Allegro

Executive Board Minutes

June 28, 2022 to August 16, 2022

Volume 122, No. 8September, 2022

Tuesday, June 28, 2022

Meeting called to order at 11:12 A.M. by President Gagliardi. Present in person: Recording Vice President Mars, Financial Vice President Fisher, Executive Board Members Assael, Burridge, Cohen and Cutler. Present by video conference: Executive Board members DeRosa, Kainuma and Namkung.

Minutes of the June 21, 2022 meeting were reviewed by the Executive Board.

Hyde present electronically at 11:18 A.M.

Motion made and seconded to approve the minutes of the June 21, 2022 meeting, as corrected.

Discussion held.

Motion carried unanimously.

Gagliardi presented a draft statement from the Local 802 Executive Board concerning the United States Supreme Court’s decision to reverse Roe v. Wade.

Discussion held.

Hyde excused at 11:24 A.M.

Gagliardi presented a memorandum of agreement between Inside Broadway Theatre Company and Local 802.

Motion made and seconded to approve the memorandum of agreement between Inside Broadway Theatre Company and Local 802.

Discussion held.

Motion carried unanimously.

Gagliardi presented a memorandum of agreement between Skid Row Downtown LLC and Local 802 for the Off Broadway production of Little Shop of Horrors.

Motion made and seconded to approve the memorandum of agreement between Skid Row Downtown LLC and Local 802 for the Off Broadway production of Little Shop of Horrors.

Discussion held.

Motion carried unanimously.

Gagliardi presented a memorandum of agreement between AMT Theatre and Local 802 adopting the Commercial Off Broadway Area Standards agreement for the period August 16, 2021 through August 15, 2024 with modifications for its current production of An Unbalanced Mind.

Motion made and seconded to approve the memorandum of agreement between AMT Theatre and Local 802 adopting the Commercial Off Broadway Area Standards agreement for the period August 16, 2021 through August 15, 2024 with modifications for its current production of An Unbalanced Mind.

Discussion held.

Motion carried unanimously.

Gagliardi presented a memorandum of agreement between DR Theatrical Management and Local 802 for the Off Broadway production of Between the Lines.

Hyde present at 11:43 P.M.

Motion made and seconded to approve the memorandum of agreement between DR Theatrical Management and Local 802 for the Off Broadway production of Between the Lines.

Discussion held.

Motion carried unanimously.

Gagliardi reported on the preliminary results of the Withum audit of Local 802 fiscal policies.

Discussion held.

Discussion held regarding Local 802 staffing issues.

Motion made and seconded to approve the leave of absence requests of two Broadway musicians.

Discussion held.

Motion carried unanimously.

Mars reported on negotiations between DCINY and Local 802.

Mars reported on the memorial celebration held in the Local 802 clubroom on June 25, 2022 for John C. “Jack” Gale.

Hyde excused at 11:54 A.M.

Mars reported on the submission of letters by two state legislators in support of Local 802’s efforts to organize Resorts World Casino.

Mars reported that the memorandum of agreement between Midori & Friends and Local 802 had been ratified by the bargaining unit.

Mars reported on negotiations between the Organization of Union Representatives and Local 802.

Mars reported on negotiations between Local 153 OEIPU and Local 802.

Mars reported on the receipt of replacement recording checks for fifty stale checks.

Local 802 Controller Alla Emelianova present at 12:15 P.M.

Emelianova reported on Local 802’s April 2022 Profit and Loss spreadsheet.

Discussion held.

Emelianova excused at 12:35 P.M.

Hyde present at 12:38 P.M.

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

Fisher reported on negotiations between the Hora Decima brass ensemble and Local 802.

Discussion held regarding ASO hiring practices and use of electronic media.

Discussion held regarding AFM’s statement regarding the United States Supreme Court’s decision to overturn Roe v. Wade.

Motion made and seconded to adjourn the meeting.

Discussion held.

Motion carried.

Meeting adjourned at 12:55 P.M.

