Allegro

Executive Board Minutes

February 14, 2006 -- February 28, 2006

Volume CVI, No. 6June, 2006

TUESDAY, FEBRUARY 14, 2006

Meeting called to order at 11:15 a.m. Present: Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Babich, Gagliardi, Gale, Giannini, Landolfi, Shankin, Whitaker and Assistant to the President Delia. President Lennon excused on union business. Blumenthal chaired the meeting.

Recording Vice President Dennison distributed the minutes of February 7, 2006.

Motion made to table approval of the minutes to a time when more Board members are present but for no more than two weeks. Opposed Dennison, Giannini and Landolfi.

Motion made that all motions upon being seconded shall be put in writing before being discussed during which discussion any amendment shall be similarly added to the written version of the motion before a vote is taken. Copies of the written version shall be given to all Board members at the meeting. This requirement may be waived by the Board if it deems appropriate.

Motion made and carried unanimously to table motion until more Board members are present.

Weiss present at 11:40 a.m.

Blumenthal reported on a request for an increase in the hourly fee for computer consultant Andrew Gale.

Board member Gale recused himself from the discussion and was excused.

Discussion held.

Gale present at 11:45 a.m.

Blumenthal reported that management of the LI Philharmonic had notified the union that it was rescheduling performances of the LI Philharmonic that had been scheduled for Saturday, February 11, 2006 and Sunday, February 12, 2006 but cancelled due to weather conditions. The performances were rescheduled for Friday, March 3, 2006 and Sunday, March 5, 2006.

Discussion held.

Blumenthal was directed to retain payroll checks for the cancelled performances until the union received payment for the February 9 rehearsal.

Blumenthal distributed a charge filed against Local 802 at the National Labor Relations Board by a musician with the New York City Ballet orchestra.

Discussion held.

Blumenthal distributed a memorandum of agreement with the Oratorio Society of Queens.

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

Blumenthal distributed a memorandum of agreement with The Sacred Music Society of Our Lady Queen of Martyrs Church.

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

Dennison reported on the status of upcoming negotiations with Jazz @ Lincoln Center and on proposed legal counsel for these negotiations.

Discussion held.

Dennison distributed a retainer agreement with Cary Kane LLP for services in regard to legal issue associated with personal use of the Local 802 credit card. (See minutes of February 7, 2006.)

Motion made and carried unanimously to approve the retainer agreement with Cary Kane LLP.

Meeting recessed at 1:55 p.m.

Meeting resumed at 2:10 p.m.

Motion made and passed unanimously to affirm a telephone poll of the Board approving the employment of and payment for a parliamentarian in the amount of $500 for the February 14, 2006 membership meeting.

Meeting adjourned at 2:15 p.m.


MEMBERSHIP MEETING
TUESDAY, FEBRUARY 14, 2006

Meeting called to order at 3:15 p.m. by President Lennon having determined that a quorum had been achieved. Present: President Lennon, Recording Vice President Dennison, Financial Vice President Blumenthal, Executive Board members Babich, Gagliardi, Gale, Giannini, Landolfi, Schaffner, Shankin, Weiss and Whitaker, Assistant to the President Delia, Jazz Advisory Committee Liaison Owens, Trial Board members Goletz, Price, Rohdin, Schwartz, Singer and Ray.

President Lennon introduced and acknowledged the presence of a professional parliamentarian.

Lennon presented the agenda of the meeting: a discussion, with the negotiating team, of the recent Radio City Music Hall (RCMH) negotiations.

Point of order raised regarding Lennon chairing the meeting during the RCMH discussion in view of the fact that he would be participating in that discussion as a member of the negotiating team. Point ruled out of order.

Motion made that the body express concern about the handling of the RCMH negotiations.

Motion ruled out of order because it had not been published in advance in ALLEGRO as required by the Local 802 bylaws.

Lennon offered to relinquish the chair to Trial Board chairman Rhodin and suggested that Rhodin preside.

