TUESDAY, AUGUST 24, 1999

Meeting called to order at 11:48 a.m. Present: President Moriarity, Recording Vice-President Price, Executive Board members Bruno, Crow, Gale, Giannini, Rosen and Weiss, Controller Bogert. Financial Vice-President Landolfi excused while on vacation.

In accordance with Local 802 bylaws, motion made and carried unanimously to appoint Richard Simon as a member of the Executive Board to fill the vacancy created by the death of Andrew Lolya. Simon appeared and was informed of his appointment and congratulated by the board.

Aug. 17 minutes unanimously approved as amended.

Jazz Advisory Committee Liaison Owens present at 12:01 p.m.

Simon, who is a retired member of the NY Philharmonic orchestra, reported to the board that he had been asked by the orchestra’s committee to represent them as a delegate to the upcoming ICSOM conference in Vail, Colo., and had agreed to do so.

President Moriarity and Board member Giannini reported on their attendance at the Theatre Musicians’ Association conference in Chicago on Aug. 23 and 24. On the first conference day, discussion centered on the currently-suspended AFM Pamphlet B negotiations. Discussion held.

Business Rep Lennon appeared before the board to submit a signed agreement with Richard Frankel Productions for the workshop production of Swing. Lennon reported that the two musicians who were released by the producers will be paid $4,140, which is payment in full for the run of the workshop. Moriarity advised the board that he and Frankel had reached verbal agreement for Frankel to initiate discussions with other commercial producers with a view to standardizing terms and conditions with Local 802 for Broadway workshop productions. Motion made and carried unanimously to approve the workshop agreement.

Lennon reported to the board that requests by management for auditions of musicians for Broadway shows are increasing, and requested guidelines and clarification of audition procedures for this venue. Discussion held.

Moriarity reported that the scores for the production of Saturday Night Fever had been examined by the appointed committee of Executive Board member Giannini, Jazz Advisory Committee Liaison Owens and Theatre Committee members Rawdon, Goetz and Lawrence in response to the company’s request for special situation status. A letter from Rawdon detailing the committee’s analysis was read to the board. It indicated that, in the committee’s opinion, the scores do not meet the parameters and guidelines to qualify this production for special situation status.

Recording Vice-President Price excused at 1:00 p.m. for a medical appointment.

Moriarity advised the board of a meeting held with the musicians performing in the show It Ain’t Nothin’ But the Blues (see Aug. 17 minutes) to better formulate a response to a request from the show’s producers for relief from payment to the musicians for a week of non-performances plus travel. Discussion held. Motion made and carried unanimously to deny the request.

Meeting recessed at 1:15 p.m.

Meeting resumed at 2:15 p.m.

Present: Moriarity, Bruno, Crow, Gale, Giannini, Rosen, Simon and Bogert.

Senior Business Rep Donovan appeared before the board to submit an agreement between Local 802 and the Keep Bangin’ Co., LLC, 11 East 44th Street, New York, NY 10017 for a show entitled Keep Bangin’. Discussion held. Motion made and carried unanimously to approve.

Weiss present at 2:45 p.m.

Moriarity advised the board of monies available in the Recording and Claims funds which are in excess of those funds’ requirements. He proposed to the board that a portion of the excess be earmarked for contract administration and an organizing effort in the phonograph recording area. In particular, he proposed the acquisition of Soundscan, a software package which catalogues the sales of all CD recorded releases. It was pointed out that Local 47 uses this package for tracking phono recordings used in motion pictures.

In addition, Moriarity proposed that a portion of the excess be used to pay a collection agency fee for their work relating to an album performed in 1997 for Mystic Music for which the musicians have never been paid. The collection agency fee is 50 percent of any amount collected. Discussion held.

Business Rep Seymour appeared before the board at 3:10 p.m. to present a memorandum of understanding with George Gee Music Productions, 1275 First Avenue, Suite 144, New York, NY 10021. Discussion held. Motion made and carried unanimously to approve. Motion made and carried unanimously to grant the organization special to any members of George Gee’s bands who are not Local 802 members. Seymour excused.

Assistant Recording Supervisor Schaffner appeared before the board to explain the Soundscan software package referred to above. He indicated that use of the program would involve certain one-time installation costs, including the cost of dedicated equipment, and ongoing subscription costs. Discussion held. Price rejoined the meeting at 3:20 p.m. during the foregoing discussion. Motion made and carried unanimously to approve Schaffner’s development of a plan and budget, to be presented to the board within six weeks, to utilize Soundscan.