Note: The Executive Board did not meet on Tuesday, July 5

Tuesday, July 12, 2022

Meeting called to order at 11:16 A.M. by President Gagliardi. Present in person: Recording Vice President Mars, Financial Vice President Fisher, Executive Board Members Assael, Burridge, Cohen, Hyde, and Namkung. Present electronically: Executive Board Members DeRosa, Kainuma and Phillips.

Minutes of the June 29, 2022 meeting were reviewed by the Executive Board.

Motion made and seconded to approve the minutes of the June 29, 2022 meeting, as corrected.

Discussion held.

Motion carried unanimously.

Gagliardi reported on a conference call with International Conference of Symphony and Opera Musician delegates.

Gagliardi reported on negotiations between the New York City Opera and Local 802.

Discussion held.

Gagliardi reported on negotiations between New York City Center Encores! and Local 802.

Gagliardi reported on negotiations between Roundabout Theatre Company and Local 802.

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

Discussion held regarding the applicability of New York’s sick pay laws to freelance orchestra musicians.

Gagliardi reported on a grievance Local 802 filed against the Broadway production of Paradise Square for non-payment of wages and employee benefit contributions.

Discussion held regarding Covid 19 testing protocols for Broadway musicians.

Burridge reported on the Radio City Christmas Show orchestra committee’s proposed voter eligibility requirement for ratification of the Radio City Christmas Show’s collective bargaining agreement.

Discussion held.

Motion made and seconded to approve voter eligibility for any musician who has: (1) held a split chair in the previous three (3) seasons of the Radio City Christmas Show and/or (2) played fifty (50) shows cumulatively within the past three (3) seasons (as defined by $1,500 in health contributions).

Discussion held.

Motion carried unanimously.

Phillips excused at 11:57 A.M.

Morgan Stanley Representatives Keith Dressel and Cynthia Lachnicht present electronically at 12:02 P.M. Dressel and Lachnicht presented reports detailing Local 802’s investment portfolio.

Discussion held.

Dressel and Lachnicht excused at 12:25 P.M.

Local 802 Staff Representative Logan Dolamore present at 12:27 P.M.

Dolamore presented a Reading Agreement between William Keith Herbert and Local 802 for the development of Herbert’s theatrical production “The Journey Home.”

Discussion held.

Dolamore excused at 12:35 P.M.

Motion made and seconded to approve the Reading Agreement between William Keith Herbert and Local 802 for the development of Herbert’s theatrical production “The Journey Home.”

Discussion held.

Motion carried unanimously.

Gagliardi reported on the Ukrainian Peace Orchestra’s upcoming benefit performance with volunteers from the MET Opera Orchestra and the New York Philharmonic.

Discussion held.

Fisher reported on negotiations between Hora Decima and Local 802.

Fisher reported on the status of Local 802 membership card printing.

Fisher reported on the deadline established for submitting freelance orchestra shortfall fund applications.

Fisher reported on the deadline established for submitting LS 1 contracts.

Discussion held.

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

Fisher reported on negotiations between the New York Gilbert and Sullivan Players and Local 802.

Burridge excused 1:24 P.M.

Motion made and seconded to approve the leave of absences requests of eight Broadway musicians.

Discussion held.

Motion carried unanimously.

Mars presented a Memorandum of Agreement between Local 802 and the Organization of Union Representatives.

Motion made and seconded to approve the Memorandum of Agreement between Local 802 and the Organization of Union Representatives.

Discussion held.

Motion carried unanimously.

Mars reported on the status of Local 802’s casino organizing campaign.

Mars reported on Local 802 Organizing Director John Pietaro’s attendance at Josh Groban’s  concert at Bethel Woods Center for the Arts.

Discussion held.

Mars reported on negotiations between Showtime at the Apollo and Local 802.

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

Executive Board called into executive session at 1:42 P.M.

Executive session concluded at 1:55 P.M.

Local 802 staffing issues discussed.

Discussion held regarding the AFM-Employers’ Pension Fund.

Motion made and seconded to adjourn the meeting.

Discussion held.

Motion carried unanimously.

Meeting adjourned at 2:14 P.M.