Motion made and passed that Lennon chair the meeting.

Lennon read the standing rules of order of the meeting.

Motion made and passed adopting the standing rules of order.

Lennon introduced Executive Board members, RCMH Orchestra Negotiating Committee co-chairs Andy Rodgers and Tom Olcott and orchestra committee members John Babich, Bud Burridge, Mark Johansen and George Wesner.

Lennon read a statement regarding the RCMH negotiations.

Committee co- chair Rodgers and Olcott presented statements.

Lennon read a statement from Local 802 Counsel Leibowitz.

Rodgers read a letter from RCMH Negotiating Committee member Mario Deciutiis.

Discussion held.

A quorum call was requested at 6:15 p.m. A quorum having been lost, the meeting was officially adjourned.

Discussion continued with those present.


TUESDAY, FEBRUARY 21, 2006

Meeting called to order at 11:05 a.m. Present: President Lennon, Financial Vice President Blumenthal, Recording Vice President Dennison, Executive board members Babich, Gagliardi, Gale, Giannini, Landolfi, Schaffner, Shankin, Weiss, Whitaker and Assistant to the President Delia.

Motion made and carried unanimously to take from the table the minutes of February 7, 2006. Jazz Advisory Committee Liaison Owens present at 11:15 a.m.

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

Recording Vice President Dennison distributed the minutes of February 14, 2006.

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

Dennison distributed the minutes of the February 14, 2006 membership meeting.

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

President Lennon reported on the status of the special situation application regarding “Woman in White.” (See minutes of September 6, 2005.)

Lennon reported on the status of the special situation application regarding T”he Wedding Singer.” (See minutes of December 27, 2005.)

Discussion held.

Lennon reported on the status of the International Executive board’s review of the St Louis Symphony’s request to enter the AFM’s Orchestra Service Program (OSP).

Financial Vice President Blumenthal reported on a request from the American Composers Orchestra that Local 802 purchase an ad in their Spring Gala program journal.

Discussion held.

The issue was referred to the Public Relations Subcommittee of the board.

Blumenthal distributed a memorandum of agreement with the Brooklyn Academy of Music covering an upcoming performance of St Matthew Passion.

Motion made and carried unanimously to approve the agreement.

Blumenthal reported on the status of negotiations with management of the New York City Ballet.

Discussion held.

Blumenthal presented an agreement with the New York City Opera covering an archival audio-video taping of the 2006 VOX Showcasing American Composers’ Workshop.

Motion made and carried unanimously to approve the agreement.

Dennison reported on upcoming negotiations with Jazz @ LC and recommended that Local 802 retain Bob Archer from Meyer, Suozzi, English & Klein to participate as legal counsel in those negotiations.

Discussion held.

Motion made and carried unanimously that Local 802 enter into a written agreement with Meyer, Suozzi, English & Klein covering the participation of Archer in these negotiations and that any costs beyond those covered by the current retainer agreement with the law firm be capped at $8,000, and that a review be done to determine how much of any additional cost may be paid from the Members Legal Services Fund.

Dennison recommended that Long Island Business Rep Frank DeFilippi be promoted to senior business rep and that such promotion is retroactive to October 1, 2005.

Motion made a carried unanimously to approve the senior representative promotion.

Lennon reported that Midori and Friends had been put on the AFM unfair list and requested that current strike benefits be extended.

Motion made and passed unanimously to extend the current strike benefits for those on strike and picketing at Midori and Friends for one week.

Meeting recessed at 1:45 p.m.

Meeting resumed at 2:35 p.m. Present: Blumenthal, Dennison, Babich, Gagliardi, Gale, Giannini, Landolfi, Schaffner, Shankin, Weiss, Whitaker, Delia and Owens. Lennon excused on union business.

Controller Milne present.

Milne reported that all of the material requested by Larry Cary Esq. regarding personal use of the Local 802 credit card use had been delivered to Cary’s office. (See minutes of February 7, 2006.)