Motion made and carried unanimously to approve utilization of monies from the Recording and Claims funds to pay 50 percent of the collection fees for the Mystic Music album discussed above, with a maximum payment of $10,500. Schaffner excused at 3:40 p.m.

Moriarity presented a flyer from a cruise ship operator which announcing auditions for work on its ships. The operator’s intent was for the flyer to be published in Allegro. After discussion, it was decided to refer the flyer to the New Organizing Department.

The NYC Central Labor Council requested assistance for the victims of the earthquake in Turkey. Motion made and carried unanimously to donate $250 for Turkish Disaster Relief through the NYCCLC.

Legislative Director West submitted a budget for expenses for her attendance at the UCAHN conference on Oct. 22-24. The amount of $638 includes transportation, per diem, registration and miscellaneous costs. Motion made and carried unanimously to approve the $638 budget for West’s attendance at the UCAHN conference.

Moriarity administered the oath of office to Richard Simon.

Meeting adjourned at 3:48 p.m.

TUESDAY, SEPTEMBER 7, 1999

Meeting called to order at 11:35 a.m. by President Moriarity. Also present: Financial Vice-President Landolfi; Executive Board members Crow, Gale, Giannini, Hafemeister, Rosen and Weiss; Controller Bogert; Assistant to the President Dennison; and Jazz Advisory Committee Liaison Owens. Recording Vice-President Price excused to attend PBS negotiations at the AFM. Bogert took minutes of the meeting.

Aug. 24 minutes unanimously approved as amended. Board member Bruno present during the foregoing proceeding.

Board member Hafemeister, Controller Bogert and Assistant to the President Dennison excused from the meeting. Financial Vice-President Landolfi took the minutes for the ensuing discussion.

Moriarity reported on the current status of negotiations with O.U.R., the union representing business representatives at Local 802. Moriarity proposed that various supervisory personnel receive 3.5 percent salary increases retroactive to each person’s anniversary date. Discussion held. Motion made and carried unanimously to adjust the salaries as proposed. Hafemeister, Bogert and Dennison rejoined the meeting.

Moriarity proposed a salary adjustment for a supervisor not covered by the foregoing motion. Discussion held.

Brian Weld, Director of Colliers ABR, Local 802’s real estate consultants, appeared to present the terms of a proposed lease for a portion of the sixth floor of Local 802’s headquarters building to Leonard Leibowitz, Attorney at Law and counsel to Local 802. Motion made and carried unanimously to approve. Weld was thanked for his work on Local 802’s behalf and excused from the meeting.

Discussion resumed on the above-noted salary adjustment. Board member Blumenthal present during the foregoing discussion.

Meeting recessed at 1:15 p.m.

Meeting resumed at 2:20 p.m.

Present: Moriarity, Landolfi, Blumenthal, Bruno, Crow, Giannini, Hafemeister, Rosen, Weiss, Bogert, Dennison and Owens.

Local 802 member Steven Machamer appeared before the board to present his report on the Aug. 23-24 Theater Musicians’ Association conference in Chicago, which he attended. Discussion held. Motion made and carried unanimously directing President Moriarity to discuss the substance of Machamer’s report with officials at the AFM and to call a meeting of Local 802 members who will be eligible to vote on the AFM Pamphlet B touring contract. Machamer thanked for his report and excused from the meeting.

New Organizing Department Supervisor Dubnau appeared before the board to provide an update on the organizing campaign at Starlight Orchestras. Discussion held, during which Dubnau described an organizing tactic utilizing a proposed advertisement in the wedding section of Newsday announcing the existence of a labor dispute to potential employers of Starlight Orchestras. Motion made and carried unanimously to approve the expenditure of up to $3,000 for such an advertisement, provided an agreement has not been reached with Starlight in the meantime.

Financial Vice-President Landolfi presented an agreement between Local 802 and Sixteen As One Music, Inc., 1317 Third Avenue, #100, New York, NY 10021, covering engagements of the Vanguard Orchestra. Motion made and carried unanimously to approve.

Landolfi presented a memorandum of agreement between Local 802 and the Dance Theatre of Harlem, extending the previously expired collective bargaining agreement. Motion made and carried unanimously to approve.

Discussion resumed on the above-noted salary adjustment for a supervisor. Motion made to approve a salary increase of 1.8 percent for the supervisor. Motion made and carried to table the foregoing motion. Opposed: Hafemeister and Giannini.