NOTE: The Executive Board did not meet on Tuesday, July 19

Tuesday, July 26, 2022

Meeting called to order at 11:13 A.M. by President Gagliardi. Present in person: Recording Vice President Mars, Executive Board Members Burridge, Cutler, Hyde, Kainuma and Namkung. Present by video conference: Financial Vice President Fisher, Executive Board Members Assael, Cohen and DeRosa.

Minutes of the July 12, 2022 meeting were reviewed by the Executive Board.

Motion made and seconded to approve the minutes of the July 12, 2022 meeting, as corrected.

Discussion held.

Motion carried unanimously

Motion made and seconded to adopt the Executive Board poll approving the Memorandum of Agreement between Hora Decima and Local 802.

Discussion held.

Motion carried unanimously.

Fisher presented a Memorandum of Agreement between the Westchester Philharmonic an Local 802.

Discussion held.

Motion made and seconded to approve the Memorandum of Agreement between the Westchester Philharmonic and Local 802 conditioned on the replacement of the word equal with the word equitable in Article 7 (b) of the MOA.

Discussion held.

Motion carried. Mars opposed.

Discussion held regarding the American Symphony Orchestra’s hiring practices.

Local 802 Controller Alla Emelianova present at 11:59 A.M.. Emelianova reviewed Local 802’s May, 2022 profit and loss statement.

Discussion held.

Emelianova excused at 12:20 P.M.

Discussion continued regarding American Symphony Orchestra’s hiring practices.

Fisher excused at 12:23 P.M.

Gagliardi reported on the obligations of Local 802 approved contractors.

Gagliardi reported on a grievance meeting between Local 802 and the Broadway League regarding the termination of a musician.

Discussion held regarding Local 802 personnel hiring.

Assael excused at 1:00 P.M.

Cohen excused at 1:01 P.M

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

Discussion held.

Motion made and seconded to approve the leave of absence requests of two Broadway musicians.

Discussion held.

Motion carried unanimously.

Mars reported on a labor rally planned at the New School.

Mars reported on additional replacement checks received from NBC and Extreme Reach.

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

Mars reported on negotiations between DCINY and Local 802.

Mars reported on the status of Local 802’s casino organizing campaign.

Mars reported that duct work had been completed on the third and fourth floors of the Local 802 building. Mars reported that the collective bargaining agreement between the Organization of Union Representatives and Local 802 had been ratified.

Motion made and seconded to approve a $2,244 monthly invoice from Divergent HVAC Solutions LLC.

Discussion held.

Motion carried unanimously.

Gagliardi reported on an issue regarding the Broadway production of Moulin Rouge.

Local 802 Senior Business Rep Marisa Friedman present telephonically at 1:28 P.M.

Friedman presented requests by NYSNA, RWDSU and the Bronx Arts Ensemble to utilize Local 802 public service rates.

Friedman excused at 1:33PM

Motion made and seconded to approve the NYSNA, RWDSU and the Bronx Arts Ensemble’s requests to utilize Local 802 public service rates.

Discussion held.

Motion carried unanimously.

Discussion held regarding a proposed presentation to the membership by the AFM-Employers’ Pension Fund.

Local 802 Director of Organizing John Pietaro present at 1:48 P.M.

Discussion held regarding Local 802 organizing projects.

Discussion held regarding a concert presented by the Broadway Sinfonietta.

Pietaro excused at 2:12 P.M.

Motion made and seconded to adjourn meeting

Discussion held.

Motion carried unanimously.

Meeting adjourned at 2:14 P.M.

Tuesday, August 2, 2022

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 and Hyde. Present by video conference: Executive Board Members Assael, Cutler, DeRosa, Kainuma and Namkung.

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

Motion made and seconded to approve the minutes of the July 26, 2022 meeting, as corrected.

Discussion held.

Motion carried unanimously.

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

Gagliardi reported on a grievance meeting with the Broadway League.

Gagliardi reported on the status of MET and New York Philharmonic musicians performing in  a concert with the Ukrainian Freedom Orchestra.

Gagliardi reported on the upcoming ICSOM conference.

Discussion held regarding outstanding issues between Local 802 and the Broadway League

Discussion held regarding the status of the Withum audit.

Jessica Phillips present electronically at 11:44 A.M.

