NEWS

Accomplishments of the Gagliardi Administration, Year by Year

 

2010

  • Much of 2010 was spent restructuring Local 802 in order to better serve the members. Improvements included modernization of computer infrastructure.

  • Gagliardi elected to the International Executive Board of the American Federation of Musicians of the United States and Canada.

  • Gagliardi appointed as a union-side Trustee of the American Federation of Musicians and Employers Pension Fund.

  • Gagliardi appointed to AFM International Media Oversight Committee.

  • Rejuvenated Local 802’s Live Music campaign, including running spots on 1010 WINS to bring attention to Local 802 and remind the public that Live Music is Best.

  • Began bargaining for new agreements with the NYC Ballet, Metropolitan Opera, New York Philharmonic, NYC Opera and Broadway.

 

2011

  • Won a new, five-year Broadway agreement with increases in every year of the cycle. Theatre minimums will remain locked into place through 2016.

  • Won new agreements with the Met Opera, Radio City Music Hall, NYC Ballet, Stamford Symphony, New School and Apollo Theatre, plus many others.

  • Became the first AFM local within the United States to reach an agreement with Cirque du Soleil.

  • Won a groundbreaking agreement with producers of the Winter Jazzfest, our biggest jazz festival contract yet.

  • Expanded our jurisdiction to cover the members of AFM Local 809 (Middletown, NY) and AFM Local 52-626 (Norwalk, Conn.)

  • Challenged the producers of “Priscilla” over the use of canned music. In the process, we developed a high-profile campaign to save live music on Broadway and a state-of-the-art Web site, www.SaveLiveMusicOnBroadway.com.

  • Revitalized and joined forces with the Council for Living Music, which commissioned a survey of Broadway audiences. We now have hard data to support our position that the public wants more live music, not less.

  • Won contracts for dozens of Off Broadway and developmental theatre productions, which means all of the musicians involved enjoyed the protection of Local 802 agreements.

  • Supported the Detroit Symphony Orchestra during its grueling six-month strike.

  • We won a successor agreement with the Westfield Symphony. The symphony is in the jurisdiction of AFM Local 151 (Elizabeth, N.J.), but since 90 percent of the musicians belong to Local 802, they almost always rehearse in New York City. In 2000, Local 151 allowed us to seek recognition and bargain with management.

2012

  • Fought back taped music at Lincoln Center twice this year. The Paul Taylor Dance Company used canned music for a three-week residency in April, and a one-night ballet festival used canned music in October. Our message to Lincoln Center is that musicians and audiences will not tolerate canned music.

  • Local 802 was represented by several AFM officers, including Gagliardi, at the historic Beijing Treaty on Audiovisual Performances and at the 2012 Congress of the International Federation of Musicians (FIM), held in Argentina. We submitted a resolution to the congress calling for “no collection without distribution,” which was adopted unanimously.

  • Significantly ramped up our Justice for Jazz Artists campaign with musical marches, tons of press coverage and much more intensity. We also began a campaign to bring more live music to hotels.

  • Hosted at least four major events in the club room this year: an AFM organizing summit, a nightlife forum with State Sen. Tom Duane, our eighth annual Meet and Greet for theatre musicians, and a very successful event sponsored by the Actors Fund called “Beyond the Gig,” which dealt with how to manage your career as a musician.

  • Kept our union financially stable with prudent spending and better use of our resources. In this economic climate, that was no small feat.

  • Continued to support musicians through our Emergency Relief Fund, Musicians’ Assistance Program and Anne Walker Scholarship Fund.

  • Lobbied, in tandem with AFM Legislative Director Hal Ponder, for the FAA Modernization and Reform Act (H.R. 658), which Congress passed. The law finally established a uniform national policy regarding musical instruments on airplanes.

  • Ratified many new agreements, including the master club date agreement, contracts covering the Metropolitan Opera Staff and City Center/Encores, and agreements covering dozens of Off Broadway productions.

  • New York Musical Theatre Festival agreed to cover all musicians under a Local 802 agreement in all of its shows this year.