Motion made and carried unanimously to approve a salary adjustment for a member of the staff.

Discussion held on the status of the AFM & Employers’ Pension Fund.

Discussion held on the possibility of Local 802 or the Health Benefits Plan underwriting base-line hearing tests for members of the local.

Meeting adjourned at 4 p.m.

TUESDAY, SEPTEMBER 14, 1999

Meeting called to order at 11:30 a.m. Present: Recording Vice-President Price, Financial Vice-President Landolfi, Executive Board members Blumenthal, Crow, Gale, Hafemeister, Rosen and Weiss, Controller Bogert, Assistant to the President Dennison, Jazz Advisory Committee Liaison Owens. President Moriarity excused to attend a meeting at the AFM-EP Fund.

Financial Vice-President Landolfi reported that the New Organizing Department was planning to hold an informational picket line at the Plaza Hotel on Saturday, Sept. 18, between 7 and 8 p.m. in protest against the non-union Starlight Orchestra engagement at that venue.

Landolfi, on behalf of the New Organizing Department, requested that Local 802 purchase tickets to the B.B. King concert being sponsored by Jobs with Justice on Sept. 19 at the PNC Auditorium in New Jersey. Motion made and carried unanimously to purchase four tickets at $30 each, for a total of $120.

A request was received from member Dominic Derasse of the NY FILMharmonic for permission to schedule a rehearsal for an upcoming concert to end at 7:15 p.m., with payment at the usual day rates, to accommodate the musicians’ schedules. Many of them have an overlapping engagement with another organization, which precludes beginning the rehearsal earlier. Motion made and carried unanimously to approve this request.

Board members Giannini and Simon present at 11:45 a.m.

Sept. 7 minutes unanimously approved as amended.

A request was received from Peter Fiumefreddo, President of Santa Rosalia Lodge No. 2131 of the Order of Sons of Italy in America, who would like to engage a union orchestra for a feast at the beginning of Italian Heritage Month in October. After discussion the board directed Price to obtain more specific information about the proposed event.

A request was received from the Bronx Democratic County Committee for financial support for the election of Bronx District Attorney Robert Johnson, who is facing a primary challenge. Motion made and carried unanimously to contribute $100 from TEMPO802 to Committee to Elect Robert Johnson.

President Moriarity present at 12:05 p.m.

Assistant Supervisor of Recording Schaffner and Business Rep Rodriguez appeared before the board to participate in the scheduled hearing of union grievances against the British Rock Symphony (BRS), involving engagements that took place in April 1998. Schaffner reviewed the contracts filed and briefed the board on the grievances, which include recording and videotaping of a concert at the Beacon Theatre, playing the tape on the internet on the BRS web site, and performing some of the tracks on ABC-TV’s Good Morning America show.

Michael Lehman, legal counsel, and David Fishof, producer of these BRS engagements, appeared before the board to respond to the grievances. Mr. Lehman indicated to the board that it was his understanding that no complete video was made and only B-roll footage was taped for promotional purposes. The CD album was made in London under other auspices. After their presentations Lehman and Fishof were excused while the board deliberated and held discussion. Moriarity then informed Lehman and Fishof that Local 802 will research the information presented by them in rebuttal and will notify them of the union’s decision.

Schaffner reported to the board on the outcome of the AFM’s negotiations with WGBH, Public TV in Boston, for a new children’s series entitled Between the Lions. The series will be produced in New York using Local 802 musicians. The negotiations resulted in a side letter to the AFM-PBS agreement which guarantees employment for three years, with 30 shows to be produced in year one, 25 in year two and 18 in year three. The agreement will be submitted to the rostered musicians for ratification.

Meeting recessed at 1:15 p.m.

Meeting resumed at 2:15 p.m.

Present: Moriarity, Price, Landolfi, Blumenthal, Crow, Gale, Giannini, Hafemeister, Rosen, Simon, Weiss, Bogert, Dennison and Owens.

Business Rep Donovan appeared before the board to submit a contract with Playwrights Horizons for productions at the Anne G. Wilder Theatre. Motion made and carried unanimously to approve.

Executive board member Simon reported to the board that at the recent ICSOM conference, which he attended as a delegate, the ICSOM board had voted to use monies from a special emergency fund to help him retire the legal debt incurred in his successful appeal of an IRS decision that had denied him and his wife depreciation of their antique violin bows.