Gagliardi presented a schedule B limited pressing sound recording agreement between Sh-K- Boom Records, LLC and Local 802 for the Between the Lines Off Broadway cast album.

Motion made and seconded to approve the schedule B limited pressing sound recording agreement between Sh-K- Boom Records, LLC and Local 802 for the Between the Lines Off Broadway cast album.

Discussion held.

Motion carried unanimously.

Fisher reported on her attendance at the ROPA conference.

Discussion held.

Phillips excused at 12:12 P.M.

Discussion held regarding ASO’s hiring practices.

Discussion held regarding ASO orchestra committee elections.

Namkung excused at 12:23 P.M.

Assael excused at 12:30 P.M.

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

Mars reported on an extension agreement entered into between the 92nd Street Y’s “Jazz in July” festival and Local 802.

Mars presented a Memorandum of Agreement between The Performing Arts Center of Suffolk County d/b/a The Gateway and Local 802.

Motion made and seconded to approve the Memorandum of Agreement between The Performing Arts Center of Suffolk County d/b/a The Gateway and Local 802.

Discussion held.

Motion carried unanimously.

Mars reported on a meeting between Jon Batiste’s representatives and Local 802 regarding Batiste’s upcoming Carnegie Hall concert.

Motion made and seconded to approve the leave of absence requests of two Broadway musicians.

Discussion held.

Motion carried unanimously.

Motion made and seconded to approve a $1,400 invoice from Divergent HVAC Solutions LLC for maintenance on Local 802’s HVAC system.

Discussion held.

Motion carried unanimously.

Motion made and seconded to approve a $4,386.03 invoice from LD Mechanical for ductwork modification and air balancing for the third and fourth floors of the Local 802 building.

Discussion held.

Motion carried unanimously.

Local 802 Chief of Staff Dan Point present electronically at 1:55 P.M.

Discussion held.

Point excused at 2:07

Discussion held regarding building remodeling proposals.

Motion made and seconded to adjourn the meeting.

Discussion held.

Motion carried unanimously.

Meeting adjourned at 2:14 P.M.

Tuesday, August 9, 2022

Meeting called to order at 11:15 A.M. by President Gagliardi. Present in person: Recording Vice President Mars, Financial Vice President Fisher, Executive Board Members Assael, Burridge, Hyde, and Namkung. Present by video conference: Executive Board Members Cohen, Cutler, DeRosa and Kainuma.

Local 802 Chief of Staff Daniel Point present at 11:16 A.M.

Point reported on upcoming Congressional candidate interviews.

Minutes of the August 2, 2022 meeting were reviewed by the Executive Board.

Motion made and seconded to approve the minutes of the August 2, 2022 meeting, as corrected.

Discussion held.

Motion carried unanimously.

Gagliardi reported on a Broadway negotiation committee meeting.

Gagliardi reported on a grievance meeting between Local 802 and the Broadway League regarding the termination of a musician.

Gagliardi reported on his attendance at an AFM-EPF Trustees’ meeting.

Discussion held regarding AFM-EPF Trustees’ meeting.

United States House of Representatives New York Congressional District 10 candidate New York City Council Member Carlina Rivera present electronically at 12:02 P.M.

Discussion held.

Rivera excused at 12:25 P.M.

Discussion resumed regarding AFM-Employers’ Pension Fund Trustees’ meeting.

United States House of Representatives New York Congressional District 10 candidate U.S. Representative Mondaire Jones present electronically at 12:31 P.M.

Discussion held.

Mondaire excused at 12:47P.M.

Motion made and seconded to endorse Rivera’s candidacy as U.S. Representative for the 10th Congressional District of New York.

Discussion held.

Motion carried unanimously.

Motion made and seconded to endorse Jerry Nadler’s candidacy as U.S. Representative for the 12th Congressional District of New York.

Discussion held.

Motion carried unanimously.

Cutler excused at 1:05 P.M.

Motion made and seconded to approve Bronx Arts Ensemble’s use of Local 802 public service rates for August 20th and August 27th performances.

Discussion held.

Motion carried unanimously.

Discussion held regarding delivery of Local 802 membership cards.

