April 2022.

Discussion held.

Motion carried unanimously.

Discussion held regarding Broadway health and safety protocols.

Motion made and seconded to approve leave of absence requests made by six Broadway musicians.

Discussion held.

Motion carried unanimously.

Motion made and seconded to approve Asolo Repertory Theatre’s request to utilize schedule B limited pressing recording rates for its original cast recording of “Knoxville”.

Discussion held.

Motion carried unanimously.

Mars reported on Local 802’s discussions with Jon Batiste regarding his Carnegie Hall concert.

Mars reported on a Local 802 Emergency Relief Fund event unveiling a painting donated by Diane Charlap for the Local 802 clubroom.

Motion made and seconded to approve the Queens Symphony Orchestra’s request to utilize public scale rates for rehearsals and performances scheduled for May 27, May 29, and June 5, 2022.

Discussion held.

Motion carried unanimously.

Fisher reported on a settlement of a grievance filed against the New York Pops for its failure to rehire previously engaged musicians for a rescheduled performance.

Fisher reported that the New York Pops has not been complying with its collective bargaining agreement’s music preparation provision.

Fisher reported on negotiations between New Jersey Festival Orchestra and Local 802.

Fisher reported on negotiations between School of American Ballet and Local 802.

Fisher reported on negotiations between New York Scandia Symphony and Local 802.

Fisher reported on negotiations between American Composers Orchestra and Local 802.

Fisher reported on the Local 802 March profit and loss statement.

Fisher reported on staffing changes in the Local 802 membership department.

Gagliardi reported on the status of the Withum audit.

Discussion held.

Cohen excused at 1:43 P.M.

Discussion held regarding Local 802’s June 8, 2022 membership meeting.

Motion made and seconded to adjourn the meeting.

Motion carried unanimously.

Meeting adjourned 2:10 P.M.