For me, like many others, the new year is always a period of reflection both on the past and to the future. Right now, I would like to reflect on the past. It has been two years since I ceased practicing law to become a full-time officer of Local 802. For me the decision was an obvious and compelling one. As an attorney, I was constrained by the objectives and goals of the particular administration that was employing me at the time. The administration was my client, and as their attorney I was duty bound to represent them. As counsel to Local 802, I faithfully served five administrations with varying goals and priorities. Sometimes (but not often) I had to pursue objectives that did not comport with my own personally held ones. That is the dilemma in which attorneys often find themselves. Ethically, an attorney must zealously represent their client, even if that representation conflicts with their own ethos. As a union officer, I am free of that burden. I can now pursue the objectives that I believe the membership have elected me to pursue. I am duty bound and accountable to the membership and not the union’s administration. As many of you know, I have tirelessly pursued these objectives.

One of the major objectives I came into office to complete was to negotiate a good single engagement club date agreement. This contract is of critical importance in the single engagement field since it sets the prevailing rates for the entire single engagement field. I, with the help of Local 802 Principal Staff Representative Pete Voccola and bargaining unit members such as Tony Gorruso, helped us achieve one of the best contracts the union has achieved in over ten years. Increases were agreed to that totaled almost 14 percent over three years, and significant gains were made in mileage and transportation rates that had not risen in decades.

New School jazz instructors performed at the Rally for Respect in September 2022 (with special guest Harvey Mars on trombone). The instructors ultimately won a great contract.

Another important objective was to demonstrate solidarity with our sister unions during the UAW’s strike at the New School. Local 802 faculty at the Jazz School stood in solidarity with striking faculty members and did not cross their picket line. As a result, the jazz faculty achieved an agreement that contained a 24 percent increase in wages and some terms that were above the huge gains that the UAW had achieved to settle their own strike. In other words, we achieved “parity plus.” It was an extremely difficult task to preserve solidarity during the strike. Many faculty, with families to support, questioned the wisdom of engaging in a sympathy strike. While the strike was risky, the benefits achieved paid off significantly and proved once again that collective action is the most potent way to counter to unfair workplace treatment. The shop stewards and Local 802 Principal Business Rep Todd Weeks helped maintain solidarity during this tumultuous time.

The musicians of the DCINY orchestra won a first contract after four years of unified effort.

DCINY musicians are smiling because they’re playing with a union contract! Pictured at a November performance at Carnegie Hall are (from left) Irena McGuffee, Yumi Oshima, Lisa Heffter and Greg Williams. Photo by Greg Williams.

Finally, and maybe most importantly, was the successful completion of the DCINY negotiations. To me this was one of the most important negotiations that Local 802 has engaged in. In essence we created an entirely new bargaining unit and built a new collective bargaining agreement from the ground up. This agreement can serve as a paradigm for other similar bargaining units. Furthermore, the high level of committee involvement in organizing, developing proposals and job action support should serve as a model for future organizing and negotiating efforts. It took fortitude, patience and planning to achieve this agreement. Every tool in our toolbox was deployed to counter the hard bargaining tactics that DCINY employed: six rallies, five unfair labor practice charges (two of which resulted in a complaint issued by the NLRB), and, of course, a strike. It took four years, but we achieved a result the Union should be proud of.

My wife and I went to the DCINY performance of the Messiah at Carnegie Hall on November 26. It was a wonderfully joyous event witnessing the orchestra performing under their new union agreement. I was happy to greet many of the performing musicians as they left the stage. DCINY so far has performed three times under the new contract and more performances are scheduled in January 2024. This is quite a success story.

My department has also achieved new contracts with the Carlyle Hotel, the Pierre Hotel, the Apollo Theatre, Big Apple Circus, Westbury Music Fair, the Kaufman Center Teaching Assistants and Accompanists, Midori and Friends, the Children’s Orchestra Society, the First Reformed Church, Five Borough Brass, Inside Broadway, Steven String, Sixteen as One, Regina Violin, the 92nd Street Y Jazz in July series and M. Leonhart. In addition, we have reengaged our contractual relationship with the Jazz Foundation, which has resumed monthly performances in the Local 802 clubroom under a new Local 802 collective bargaining agreement. We negotiated a new agreement with the NYC Health & Hospitals to continue the Music for the Soul program. Finally, despite the loss of two of its founding members, with my assistance, the Local 802 Senior Orchestra has created a new board, with my assistance, and intends to return to Carnegie Hall in 2024.

Projects that we are currently working on include achieving union agreements with Broadway Sings, the Thompson Hotel as well as other New York City hotels, and the Second City nightclub. Negotiations underway are 54 Below, John Engeman Theatre, the Argyle Theatre, the Gateway Theatre and American Songbook.

The front page of our new hotel brochure

Finally, we worked with Local 802 Communications Director Mikael Elsila to produce two professional-class brochures: one for hotel organizing, and one for general membership organizing.

I look forward to a very productive New Year that achieves at least as much as we have achieved in the preceding year. I wish you all a very healthy and happy new year.

NYC EXPANDS ITS ANTI-DISCRIMINATION SCOPE

I am also very happy to report that as of November 22, 2023, New York City has enacted legislation that renders height and weight a protected classification. New York City has amended the New York City Administrative Code to protect individuals from employment discrimination on the basis of their height and weight. There will be exceptions to this statute identified by the New York City Commission on Human Rights, which is the city agency entrusted to enforce this law. For instance, if an individual’s height or weight prevents them from performing the essential functions of their job they will not be covered by the law. Similarly, if an employer’s consideration of an employees’ height or weight criteria is reasonably necessary for the normal operation of their business, they will be granted an exception..

New York has joined just one other state (Michigan) and several cities that prohibit height and weight discrimination. This is a very welcome piece of news that demonstrates New York City’s progressive stance and commitment to protect groups of individuals who have historically been subject to invidious employment discrimination.