Discussion held regarding resumption of a print version of Local 802’s Allegro magazine.

Discussion held regarding resumption of Allegro editorial board meetings.

Fisher reported on a meeting between Local 802 and the Center for Contemporary Opera.

Fisher reported on the ratification of the Westchester Philharmonic agreement.

Discussion held.

Fisher reported on an upcoming New York Gilbert and Sullivan Players’ Committee meeting.

Assael excused at 1:14 P.M.

Namkung excused at 1:16 P.M.

Mars reported on the receipt of 54 replacement checks from NBC.

Mars reported on negotiations between DCINY and Local 802.

Mars reported on the receipt of a side-letter agreement from the Performing Arts Center of Suffolk County d/b/a The Gateway agreeing to the AFM-Employer’s Pension Fund’s rehabilitation plan.

Mars reported on the receipt of a side letter form Jazz at Lincoln Center agreeing to statutorily required Diversity, Equity and Inclusion language.

Mars reported on a labor rally scheduled for September 15, 2022 at the New School.

Mars reported on a discussion between Local 802 Organizing Director John Pietaro and WQXR regarding the possibility of a promotional event for Local 802.

Discussion held regarding a performance at Zankel Hall by “Superyou”.

Motion made and seconded to adjourn meeting.

Discussion held.

Motion carried unanimously.

Meeting adjourned at 2:05 P.M.

Tuesday, August 16, 2022

Meeting called to order at 11:18 A.M. by President Gagliardi. Present in person: Recording Vice President Mars, Financial Vice President Fisher, Executive Board Members Burridge, Namkung and Chief of Staff Point. Present by video conference: Executive Board Members Assael, Cohen, Cutler, DeRosa, Kainuma.

Minutes of the August 9, 2022 meeting were reviewed by the Executive Board.

Motion made and seconded to approve the minutes of the August 9, 2022 meeting, as corrected.

Discussion held.

Motion carried unanimously.

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

Discussion held.

Motion made and seconded to approve the expenditure of $29,664.37 for legal services rendered by the law firm Cohen Weiss and Simon for the months of June and July, 2022.

Discussion held.

Motion carried unanimously.

Motion made and seconded to approve the expenditure of $1,750 for the expense of calculating Local 802’s withdrawal liability to the Local 153 Pension Fund.

Discussion held.

Motion carried unanimously.

Motion made and seconded to affirm the board poll approving N.G. Slater Company’s proposal to create shirts and hats displaying the Local 802 AFM logo at the cost of $5,059.67.

Cohen objected to the expenditure.

Discussion held.

Motion carried unanimously.

Motion made and seconded to approve the leave of absence of a Broadway musician.

Discussion held.

Motion carried unanimously.

Discussion held regarding Local 802’s air conditioning system.

Mars reported on upcoming negotiations between club date employers and Local 802.

Mars reported on negotiations between DCINY and Local 802 and a Town Hall meeting scheduled for August 28, 2022 with members of the DCINY Orchestra.

Mars reported on upcoming negotiations between the Apollo Theatre and Local 802.

Mars reported on the employment of a band for a labor rally scheduled at The New School.

Mars reported on the employment of a band for the Local 802 Labor Day Parade float.

Mars reported on a meeting with jazz club owner Spike Wilner.

Motion made and seconded to approve the expenditure of $2,041.41 to pay LCO Group’s invoice for services related to Local 802’s information technology system.

Discussion held.

Motion carried unanimously.

Fisher reported on the Local ‘s August, 2022 profit and loss statement.

Fisher reported on an upcoming meeting with Orchestra Lumos.

Fisher reported on meeting with the New York Gilbert and Sullivan Players negotiation committee.

Discussion held regarding meeting with the City Center Encores! negotiation committee.

Point discussed purchasing tickets for Union Strong Night at Citi Field.

Discussion held regarding the contents of an audition advertisement for the Radio City Christmas Show.

Discussion held regarding the appointment of new Delegates to the Central Labor Council.

Motion made and seconded to adjourn meeting.

Discussion held.

Motion carried unanimously.

Meeting adjourned at 12:25 P.M.