Milne reported on the status of the 2006-2007 Local 802 Membership Directory.

Motion made and passed unanimously to order 5,500 copies of the 2006-2007 Membership Directory.

Milne distributed to the board updated information regarding the LM-30 reports required by the U.S. Department of Labor.

Milne reported on the status of Midori and Friends strike benefits.

Milne provided information regarding a salary request made by computer consultant Andrew Gale.

Board member Gale recused himself from the discussion and was excused.

Discussion held

Blumenthal was directed to obtain additional information regarding the request from Computer Consultant Cronin and M.I.S. Director Ibrahim.

A board member requested from Milne a copy of a document containing the authorization limits on officers and staff members for approval of payments made from Local 802 bank accounts.

Milne excused.

Gale present at 3:20 p.m. Also present: Principal Recording Business Rep Sheldon, Recording Business Reps Monta and LeFevre and Recording Department Administrative Assistant Brunson.

Board Member and Recording Department Supervisor Schaffner reported on the status of AFM Sound Recording Labor Agreement negotiations.

Gale excused at 3:25 p.m.

Discussion held.

Brunson, LeFevre, Monta and Sheldon excused.

Blumenthal distributed copies of the Accounts Payable Procedure Authorization Limits, which listed the authorization limits on officers and staff members for approval of payments made from Local 802 bank accounts.

A board member raised a question regarding the authorization of payment for a t-shirt order that exceeded the authorization limits set in the aforementioned document.

Discussion held.

Blumenthal was directed to request that Controller Milne revise and update the Accounts Payable Procedure Authorization Limits and submit such for review by the board.

Whitaker excused at 4:15 p.m.

Meeting adjourned at 4:20 p.m.


THURSDAY, FEBRUARY 23, 2006

Meeting called to order at 2:15 p.m. Present: President Lennon, Financial Vice President Blumenthal, Executive Board members Gagliardi, Gale, Landolfi, Shankin, Weiss and Assistant to the President Delia. Executive Board member Gianinni participated by speakerphone. Recording Vice President Dennison excused on union business. Weiss took the minutes.

Local 802 Counsel Leibowitz present.

Financial Vice President Blumenthal and Counsel Leibowitz presented a Memorandum of Agreement with the New York City (NYC) Ballet.

Discussion held.

Motion made and carried unanimously to approve the agreement subject to ratification by the bargaining unit and subject to AFM approval of the language and content of the “Media” section of the agreement.

Blumenthal was directed to present the “Media” section to the AFM for approval and if approval was not possible prior to the ratification vote, the agreement was to be presented to the bargaining unit without the “Media” section.

Discussion held on the status of a charge filed against Local 802 at the National Labor Relations Board by a musician with the New York City Ballet.

Blumenthal reported that the NYC Ballet Orchestra Committee recommended that those eligible to vote on the contract include the regular orchestra members and the rotation players.

Discussion held.

Motion made carried unanimously to concur with the orchestra committee recommendation.

Blumenthal was directed to inform the orchestra committee that the Board recommended that the committee explore expansion of ratification eligibility for future contracts.

Meeting adjourned at 3:35 p.m.


TUESDAY, FEBRUARY 28, 2006

Meeting called to order at 11:20 a.m. Present: President Lennon, Financial Vice President Blumenthal, Recording Vice President Dennison, Executive Board members Babich, Gagliardi, Gale, Giannini, Landolfi, Schaffner, Shankin, Weiss, Whitaker, Assistant to the President Delia and Jazz Advisory Committee Liaison Owens.

Local 802 Counsel Mars and independent counsel Larry Cary of Cary Kane LLP present.

Cary reviewed the contents of a written report presented to the Board regarding personal use of the Local 802 credit card by President Lennon.

Meeting recessed at 12:00 p.m.

Meeting resumed at 12:15 p.m. Present: Lennon, Blumenthal, Dennison, Babich, Gagliardi, Gale, Giannini, Landolfi, Schaffner, Shankin, Weiss, Whitaker, Delia and Owens. Counsels Mars and Cary also present.

