TUESDAY, MARCH 12, 2002

Meeting called to order at 11:30 a.m. Present: President Moriarity, Recording Vice-President Price, Executive Board members Blumenthal, Crow, Gale, Giannini, Landolfi, Reynolds, Rohdin and Shankin, Controller Bogert, Assistant to the President Dennison, Jazz Advisory Committee Liaison Owens.

March 5 minutes unanimously approved as amended.

President Moriarity discussed the status of a musician in the NY Philharmonic Orchestra regarding his probationary period. (See Jan. 22 minutes.) He read the complete correspondence file to the board for its information. Discussion held.

Reynolds excused at 12:25 p.m.

Moriarity reported on the status of the request for special situation status from the producers of the musical Hairspray (See Feb. 5 minutes.)

Moriarity reported that several bylaws would be submitted by April 1, 2002, the deadline before the next bylaw membership meeting.

Meeting recessed at 1:00 p.m

Meeting resumed at 2:20 p.m.

Present: Moriarity, Price, Blumenthal, Crow, Gale, Giannini, Landolfi, Rohdin, Shankin, Bogert, Dennison, Owens.

Controller Bogert submitted a report on membership statistics. There were 9,603 active members as of Dec. 31, 2001. Discussion held.

Bogert submitted a proposal for replenishing the supply of membership cards. After discussion he was instructed to investigate the feasibility of placing the member’s photograph on the membership card.

Assistant to the President Dennison reported on discussions with a research organization about proposed work in preparation for the 2003 negotiations with the League of American Theatres and Producers. Discussion held. Financial Vice-President Hafemeister and Assistant Director Lennon present at 3:35 p.m. during the previous discussion.

Moriarity distributed the proposed bylaw amendments for the board’s information. Discussion held.

Gale and Crow excused at 3:45 p.m.

Assistant Director Lennon reported on the status of Long Island Philharmonic negotiations, including the conditions under which the Concert Department would be administering the board’s decision to allow the youth concerts taking place this week to be paid at public service scale, in accordance with the board’s ruling and concerns discussed last week.

Lennon reported that leafleting would take place at the Brooklyn Philharmonic concert on March 16.

Senior Business Rep Jackson appeared before the board to submit an agreement with Impact Music, Inc. (dba Derrick Gardner) for the employment of musicians. Motion made and carried unanimously to approve, with the proviso that the wage and pension provisions be consistent with the usual pension language in contracts of a similar nature.

Price reported to the board that he had granted the following leaves of absence:

1. Dan Lipton, from the Broadway production The Full Monty, from Feb. 23-March 10, to work in Chicago.
2. Jeff Scott, from the Broadway production The Lion King, from Feb. 13 through the March 10 matinee, to perform on tour.
3. Cubby O’Brien, from the Broadway production The Producers, from March 5-14, to perform out of town and for personal reasons.
4. KeriAnn Di Bari, from the Broadway production Beauty and the Beast, from March 10-24, to work in Maine.
5. Scott Kuney, from the Broadway production 42nd Street, from March 7-29, to perform with the NYC Opera and for personal reasons, with the proviso that he not substitute in 42nd Street during that period.
6. David Ballou, from the Broadway production 42nd Street, from April 4-30, for personal reasons.
7. Valerie Naranjo, from the Broadway production The Lion King, from April 6-13 and from April 20-27, to teach and perform out of town.

Meeting adjourned at 4:15 p.m.

TUESDAY, MARCH 19, 2002

Meeting called to order at 11:20 a.m. Present: President Moriarity, Recording Vice-President Price, Financial Vice-President Hafemeister, Executive Board members Crow, Gale, Giannini, Landolfi, Reynolds, Shankin and Weiss, Controller Bogert, Assistant to the President Dennison, Assistant Director Lennon, Jazz Advisory Committee Liaison Owens.

Feb. 26 minutes unanimously approved as amended.

Assistant Director Lennon reported on the Long Island Philharmonic board-approved request for its scheduled youth concerts to be paid at public service rates (see March 12 minutes). The Concert Department had imposed certain bond conditions to assure payment for musicians.

A proposal for an audience survey to be conducted in preparation for theatre negotiations in 2003 was presented to the board by representatives of a research organization. Discussion held. The final cost would be determined by the amount of time and work involved. Board member Blumenthal present at 12:15 p.m. during the previous discussion. Motion made and carried unanimously to engage the research group for an audience survey.

