Allegro

Executive Board Minutes

November 16, 2004 -- December 14, 2004

Volume CV, No. 3March, 2005

TUESDAY, NOVEMBER 16, 2004

Meeting called to order at 11:10 a.m. Present: President Lennon, Recording Vice President Dennison, Executive Board members, Babich, Gagliardi, Schaffner, Shankin, Weiss, Whitaker, Controller Bogert, and Assistant to the President Delia. Financial Vice President Blumenthal excused for union business.

Recording Vice President Dennison distributed the minutes of November 9, 2004.

Board members Gale and Giannini present at 11:15 a.m.

Motion made and carried unanimously to approve the minutes as amended.

Lennon reported that an arbitration over the decision of the special situation panel regarding the Broadway musical “All Shook Up” was scheduled for Thursday, November 18, 2004. (See minutes of October 12, 2004.) Lennon also reported on the status of arbitrations regarding unpaid overtime at the Broadway musicals “The Producers” and “Nine.”

Board member Schaffner reported on the resolution of an issue concerning payments made for use of B-roll footage from the Broadway musical “Wicked” in a children’s television program.

Lennon requested a contribution of $250 from TEMPO802 to Robert Jackson 2005. Robert Jackson is a member of the New York City Council.

Motion made and carried unanimously to approve the request.

Lennon reported that Local 802 had received numerous thank-you messages from Broadway ushers and ticket takers, members of IATSE Local 306, in appreciation for strike benefits paid to them by Local 802 for honoring musicians’ picket lines during the 2003 Broadway strike.

Local 802 counsel Leibowitz present.

Lennon reported on the status of Local 802’s negotiations with the Gateway Theatre.

Discussion held.

Principal Theatre Business Rep Donovan and Theatre Representative Bond present during the foregoing discussion

Donovan and Bond excused.

Leibowitz, Delia and Bogert excused.

Discussion continued in Executive Session.

Vice President Blumenthal present at 1:05 p.m. during foregoing discussion.

Discussion concluded.

Blumenthal reported that a strike authorization vote had been passed by members of the Westfield Symphony and that negotiations were continuing. Blumenthal also reported on a preliminary hearing before the NY State Employment Relations Board regarding a dispute with New York Camerata. (See minutes of June 1, 2004)

Meeting adjourned at 1:30 p.m.


TUESDAY, NOVEMBER 23, 2004

Meeting called to order at 11:15 a.m. Present: President Lennon, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members, Babich, Gagliardi, Gale, Giannini, Landolfi, Schaffner, Shankin, Weiss, Whitaker and Controller Bogert.

Recording Vice President Dennison distributed the minutes of November 16, 2003.

Motion made and carried unanimously to approve the minutes as amended.

President Lennon reported on the status of an arbitration over the special situation decision regarding the Broadway musical “All Shook Up.” The matter had been submitted to arbitration by the League of American Theatres and Producers. (See minutes of October 12, 2004.)

Lennon distributed a proposed by-law resolution regarding donations utilized to promote live music.

Discussion held.

Blumenthal distributed a draft letter of agreement between Local 802 and The Council for Living Music regarding joint efforts to promote live music.

Discussion held.

Lennon presented a proposed schedule of meetings regarding a strategic analysis of the union’s ongoing work and priorities. (See minutes of March 30, 2004.

Discussion held.

Blumenthal reported that a settlement had been reached with the Staten Island Symphony.

Blumenthal reported on the status of freelance concert negotiations.

Schaffner reported on the settlement of a dispute with St Joseph’s Seminary in regard to the use of an unauthorized recording.

Blumenthal presented an agreement between Local 802 and Mimpho Di Kopane, a South African opera company, for a performance at the Cathedral of St. John the Divine.

Motion made and carried unanimously to approve the agreement.

Dennison presented an agreement between Local 802 and Blossom Dearie Enterprises.

Motion made and carried unanimously to approve the agreement.

Dennison presented a proposed budget for Local 802’s participation in the 2005 IAJE Conference in Long Beach, CA.

Dennison reported on the status of efforts to fill the Jazz Representative position.

Discussion held.

Meeting recessed at 2:05 p.m.

Meeting resumed at 2:50 p.m. Present: Lennon, Blumenthal, Dennison, Gagliardi, Gale, Landolfi, Schaffner, Shankin, Weiss, Whitaker, and Bogert.

Organizer Cocuzzo appeared before the board to discuss the status of the agreement between Local 802 and the Elaine Kaufman Center.

Discussion held.

Theatre Representative Bond appeared before the Board and presented an agreement between Local 802 and the Irish Repertory Theatre.

Motion made and carried unanimously to approve the agreement.

