August/September 2016: Andrew Schwartz v. Russell Bartmus.

I. CHARGES: Local 802 Officer Andy Schwartz (Recording Vice President) brought charges against Russell Bartmus: violation of Article IV Section 1 (g), “to fail to file properly executed contracts with the Recording Vice President of the Local on official contract blanks furnished by the Local” and (n), “to solicit, agree, accept or tender payment for any musical engagement for less than or in violation of the stipulations of the Wage Scales governing same” and (ii), “to commit any act of bad faith or unfair dealing which has for its purpose the injuring of the Local or any of its officers or members, or the American Federation of Musicians, its locals or the officers and members thereof, respecting the affairs and welfare of the Local or the American Federation of Musicians or any of its affiliated locals, or respecting in general the welfare of the musical profession.” The 802 Trial Board convened to hear this case in 4 sessions.

II. SUMMARY OF PROCEEDINGS: First session on June 14, 2016 at 1 p.m., ending 3 p.m. Present: Eidem, Gorruso, Lorentsen (acting Chair), Moschel (acting Clerk), Moye, Rubinstein. Absent: Blanc (recused), Shulman, Willis. Present to testify: Andy Schwartz (Local 802 Recording Vice President), Steve Danenberg (Assistant to Music Prep Supervisor), 802 member (copyist) Russell Anixter, and defendant Russell Bartmus. 802 charges that Bartmus (member of both NYC 802 and LA 47) charged inappropriate Local 47 copying rates for pre-Broadway shows from 2008 to present. 802 bylaws stipulate that 802 members receive Local 802 rates for copywork.

Second session on August 22, 2016 at 1 p.m., ending 5 p.m. Present: Eidem, Gorruso, Lorentsen (acting Chair), Moschel, Moye, Rubinstein, Shulman (Clerk), Willis. Absent: Blanc (recused). Present to testify: Anixter, Danenberg, Harvey Mars (Local 802 legal counsel), Schwartz, and defendant Bartmus. Testimony by Anixter, Danenberg, Schwartz, and Bartmus concerning jurisdiction, rates.

Third session on August 29, 2016 at 1 p.m., ending 3:20 p.m. Present: Eidem, Gorruso, Lorentsen (acting Chair), Moschel, Moye, Rubinstein, Shulman (Clerk). Absent: Blanc (recused), Willis. Present to testify about trial procedure: Schwartz.

III. DETERMINATION: After discussion, Board votes on charges and fine: IV(1)g: guilty; IV(1)n: guilty; IV(1)ii: not guilty. Fine: $5,000. All votes unanimous.

Fourth session on September 15, 2016 at 1:10 p.m., ending 3:15 p.m. Present: Eidem, Gorruso, Lorentsen (acting Chair), Moschel, Moye, Rubinstein, Shulman (Clerk). Absent: Blanc (recused), Willis. Present to testify: Dannenberg, Gagliardi, on 802 bylaws and details of contract liability.

IV. PENALTY/AWARD: After discussion, Board votes for penalties/remedy (over and above the $5,000 fine): $18,000 penalty; Bartmus suspended for 6 months from any Leader (Supervisor) position for theatre work. All votes unanimous.

Respectfully submitted, Steve Shulman, clerk, Local 802 Trial Board