Financial Vice-President Hafemeister and Assistant Director Lennon excused at 12:30 p.m. to attend negotiations. Board members Gale and Giannini excused at 12:30 p.m.

Contract Administration Supervisor Hannen, Long Island Supervisor Gulluscio and club date committee member Hood appeared before the board while Hannen presented 2001 annual reports on the single engagement club date field, hotel/steady engagements, and the Musicians’ Referral Service. He then discussed the reports’ contents and answered questions posed by the board. Hood excused.

Gulluscio submitted a contract with Gateway/Patchogue Theater for the Performing Arts. Discussion held. Motion made and carried unanimously to approve.

Meeting recessed at 1:10 p.m.

Meeting resumed at 2:30 p.m.

Present: Moriarity, Price, Hafemeister, Blumenthal, Crow, Landolfi, Reynolds, Shankin, Weiss, Bogert, Dennison, Owens.

Controller Bogert distributed financial statements for December 2001 and for the period January through December 2001. He explained and discussed the statements with the board. Assistant Director Lennon present at 2:45 p.m. Discussion held on submission of Local 802’s budget projection for 2002 in light of various upcoming staff negotiations. Bogert distributed vouchers for January and February 2002.

Lennon reported on the status of freelance concert orchestra negotiations. He advised the board that tentative agreement had been reached with the Brooklyn Philharmonic and that the following groups were in negotiation, with some issues outstanding: Long Island Philharmonic, New York Chamber Symphony, American Symphony Orchestra, Orchestra of St. Luke’s, Bronx Arts Ensemble and Riverside Symphony.

Board member Crow excused at 3:50 p.m.

Assistant to the President Dennison submitted an agreement with the Lincoln Center Theatre for the production of Anything Goes. Motion made and carried unanimously to approve.

March 12 minutes unanimously approved as amended.

President Moriarity reported on his attendance in Los Angeles at a special 20th anniversary screening of the motion picture E.T. The highlight of the evening was a performance by a large orchestra, conducted by John Williams, that coordinated the score with the film. Moriarity also attended a brunch on the following day with union and management executives to further the use of music recorded under AFM film agreements in the United States.

Discussion held on radio station WNYC’s change in programming that has resulted in a daily reduction of five hours of classical music.

Meeting adjourned at 4:25 p.m.

TUESDAY, MARCH 26, 2002

Meeting called to order at 11:25 a.m. Present: President Moriarity, Recording Vice-President Price, Financial Vice-President Hafemeister, Executive Board members Blumenthal, Crow, Gale, Giannini, Landolfi, Reynolds and Shankin, Controller Bogert, Assistant to the President Dennison, Assistant Director Lennon, Jazz Advisory Committee Liaison Owens.

March 19 minutes unanimously approved as amended.

President Moriarity discussed the bylaw amendments and changes previously distributed. These bylaw amendments will be submitted to the June 18 membership/bylaw meeting.

Board member Weiss present at 12:05 p.m.

The first amendment discussed referred to Article III, Section a. and 3(b), and would set rules for payment of dues to lift suspension and for payment of late fees during suspended status.

The second amendment would be to change Article IV, Section 1(uu) to conform with current federal anti-discrimination law. After discussion it was agreed that Moriarity will seek additional information and guidance from legal counsel.

The next amendment referred to the recently-concluded AFM negotiations for the Basic Theatrical and Television Film Agreements that contain a new provision allowing pension contributions to be made on Special Payments earnings that will now be identified as scale wages, and therefore subject to work dues payments. AFM bylaws provide for a minimum local work dues amount of 11/2 percent of scale wages on AFM-negotiated agreements covering services for electronic media. This amendment set the rate and would cover the payment of work dues of 11/2 percent on the Special Payments scale wages in accordance with the designated AFM agreement. Motion made and carried unanimously to report favorably on the work dues payment on Special Payments as described above.

Discussion held on a new bylaw regarding the terms and conditions for temporary suspension of collective bargaining agreements in case of emergency. Motion made and carried to report this bylaw favorably. Opposed: Giannini, Landolfi, Reynolds.

An amendment was discussed that proposed placing Article 4, Subdivision IX, Rule 15 2.A 1) – that the player taking the leave (of absence) shall not substitute at the engagement for which the leave applies during the term of that leave – as 2.D, and renumbering the other provisions accordingly.

Meeting recessed at 1:05 p.m.

Meeting resumed at 2:15 p.m.