Bogert reported on a request to allow the Emergency Relief Fund to receive contributions on behalf of a musician whose instrument had been destroyed.

Motion made and carried unanimously to approve the request.

Gale excused at 3:30 p.m.

Schaffner recommended a merit increase for a staff member.

Discussion held.

Motion made and carried unanimously to approve the increase.

Lennon and Schaffner reported on their attendance at a meeting in Los Angeles called by the AFM in regard to the misuse of the sound recording labor agreement to record music utilized in films. Such misuse allows film producers to evade contributions to the Film Musicians Secondary Markets Fund as required under the film agreement.

Meeting adjourned at 4:15 p.m.


TUESDAY, NOVEMBER 30, 2004

Meeting called to order at 11:10 a.m. Present: President Lennon, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members, Babich, Gagliardi, Landolfi, Shankin, Whitaker, and Assistant to the President Delia.

Recording Vice President Dennison distributed the minutes of November 23, 2004.

Motion made and carried unanimously to approve the minutes as amended.

Dennison distributed the CAC minutes of November 16, 2004.

Motion make and carried unanimously to concur with the expenditure of up to $1,250 for the Gospel Committee’s annual Gospel Spotlight event with expenditures to be substantiated with receipts.

Board member Gale present at 11:15 a.m.

President Lennon requested a contribution of $250 from TEMPO802 to Miller for New York. Gifford Miller is the Speaker of the New York City Council.

Motion made and carried unanimously to approve the request.

President Lennon requested a contribution of $250 from TEMPO802 to Spitzer 2006. Elliot Spitzer is the Attorney General of New York State.

Motion make and carried unanimously to approve the request.

Lennon presented a bill from the law firm of Bredhoff and Kaiser in the amount of $2,659.74 for legal services in regard to the representation of members who were subject to age discrimination by an employer. (See minutes of September 7, 2004.)

Motion made and carried unanimously to approve payment in accordance with the provisions of the Members Legal Services Fund.

Dennison submitted the annual Christmas bonus and gratuities list totaling $9,050 as prepared by Personnel Director McDonald.

Motion made and carried unanimously to approve the list for payment as submitted.

Dennison presented an agreement between Local 802 and Jack Kleinsinger, d/b/a Highlights in Jazz.

Motion made and carried unanimously to approve the agreement.

Jazz Advisory Committee Liaison Owens present at 11:40 a.m.

Lennon distributed a proposed bylaw amendment to Article I, Section 5 that would add the following language to paragraph (n): The foregoing donation cap shall not apply to contributions authorized by the Executive Board to bona fide not-for-profit organizations such as the Council for Living Music, the stated purpose of which is the preservation and advancement of live music, provided that such contributions are intended and used for the promotion of these purposes.

Discussion held.

Motion made and carried unanimously to submit the bylaw for the February 22, 2005 membership meeting.

Lennon initiated a discussion concerning union policy in regard to business reps and organizing staff.

Discussion held.

Board member Giannini present at 12:30 p.m. during previous discussion.

Discussion concluded.

Financial Vice President Blumenthal reported on the status of the Westfield Symphony negotiations, on the resolution of a potential grievance against the management of the American Symphony Orchestra and on the status of negotiations with the New York Pops and other freelance orchestras.

Meeting adjourned at 1:40 p.m.


TUESDAY, DECEMBER 7, 2004

Meeting called to order at 11:10 a.m. Present: President Lennon, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members, Gagliardi, Gale, Giannini, Landolfi, Shankin, Weiss, Whitaker, Controller Bogert and Assistant to the President Delia.Recording Vice President Dennison distributed the minutes of November 30, 2004.

Motion made and carried unanimously to approve the minutes as amended.

President Lennon requested purchase of a journal ad in the amount of $500 for an awards program honoring Philip J. Smith, President of The Shubert Organization. The program was sponsored by the UJA Federation of New York.

Motion made and carried unanimously to approve the request.

Lennon requested a contribution of $250 to the American Guild of Musical Artists Relief Fund.

Motion made and carried unanimously to approve the request.

Lennon requested payment of an additional $100 for a total of $1,100 to Mike Ishii for his work in coordinating Local 802’s participation in the 2004 Labor Day demonstration. (See minutes of June 29, 2004.)

Motion made and carried unanimously to approve the request.

Lennon reported on the arbitration proceedings over the special situations panel’s decision on the Broadway musical “All Shook Up.” (See minutes of October 12, 2004.)

Financial Vice President Blumenthal presented a request from New York Revels that they be allowed to employ several musicians at the regular performance rate for an additional performance on a two-performance day.

