Musica Viva. Musica Viva Musicians unanimously ratified a new contract as they prepared for the 2004-2005 New York season at All Souls Church. The term of the agreement is Feb. 11, 2004 through Feb. 10, 2007. The new contract includes retroactive pay, filing language, and a ban on the virtual orchestra machine.

This collective bargaining agreement requires Musica Viva to pay musicians the expired freelance scale with a retroactive payment once the new freelance scale is established.

After each engagement, the freelance orchestra’s personnel manager must send work dues and pension and health contributions to the union. Along with these checks, the personnel manager must send a payroll form indicating exactly who was hired and send a detailed breakdown of musicians’ wages and benefit payments. Having these forms saved electronically will make it easier for Local 802 to make sure everyone is paid what they are owed.

The concert department is pressing for a ban on the virtual orchestra machine in every collective bargaining agreement. Every agreement with a ban sets an important precedent that reinforces the union’s commitment to live music.

New York Collegium. Local 802 has negotiated a one-year contract with New York Collegium, lasting from Sept. 1, 2004 until Aug. 31, 2005. This agreement also includes a ban on the virtual orchestra machine, an electronic filing clause, and a retroactive pay clause. As with Musica Viva, this orchestra pays full freelance scale.

JAZZ

Vanguard Jazz Orchestra. The Vanguard Jazz Orchestra has reached a new two-year agreement with Local 802 that continues to provide benefit contributions in behalf of the band’s members. The agreement covers the band’s Monday night performances at the Village Vanguard club.

This agreement, along with prior agreements, will insure that the regular musicians performing with the orchestra are vested in the pension fund. Vesting requires a minimum of five years of pension contributions. The agreement also provides for health insurance coverage at least equal to Plan B of the Local 802 Health Benefits Plan.

The Vanguard Jazz Orchestra began as the Thad Jones-Mel Lewis big band with weekly performances at the Vanguard beginning in 1966. After nearly 40 years, the band can claim one of the longest runs in the history of jazz. It continues to perform a wide repertoire of music ranging from original Thad Jones compositions to newly commissioned works.

OFF BROADWAY

Except where noted, the following agreements include health benefits of $7.25 per call (capped at $58 per week), doubling premiums of 12.5 percent for the first and 6.25 percent for each additional, a synthesizer premium of 25 percent, and a librarian premium of 12.5 percent. Pension pays 9 percent. Dress rehearsals are paid as performances. Musicians are reimbursed for transporting cartage instruments. Musicians earn one sick performance time off for every 48 performances worked. The agreements also guarantee the musicians run of the show and identity of product.

“The Immigrant.” The new two-year commercial Off Broadway area standards (see story on page 1) were contractually accepted by the producers of this show, Hello Entertainment (Frank Scardina, general manager). The production is at stage IV of the new Dodger Stages. The minimum side musician scale is $772.50, which includes the first doubling premium of 12.5 percent for an eight-performance week. The music director premium is 50 percent and the associate conductor is 15 percent. The rehearsal audition musician minimum scale is $824 for a 40-hour, six-day week. The hourly scale is $33.47, with a minimum two-hour call, and the hourly rehearsal scale for the orchestra is $22.66, with a minimum two-hour call. The agreement includes an in-costume, on-stage premium that is 30 percent of the current Broadway terms. All playing musicians who provide and care for their own instruments receive $25 per week for instrument maintenance, which bumps to $50 per week as of the sixth month of performances. Vacation pays 4 percent and begins as of the seventh week of performances. The minimum scale for group sales or event promotions is $32.50 per hour, with a minimum two-hour call. Music prep pays 85 percent of 802’s general price list. There are six musicians in the production. The contract contains a ban on the virtual orchestra.

“Lone Star Love: The Merry Wives of Windsor, Texas.” Local 802 negotiated an agreement with AMAS Musical Theatre, Inc. (Donna Trinkoff, producer) for this production going into the John Houseman Theatre. Although the theatre is between 200 and 299 seats, through special arrangements with Actors’ Equity and Local 802 the company was allowed to close off seating so that it became a 100-199 seat category theatre.

The minimum weekly scale for the side musician is $445 for a seven-performance or 36-hour rehearsal week. Once performances begin, the hourly rehearsal scale for the orchestra is $21 per hour, with a minimum two-hour call. The music director receives a premium of 50 percent for performances, and the hourly scale is $27 per hour, with minimum two-hour call. The associate conductor premium is 15 percent. Health contributions are $8.30 per call, capped at $58 per week. If the production extends under this employer the musicians receive a 25 percent pay increase and a vacation contribution of 6 percent.

Music preparation is 80 percent of 802’s general price list. The musicians are the Red Clay Ramblers. The contract contains a ban on the virtual orchestra.

Local 802 also reached an agreement with Jill Bowman, producer, for the extended commercial run of this show. The employer agreed to contractually accept 802’s new commercial Off Broadway area standards (see story on page 1). The production will continue at the John Houseman Theatre as a commercial production in the 100-199 seat category. The wages for the side musician bumps to $566.50 for an eight-performance week. The premium for the music director is 25 percent. Music preparation pays 80 percent of the general price list. All other standards are the same as listed above under “The Immigrant.”

“Under The Bridge.” A contract was negotiated with Alan Wasser Associates (Aaron Lustbader, general manager) for the production going into the 250-seat Zipper Theatre. The minimum scale for side musicians is $690.10 for an eight-performance week. The premium for the music director is 40 percent and the associate conductor 15 percent. The rehearsal/audition musician receives a minimum scale of $746.75 for a 40-hour/six-day week and an hourly rate of $28.32, with a minimum two-hour call. The minimum hourly scale for the orchestra is $20.08, with a minimum two-hour call. The synthesizer premium is 20 percent and vacation pays 4 percent. Music preparation pays 80 percent of the general price list. The contract includes a ban on the virtual orchestra machine.

CABARET

“Mandy Patinkin.” A music director’s agreement was reached with High Flyers Ltd. (The general manager is Sally Campbell Morse of the Dodgers.) The production takes place in Dodger Stages’ 499-seat theatre. The music director earns $300 per performance, $58 per week in health benefits and a pension of nine percent. The duration of the agreement was Sept. 2 through Oct. 28.

SHOWCASE

“Irrationals.” A showcase contract was negotiated with producer Edward Thomas for musicians performing in American Theatre of Actors (ATA). The minimum scale for the side musicians is $50 per performance for a maximum of 18 performances and $30 per hour for rehearsals, with a minimum two-hour call. The music director premium is 50 percent and the associate conductor 30 percent. Pension pays 8 percent. Music prep pays 100 percent of 802’s general price list. All musicians have identity of product rights.