Present: Moriarity, Price, Blumenthal, Crow, Gale, Giannini, Landolfi, Reynolds, Shankin, Bogert, Dennison, Owens.

Senior Business Rep Voccola appeared before the board to present an agreement with Delaware North Parks Services (dba Jones Beach Restaurant). Voccola explained the terms and conditions of the agreement. Motion made and carried unanimously to approve. Voccola excused.

Moriarity reported on various activities and negotiations in which the President’s office is engaged. Local 802’s clerical staff union, OPEIU Local 153, had one meeting for a new contract; participants in Off-Broadway negotiations were to meet this afternoon, March 26; the Metropolitan Opera Musical Staff contract expired July 31, 2001; early negotiations for a NYC Ballet agreement were to begin on March 30; the NY Philharmonic was in discussion for a new recording project; and staff union OUR (Organization of Union Representatives) was to send Local 802 proposals for a new contract.

Moriarity reported on the proposed dismissal of several musicians in various fields. He also discussed the Warner Brothers allocation for the AFM-Employers’ Pension Fund (see minutes of Dec. 4, 2001). The last item on Moriarity’s agenda was a report on a possible PBS video recording in Atlantic City.

Lennon present at 2:43 p.m. during the previous report. Hafemeister present at 3:05 p.m.

A request was received from the L.I. Federation of Labor, AFL-CIO, that Local 802 purchase tickets for their annual dinner dance on April 26. Motion made and carried unanimously to purchase two tickets at $175, for a total of $350.

A request was received from a self-contained non-legitimate Broadway show for permission to use recordings of the music of the orchestra that will play the show at the dance rehearsals. Discussion held.

Landolfi excused at 3:35 p.m.

A request was received from the Actors’ Fund to purchase tickets to a fundraising gala to honor James Nederlander. Motion made and carried unanimously to purchase one ticket at $750 for the Actors’ Fund Gala on April 29.

The leave of absence Rule 15 bylaw previously discussed was submitted to the board for its approval. Motion made and carried unanimously to report the change favorably.

Controller Bogert, as requested by the board, made a presentation about the cost of producing membership cards which include a photo. The cost would include computer software, a color printer, and other equipment. Discussion held. Motion made and carried unanimously to retain the current style of membership cards and to purchase 30,000 cards at $144 per thousand, plus set-up, shipping and sales tax, for a total of $5,020.

Meeting adjourned at 4:50 p.m.

TUESDAY, APRIL 2, 2002

Meeting called to order at 11:28 a.m. by Financial Vice-President Hafemeister. Also present: Executive Board members Blumenthal, Crow, Gale, Giannini, Landolfi, Reynolds, Rohdin and Shankin, Controller Bogert, Assistant to the President Dennison and Jazz Advisory Committee Liaison Owens. President Moriarity excused to attend New York City Ballet Orchestra contract negotiations. Recording Vice-President Price excused on union business. Minutes written by Controller Bogert.

Assistant to the President Dennison reported on a request from the producers of the Broadway show Movin’ On, featuring the music of Billy Joel, to allow the use of recorded music for pre-orchestra dance rehearsals. Discussion held. Motion made and carried unanimously to approve the request, provided that the musicians engaged for the show are engaged to record any music used for this purpose in accordance with the terms of the AFM Sound Recording Labor Agreement.

Assistant Director Lennon and Board member Weiss present at 11:30 a.m. and 11:32 a.m., respectively, during the foregoing discussion.

Dennison reported on a request from AFM President Lee for funding of music for an AFL-CIO Union Industries Show to be presented in Minneapolis in April. The total cost involved is $20,000, of which the AFL-CIO will be funding $12,000, the AFM will be funding $3,000, and Lee requested that the ten largest AFM locals fund $500 each. Motion made and carried to provide $500 in accordance with the above request. Opposed: Blumenthal and Landolfi.

Dennison presented a request from City Center to support an annual gala for their Encore Series. Motion made and carried unanimously to purchase two tickets at $100 each, for a total of $200, for this event, unless our records show that a greater amount was provided last year, in which event the board will reconsider the request.

Dennison advised the board that Local 802’s annual dues to NYCOSH of $250 were currently due. Motion made and carried unanimously to approve.

Dennison presented a request from the Veterans of the Abraham Lincoln Brigade to purchase tickets to an event celebrating the 66^th anniversary of the Volunteers for Liberty. Motion made and carried unanimously to purchase two tickets at $40 each, for a total of $80, for this event.