Motion made and carried unanimously to approve the request subject to approval by musicians on the primary hiring list.

Blumenthal distributed to the Board the arbitration decision regarding St. Joseph’s Seminary. (See minutes of November 23, 2004.)

Blumenthal proposed that Local 802 purchase an MPF banner customized to include Local 802’s name for display at MPF engagements at a cost of $175.

Motion made and carried unanimously to approve the purchase.

Blumenthal reported on the status of negotiations with the New York Pops and with other freelance concert orchestras. Blumenthal also reported that a meeting had been scheduled for Thursday, December 9th for musicians working in the freelance concert field to conduct a strike authorization vote.

Discussion held.

Jazz Advisory Committee Liaison Owens present during the previous discussion.

Blumenthal requested strike authorization for the freelance concert field from the Board.

Motion made and carried unanimously to approve the strike authorization request.

Dennison reported on the status of efforts to rent office space on the 6th floor of Local 802’s headquarters building.

Music Preparation Department Supervisor Hafemeister appeared before the Board and presented a grievance against the Boston Conservatory concerning music preparation payments owed to a Local 802 member.

Motion made and carried unanimously to affirm the grievance and hold the Boston Conservatory responsible for the payment of outstanding wages in the amount of $3939.74, a pension payment in the amount of $354.58 and a health benefit payment in the amount of $196.99.

Organizing Director Eisman, Senior Organizer Smith and Organizer Cocuzza present for the ensuing discussion.

Lennon reported on the union’s work in regard to the Lincoln Center orchestras in connection with the Executive Board’s ongoing strategic analysis. (See minutes of March 30, 2004.)

Discussion held.

Giannini excused at 1:20 p.m.

Landolfi excused at 2:00 p.m.

Eisman, Smith and Cocuzza excused.

Contact Administration Department Supervisor Hannen appeared before the Board and presented a contract with Jillbern Music (Herb Bernstein).

Motion made and carried unanimously to approve the contract subject to ratification by the bargaining unit.

Controller Bogert distributed the vouchers for October 2004.

Meeting adjourned at 2:30 p.m.


TUESDAY, DECEMBER 14, 2004

Meeting called to order at 11:05 a.m. Present: President Lennon, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members, Babich, Gagliardi, Gale, Giannini, Landolfi, Schaffner, Shankin, Weiss, Whitaker, Controller Bogert and Assistant to the President Delia. Also present, Organizing Director Eisman and Jeff Grabelsky, Director of the Union Building Strategies Program at the Cornell School of Industrial and Labor Relations.

President Lennon reported on the status of Local 802’s efforts to stop the use of a virtual orchestra machine at CAMI Hall by the Opera Company of Brooklyn in violation of their collective bargaining agreement with Local 802.

Lennon reported that Local 802 had received a special situation request from the producers of the Broadway musical “Lennon.”

Grabelsky presented an outline and led a discussion of reasons and methods for local unions approaching the process of strategic analysis and planning.

Jazz Advisory Committee Liaison Owens present at 11:20 a.m.

Discussion held.

Meeting recessed at 1:00 p.m.

Meeting resumed at 1:40 p.m. Present: Lennon, Blumenthal, Dennison, Babich, Gagliardi, Gale, Giannini, Landolfi, Schaffner, Shankin, Weiss, Whitaker, Bogert, Delia, Owens, Eisman and Grabelsky.

Lennon reported that CAMI Hall had cancelled use of their performance space by the Opera Company of Brooklyn because of the opera company’s planned use of a virtual orchestra machine.

Discussion on strategic analysis and planning resumed.

Motion made and carried unanimously to proceed with a strategic planning process along the lines outlined in the foregoing presentation and discussion.

Grabelsky thanked and excused.

Lennon, Delia and Eisman excused at 3:55 p.m.

Vice President Blumenthal distributed a proposed Memorandum of Agreement with The New York Pops.

Motion made and carried unanimously to approve the agreement subject to ratification by the bargaining unit.

Blumenthal distributed a proposed Memorandum of Agreement with the Staten Island Symphony.

Babich excused at 4:10 p.m.

Motion made and carried unanimously to approve the agreement subject to ratification by the bargaining unit.

Bogert excused at 4:15 p.m.

Board member Schaffner reported on a request for use of clips from the archives of the New York Public Library for the Performing Arts in a documentary public television series titled “Character Studies.”

Motion made and carried unanimously to request that the AFM waive payment for such clip use, providing that musicians and their instruments are acknowledged in the credits of the public television series and should there be any commercial use of the series on either broadcast or cable television then all appropriate AFM clip use payments shall be made.

Meeting adjourned at 4:20 p.m.