Cary continued his presentation.

Discussion held.

Mars reported that he had sent Board members a letter concurring with the recommendations contained in the Cary report.

Mars and Cary thanked and excused.

Meeting recessed at 1:30 p.m.

Meeting reconvened at 2:20 p.m. Present: Blumenthal, Dennison, Babich, Gagliardi, Gale, Giannini, Landolfi, Schaffner, Shankin, Weiss, Whitaker and Owens. Lennon excused on union business.

Discussion on the Cary report and recommendations.

Assistant to the President Delia present at 2:30 p.m.

Motion made and passed unanimously to adopt all of the recommendations contained in the Cary report and to implement them in an expedited manner.

Discussion held on implementation of recommendations.

Board member Giannini excused at 3:05 p.m.

Vice President Blumenthal reported on a request from the New York City Opera that the previously approved agreement covering an archival audio-video taping of the 2006 VOX Showcasing American Composers’ Workshop be extended to cover the annual VOX workshops over the term of the current contract. (See minutes of February 21, 2006.)

Motion made and carried unanimously to approve the request.

Blumenthal presented a memorandum of agreement with the Orpheus Chamber Orchestra for educational coaching/lecture-demonstrations.

Discussion held.

Blumenthal was asked to clarify certain matters in regard to the agreement.

Motion made and passed unanimously to affirm a telephone poll of the Board setting the June membership meeting for June 13, 2006 at 3 p.m.

Delia reported on efforts to stop a recording session at Brooklyn College involving the Opera Company of Brooklyn and the virtual orchestra machine company Realtime Music Solutions.

Motion made and passed unanimously to affirm a Board poll directing Local 802 members to stop all work on the Opera Company of Brooklyn and Realtime Music Solutions recording.

Recording Vice President Dennison presented an agreement with Highlights in Jazz.

Motion made and passed unanimously to approve the agreement.

Dennison presented a request from AFM Nongeographic Local 1000 for Local 802’s permission to organize the New York City based Folk Music Society.

Motion made and carried unanimously to grant such permission to Local 1000 subject to Local 1000 waiving any requirement that Local 802 members join Local 1000 should they be employed by the Folk Music Society.

Dennison requested the expenditure of up to $3,000 for a live music event in April to celebrate Jazz Appreciation Month. The event will be co-sponsored by Bread & Roses, the cultural arm of Local 1199, Service Employees International Union. Motion made and carried unanimously to approve the request.

Dennison requested the purchase 5 tickets at $40 each for a total of $200 to an event at St. Peters Church honoring Cobi Narita.

Motion made and carried unanimously to approve the request.

Owens excused at 3:50 P.M.

Dennison reported on concerns regarding the financial stability of the Steven Scott club date office.

Delia reported on the status of the strike against Midori and Friends.

Motion made and carried unanimously to approve the extension of strike benefits for instructors at Midori and Friends for an additional week.

Delia distributed a draft report of a Local 802 membership survey conducted by Tom Juravich from the Labor Center at the University of Massachusetts.

Babich and Schaffner excused at 4:05 p.m.

Principal Theatre Business Rep Donovan appeared before the Board and presented an agreement covering a workshop production of “Kristina.”

Motion made and passed unanimously to approve the agreement.

Donovan presented an agreement covering a workshop production of “Legally Blond.”

Motion made and carried unanimously to approve the agreement.

Donovan presented an agreement covering a benefit performance of “Anything Goes” at the Vivian Beaumont Theatre.

Motion made and carried unanimously to approve the agreement. Gale recused.

Donovan excused.

Concert Business Rep Heyman-Kantor appeared before the Board and presented an agreement with the Stamford Symphony.

Motion made and carried unanimously to approve the agreement.

Heyman-Kantor excused.

Blumenthal reported on a request from the New York Choral Society to expand their outreach program to schools.

Discussion held.

Meeting adjourned at 4:30 p.m.