Dennison reported on Local 802’s involvement in efforts to organize a concert entitled “Spirit of America” at Caesar’s Atlantic City Casino Resort on March 30. The concert was recorded for PBS. A company called Safe Productions signed the PBS agreement for the television show, and Atlantic City Local 661-708 was able to obtain a contract for the live engagement. Dennison pointed out that organizing these kinds of dates continues to depend on the support and involvement of the union members on these jobs. Discussion held.

Recording Vice-President Price present at 11:55 a.m. during the foregoing report. Price resumed writing the minutes.

Senior Business Rep Donovan appeared before the board to present a renewal agreement with Don’t Be the Bunny LLC, c/o Dodger Productions, for the production of Urinetown at the Henry Miller’s Theatre. Discussion held, during which Donovan reported that the Broadway agreement would now apply for the orchestra. Motion made and carried unanimously to approve. Donovan excused.

Assistant Director Lennon submitted an agreement with St. Luke’s Chamber Ensemble, Inc., for terms and conditions for an upcoming touring engagement at the University of Illinois at Champagne-Urbana. Discussion held. Motion made and carried unanimously to approve.

Lennon reported on further negotiations with the freelance concert orchestras, specifically on resolving the outstanding issues in the Brooklyn Philharmonic agreement. He also reported that payment was received by the Long Island Philharmonic within the grace period at full concert scale for two youth concerts (see Feb. 26 and March 19 minutes).

The board, which had examined the Single Engagement List for 2001 of 12 or more jobs submitted by Supervisor of Contract Administration Hannen, requested that he appear at the next meeting on April 9 to discuss the report with reference to the work dues listing.

Motion made and carried unanimously to approve the January and February 2002 vouchers.

Discussion held on work dues collection procedures.

Lennon distributed a first draft of the single engagement classical orchestra wage scales promulgated by the Concert Department. Discussion held on the rates and their interpretation. Motion made and carried unanimously to approve the single engagement classical wage scales, effective Sept. 12, 2002, through Sept. 11, 2004, and to incorporate the cartage and mileage provisions of the classical concert scale into the ballet and opera promulgated scales.

Price reported to the board that he had granted the following leaves of absence:

1. Jeffrey Carney, from the Broadway production Beauty and the Beast, from April 3-May 1, to perform on a tour of Europe.
2. Glen Kelly, from the Broadway production Beauty and the Beast, from March 27-April 7, for personal reasons.

Meeting adjourned at 1:05 p.m.

TUESDAY, APRIL 9, 2002

Meeting called to order at 11:40 a.m. by Financial Vice-President Hafemeister. Also present: Executive Board members Blumenthal, Crow, Gale, Giannini, Landolfi and Shankin, Controller Bogert, Assistant to the President Dennison and Jazz Advisory Committee Liaison Owens. President Moriarity and Recording Vice-President Price excused to attend a Local 802 Health Benefits Plan trustees’ meeting.

March 26 minutes unanimously approved as amended. President Moriarity, Recording Vice-President Price and Assistant Director Lennon present during the foregoing. April 2 minutes unanimously approved as amended.

President Moriarity led a discussion on previously proposed bylaw amendments. (See minutes of March 12 and 26.) The proposed anti-discrimination and leave of absence bylaws will be submitted to the membership/bylaw meeting on June 18.

Discussion held on the Atlantic City PBS videotaping/live engagement recently performed at Caesar’s Atlantic City Casino Resort, and Local 802’s involvement in organizing efforts to have this engagement performed under an AFM agreement.

Moriarity reported that interviews were to be held with candidates for NYS Assembly from the 69th District. A report will be made to the board with recommendations for endorsements and financial support.

Candidate for NYS Comptroller Bill Mulrow submitted a request for Local 802’s endorsement of his candidacy.

Moriarity reported that NYC Ballet Orchestra negotiations had been ongoing and would continue.

Moriarity reported that he had attended AFM Pamphlet B negotiations on April 5. Representatives from locals in Dallas, Chicago, Detroit and Los Angeles also attended.

Moriarity reported meeting with NY Philharmonic management and orchestra committee members to discuss a recording project for the release of archival recordings. Discussion held on possible terms and conditions for the release of recordings under the AFM Sound Recording Labor Agreement. Further discussion held on the status of the symphonic recording field in the United States.

Meeting recessed at 1:15 p.m.