Controller Bogert distributed and discussed the financial reports for the month of July 1999 and the seven-month period from January through July 1999. Bogert distributed the vouchers for August 1999 for review by the board.

Moriarity, who chairs the AFM Health and Welfare Task Force, reported to the board that the committee was to meet during the coming weekend in Montreal. Supervisor of Contract Administration/Field Services Hannen and Assistant to the President Dennison were also to attend. This initiative is focussed on ways of providing health insurance for AFM freelance and casual musicians.

Moriarity advised the board that the AFM Pamphlet B touring contract negotiations had been rescheduled for October.

Recording Vice-President Price reported to the board that he had granted the following leaves of absence:

1. Stephanie Fricker-Baer, from the Broadway production The Phantom of the Opera, from Aug. 17-Sept. 6, for personal reasons.

2. Heidi Stubner, from the Broadway production Annie Get Your Gun, from Aug. 17-22, to play the Bard Festival, with the proviso that she not substitute in Annie Get Your Gun during that period.

3. William M. Ellison, from the Broadway production Annie Get Your Gun, from Sept. 21-Oct. 3, to play the Dance Theatre of Harlem at City Center, with the proviso that he not substitute in Annie Get Your Gun during that period.

4. John Beal, from the Broadway production The Phantom of the Opera, from Sept. 13-Oct. 9, to accompany Barbara Cook and to do concert and studio work, with the proviso that he not substitute in The Phantom of the Opera during that period.

Director of New Organizing Dubnau appeared before the board to report on the status of the Starlight Orchestra organizing campaign.

Jazz Advisory Committee Liaison Owens raised the issue of the status of reports that had recently been distributed to the board. He addressed the possibility of the board implementing the strategic planning report submitted by member Hafemeister. Discussion held.

Meeting adjourned at 3:30 p.m.

TUESDAY, SEPTEMBER 21, 1999

Meeting called to order at 11:43 a.m. Present: Recording Vice-President Price, Financial Vice-President Landolfi, Executive Board members Blumenthal, Crow, Giannini, Rosen, Simon and Weiss, Controller Bogert. President Moriarity excused to attend a meeting in Montreal of the AFM Health and Welfare Task Force.

Recording Vice-President Price reported that the CAC had agreed to allocate $950 to the Gospel Committee for expenses of their 10th Anniversary Gospel Spotlight, to be held on Sept. 24. Discussion held on this event and other activities of the Gospel Committee. Price indicated that he would attend the event and report to the board. Motion made and carried unanimously to concur with the CAC request, with the proviso that a representative of the New Organizing Department attend the event and report to the board.

Discussion held on the procedures regarding the Executive Board concurrence on CAC allocations. Price indicated that he would notify the board in a more timely fashion by distributing the CAC minutes as soon as possible after CAC monthly meetings.

Board member Gale present at 11:55 a.m. during the previous discussion. Board member Hafemeister present at 12:10 p.m. during the previous discussion.

Business Rep Lennon appeared before the board to submit an agreement for a Dodger Productions workshop production of Wise Guys. Discussion held, during which Lennon advised the board that the agreement will cover, in addition to the usual weeks of studio rehearsals, approximately eight weeks of workshop performances. Motion made and carried unanimously to approve. Lennon excused.

Weiss excused at 12:20 p.m.

Supervisor of New Organizing Dubnau and Business Rep Eisman appeared before the board with an agreement with Starlight Orchestras, Inc. Dubnau reviewed for the board the organizing campaign that resulted in this agreement. Motion made and carried unanimously to approve. Motion made and carried unanimously to extend the reduced rate initiation fee to any non-union musicians in the Starlight bargaining unit who wish to join the union. Dubnau and Eisman were congratulated and excused.

Financial Vice-President Landolfi submitted a collective bargaining agreement with St. Luke’s Chamber Ensemble, Inc., for all engagements. Landolfi reviewed the terms and conditions of the contract. Motion made and carried unanimously to approve.

Meeting adjourned at 1:20 p.m.

TUESDAY, SEPTEMBER 28, 1999

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

President Moriarity reported that he had attended a meeting in Washington, D.C., on Sept. 24, called by the AFM to discuss the organizing campaign for Tejano recording musicians in San Antonio, Texas.

Moriarity reported on the rally and demonstration held on Sept. 27 in support of restaurant workers employed at the Metropolitan Opera House at Lincoln Center. Hotel Employees and Restaurant Employees Local 100, along with the NYC Central Labor Council, organized the demonstration.