  • On the national front, assisted the AFM in several recording contracts. The AFM achieved a new Pamphlet B touring agreement which finally eliminated unwanted tiers that enabled some shows to be launched with ultra-low wages.

  • Handled major grievances, including the settling of the grievance over the show “Priscilla,” where producers had hired fewer musicians than the minimum and instead used a recording to provide the sound of strings and to augment the winds and brass. Collected over $21,000 in re-use fees from ABC, which was paid back to the musicians.

  • In a campaign called Operation Fair Play, assigned reps to various venues to assure that our major venues stay union, including Lincoln Center, Radio City Music Hall, Madison Square Garden and many more.

  • Reinstated our Unfair List so that musicians know which employers to watch out for.

  • Kept our members informed about the Affordable Care Act to let them know how it might affect them.

  • Laid the groundwork for a new Local 802 Internet radio station.

  • Redesigned the Local 802 Web site.

  • Local 802 journal Allegro won local and national prizes for best labor publication.

 

2013

  • Forged connections with the British Musicians’ Union to advance the interests of theater musicians on both sides of the pond.

  • Gagliardi participated in a panel at the NYC Bar Association Entertainment Law Committee entitled “Hot Topics in the Music Business.” Panelists included representatives from the Writers’ Guild East, Actors’ Equity, IATSE, and the newly merged SAG-AFTRA.

  • Gagliardi met with Senator Charles Schumer’s chief of staff in Washington, D.C. along with AFM President Ray Hair concerning tax credits for movie studios.

  • Local 802 was able to revise the brand-new NYC sick pay law to ensure that musicians will be covered under it. The new law gives many employees in NYC the right to paid sick days for the first time. In an early draft of the law, the definition of “employees” wasn’t defined broadly enough to include musicians. Thanks to successful lobbying on our part, the language that we preferred made it into the law. This was truly a Local 802 success story: using our political influence, we were able to correct a deficiency in the law. This is another example of why politics really does matter to our members.

  • Gagliardi was asked to serve on the steering committee of a new organization called One Percent for Culture. This group has a simple mission, but one that could shake things up in a big way: getting New York City to invest one percent of its expense budget in culture, including live music.

  • Achieved a new deal with the New York City Ballet. The new contract includes a 2.75 percent wage increase over the first 18 months with another increase of 3 percent in the last six months, as well as other benefits. 

  • Gagliardi was asked to join the board of Inside Broadway, a wonderful organization that works to bring the magic of live musical theatre to the next generation of audiences.

  • Reached agreement with the New York Philharmonic on a new four-year contract with increases in each year.

2014

  • Bargained a historic agreement with the Metropolitan Opera despite fierce pressure from the employer to take substantial cuts. What we were able to accomplish was unprecedented. There will be, on retainer, an independent financial analyst, who will report directly to the unions and the Met, to notify either party of financial issues and to monitor spending. For every penny the unions conceded, an equal reduction must be made by management. Importantly, there will be no changes to the work rules that we have bargained so hard for over the decades.

  • Gagliardi represented Local 802 at the International Federation of Musicians conference in Rome.

  • Gagliardi represented Local 802 at an International Federation of Musicians (FIM) conference on online music in Budapest. The result of this important conference was a declaration from the constituent unions of FIM decrying the inadequate remuneration to performing artists when their work is exploited online through both interactive media (where users can pick their own playlist) and non-interactive media (such as internet radio).  It was agreed that a 50-50 share of online revenues with the record producers was necessary for payment that is fair and proportional to the value of our contribution.

  • Reinforced ties with the British Musicians’ Union in London, a key source of information about shows headed to Broadway and a partner in combatting employer attacks on our agreements.

  • Local 802 made history when it led the labor contingent of the historic People’s Climate March.

  • Reached agreement with the Paul Taylor American Modern Dance Company to re-establish its relationship with Local 802 and restore live music to its performances after decades of performing to recorded music.

2015:

  • Gagliardi appointed by Mayor Bill de Blasio to the Cultural Affairs Cultural Plan Citizens’ Advisory Committee. The committee will advise the Department of Cultural Affairs on the development and implementation of New York City’s first Cultural Plan. 