Meeting resumed at 2:35 p.m.

Present: Moriarity, Price, Hafemeister, Blumenthal, Crow, Gale, Giannini, Landolfi, Shankin, Bogert, Dennison, Lennon, Contract Administration Supervisor Hannen and Senior Business Rep Voccola. Minutes recorded by Controller Bogert.

Dennison presented a workshop agreement between Local 802 and The Boy From Oz Project for a workshop of The Boy From Oz scheduled to take place during the period from April 8 through May 5 at the New 42^nd Street Studio. Discussion held. Motion made and carried unanimously to approve.

Discussion held on a report on the Single Engagement field which had been distributed to the board during its April 2 meeting. Hannen and Voccola answered questions posed by the board regarding work dues collections, union security and the Jewish Club Date field. Weiss present at 2:40 p.m., during the foregoing. Hannen and Voccola thanked and excused at 3 p.m. Price also excused at 3 p.m.

Board member Blumenthal reported on the status of the Anne Walker Scholarship Fund review panel. He distributed a list of past panel members, which included himself, Bob Cranshaw, Gayle Dixon, Julius Grossman, Jules Hirsh, Bernard Lieberman, Jimmy Owens, Rufus Reid and Abe Rosen. Discussion held. Motion made and carried unanimously to reappoint these individuals to the panel.

Blumenthal led a discussion concerning the rights of substitutes on long-running Broadway shows.

Gale excused at 3:40 p.m.

Crow excused at 3:50 p.m.

Lennon presented a letter from the Chicago Opera Theatre requesting that Local 802 waive the night rehearsal premium for an April 19 rehearsal of a presentation of Orfeo at the Brooklyn Academy of Music, in conformity with the provisions of the touring agreement. Discussion held. Motion made and carried unanimously to approve the request, provided that the rehearsal is not a dress rehearsal.

Meeting adjourned at 4:05 p.m.

TUESDAY, APRIL 16, 2002

Meeting called to order at 11:27 a.m. Present: President Moriarity, Recording Vice-President Price, Financial Vice-President Hafemeister, Executive Board members Blumenthal, Crow, Gale, Giannini, Landolfi, Reynolds, Rohdin, Shankin and Weiss, Controller Bogert, Assistant to the President Dennison, Jazz Advisory Committee Liaison Owens.

President Moriarity distributed a bylaw submitted by a member that would require Executive Board members to participate in five labor rallies in each calendar year. Discussion held. Motion made and carried unanimously to report this bylaw without comment.

Moriarity submitted a proposal from a management consulting company that would analyze the local’s business systems with a view to making recommendations to improve the efficiency of the operation. Discussion held.

Moriarity distributed a memorandum of agreement between Metropolitan Opera management and Local 802 for terms and conditions for Metropolitan Opera Librarians. Discussion held. Motion made and carried unanimously to approve the agreement, subject to ratification by the bargaining unit. Discussion held on the status of negotiations for the Metropolitan Opera Extra and Associate Musicians agreement.

Assistant Director Lennon present at 12:35 p.m.

A report was made that the Cab Calloway orchestra, under the leadership of Christopher (Calloway) Brooks, had recorded a nonunion session which resulted in the release of a CD. The board instructed Senior Business Rep Jackson to contact Brooks for information about the session and payment for the musicians.

Motion made and carried unanimously to contribute $250 from TEMPO802 to “Friends of [NYS Assemblymember] Scott Stringer” for a May 9 fund raiser.

Motion made and carried unanimously to contribute $250 from TEMPO802 to “Friends of [NYS Senator] Eric Schneiderman” for an April 25 fund raiser.

Moriarity presented a request from a career counselor to assist in retraining Local 802 members. Discussion held, during which board member Weiss provided a brief overview of the Actors’ Work Program, the Actors’ Fund’s retraining program for entertainment professionals.

Moriarity reported on the financial statements of Local 802’s Emergency Relief Fund. As of Dec. 31, 2001, the fund had net assets of $476,234, compared to $585,065 on Dec. 31, 2000.

Moriarity reported on the Health Benefits Plan meeting held earlier in the day. The meeting was devoted to the possible restructuring of the Plan due to rising costs and declining income. The fund trustees scheduled a future meeting and requested more information and other options for change from the consultants and advisors. A general discussion on health care ensued.

Motion made and carried unanimously to approve the March 2002 vouchers.

Meeting adjourned at 1:20 p.m.