Moriarity reported that the St. Louis Symphony Orchestra had asked Local 802 for an organizer to assist them in their negotiations with management for a new contract.

Executive Board member Bruno announced his resignation from the board for personal reasons, effective Oct. 19, 1999. The board thanked Bruno for his longstanding tenure on the board and his efforts on behalf of the members of Local 802.

Board member Simon present at 11:45 a.m.

Sept. 14 minutes unanimously approved as amended.

Simon advised the board that the British Rock Symphony phonograph CD album had been recorded in London under the Phillips label (see Sept. 14 minutes).

Sept. 21 minutes unanimously approved as amended.

Jazz Advisory Committee Liaison Owens present at 12:05 p.m.

Moriarity reported on the meeting of the AFM Health and Welfare Task Force recently held in Montreal. He reviewed the results positively, but indicated that much more information on the demographics of the membership needs to be gathered. Questionnaires and surveys are to be prepared and sent out, and more meetings will be scheduled.

Supervisor of Contract Administration/Field Services Hannen appeared before the board to discuss the number of filed contracts in the single engagement club date field. The numbers had been decreasing since 1991, when 7,000 contracts were filed, falling to 6,594 in 1996. However, over the last two years they have risen – to 7,231 in 1997 and 8,526 in 1998. Discussion held on the dramatic turnaround and possible reasons for it. Hannen excused.

Moriarity excused to attend a meeting and press conference at the New York Philharmonic in which the orchestra planned to announce the release of a new CD of its archival broadcasts.

Assistant to the President Dennison distributed a letter of agreement with Festival Productions, Inc. (a.k.a. George Wein) for a one-week tour of the Carnegie Hall Jazz Band. This agreement includes a health benefit component and a pension contribution of 10 percent of gross scale wages. Discussion held. Motion made and carried unanimously to approve.

Motion made and carried unanimously to contribute $100 from TEMPO802 to [Gary] “Ackerman for Congress.”

Motion made and carried unanimously to donate $100 to the Veritas Therapeutic Community Foundation, Inc., which sponsored an Evening with Friends of Charlie Parker. Jazz Advisory Committee Liaison Owens requested that a letter to Veritas be sent along with the donation, requesting discussion of future consideration of pension and health benefit contributions for performing musicians.

Motion made and carried unanimously to donate $150 from TEMPO802 to a fundraiser for the re-election of NYC Councilmember Guillermo Linares.

Motion made and carried unanimously to donate $100 from TEMPO802 to “Citizens for [NYS Assemblymember] Roberto Ramirez 2000.”

Motion made and carried to donate $100 from TEMPO802 to the re-election campaign of Ryan Karben, Deputy Majority Leader of the Rockland County Legislature. Opposed: Bruno.

Motion made and carried unanimously to purchase two tickets at $250, for a total of $500, to the NYS AFL-CIO 15th Annual Labor Recognition Dinner honoring the federation’s President Emeritus, Edward J. Cleary.

Price submitted a request from Justin DiCioccio, chair of the Manhattan School of Music (MSM) Jazz Department, for the special initiation fee for a group of MSM students who wish to join the union. Discussion held, in which the board recommended that legal counsel be consulted to determine the legality of accommodating such a request.

Meeting recessed at 1:10 p.m.

Meeting resumed at 2:15 p.m.

Present: Price, Landolfi, Blumenthal, Crow, Gale, Giannini, Hafemeister, Rosen, Simon, Weiss, Bogert, Dennison and Owens.

Controller Bogert distributed financial statements for August, and for the period January through August 1999. Discussion held, during which Bogert explained and analyzed the reports.

Giannini excused at 2:45 p.m. Blumenthal excused at 3:05 p.m.

Motion made and carried unanimously to reduce Local 802’s building mortgage by a paydown of $100,000.

Business Rep Donovan appeared before the board to present a three-year contract with the York Theatre Company for productions at the Theatre at St. Peter’s Church in Manhattan. Discussion held. Motion made and carried unanimously to approve.

Price distributed the CAC minutes of Sept. 14 for the board’s review.

Price excused to take a phone call from Los Angeles Local 47. He returned and advised the board that Radio City Music Hall is negotiating with Local 47 for the use of live music for the Christmas Show in Los Angeles. Discussion held.

Landolfi distributed a memo dated Oct. 13, 1998, from former Director of New Organizing Susan Borenstein, outlining suggestions and proposals for Local 802’s future.

Meeting adjourned at 4 p.m.