  • Signed a new collective bargaining agreement with City Center, covering its Encores series. 

  • Successfully renegotiated our Jewish Club Date Agreement, which had expired in 2009.

  • Gagliardi traveled to Belgrade to take part in meetings of the Societies’ Council for the Collective Management of Performers’ Rights.

  • Local 802 was involved in rallies for a $15 minimum wage, which culminated in some victories: New York state will gradually raise the minimum wage for fast-food workers to $15 an hour and state workers in New York City will earn $15 an hour by the end of 2018.

  • Assisted the AFM in negotiations for a new Public Television contract, which covers musicians when they play on public TV. We are making some progress, but it is slow going.

  • The AFM and Local 802 reached an agreement with Sesame Workshop covering the musicians working on “Sesame Street.”

2016:

  • Gagliardi attended a meeting of the International Federation of Musicians, hosted by the Musicians’ Union of Japan, to advocate for fair remuneration to musicians when their tracks are streamed on the Internet. 

  • Gagliardi serves as a delegate to the Congress of the International Federation of Musicians in Reykjavik, again working to expand the global campaign of fair remuneration to musicians for the exploitation of our product on the internet. Other issues addressed at this Congress were the problems musicians face with airline travel, including carrying instruments on airplanes and traveling with instruments that contain African ivory, ebony, pernambuco and other special materials.

  • Gagliardi was appointed one of the six trustees of the AFM & SAG-AFTRA Intellectual Property Rights Distribution Fund.

  • Gagliardi continued to meet with the NYC Cultural Plan Citizens’ Advisory Committee, a group of stakeholders in the arts community that seeks to help the city develop a cultural arts plan.

  • Produced a new series called Jazz in the Afternoon, which raises money for our Emergency Relief Fund. 

  • Achieved an agreement covering musicians who performed in Cirque du Soleil’s show “Paramour” at the Lyric Theatre.

  • Broadway musicians ratified a new contract with the League. Theatre minimums remained unchanged and the new contract also included a raise for musicians as well as provisions for workplace health and safety and a greater dialogue regarding electronic music.

2017

  • Revitalized Local 802’s Diversity Committee.

  • Announced the debut of our Emerging Artists Project, which will give a $40,000 grant over four years to new ensembles.

  • Announced the development of our new referral site at NewYorkMusicians.com. We’ll be using the site to let our members market themselves to people who want to hire musicians. Every gig booked through this site will be done via a union contract. 

  • Gagliardi was awarded a Broadway Beacon Award by Inside Broadway. These awards are presented annually to leaders who help increase the audience for live theatre and who understand the importance of arts and education in the lives of New York City’s young people.

  • Gagliardi was a recipient of a corporate social responsibility award by City & State New York for my work in the labor sector.

2018

  • Local 802 and Lincoln Center’s American Songbook reached an agreement guaranteeing area standards for the shows that are presented as part of the series. Musicians performing for American Songbook can now count on being paid according to the standards of the Local 802 Club Date agreement. 

  • The Immigrant Arts Coalition, a new alliance of New York City cultural organizations, has unveiled an agenda aiming to recognize the important and ongoing contributions of immigrant artists and arts organizations representing America’s diverse cultural mosaic. Local 802 theatre rep Marlena Fitzpatrick García was elected president of this coalition and Local 802 has joined the group.

  • Awarded the inaugural Emerging Artist Project grant to the Roxy Coss Quintet, which was one of 52 applicant groups for this important new initiative.

  • Hosted the most recent meeting of the Artist Rights Caucus. Recently, federal legislation aimed at updating copyright law has been introduced. In addition to supporting the Fair Play Fair Pay Act, Local 802 recently endorsed the Music Modernization Act and the Copyright Alternative in Small-Claims Enforcement Act of 2017. 

  • Reached a new agreement with the New York Philharmonic. The agreement calls for an increase of 4.5 percent in base scale wages. Local 802 member and cellist Nathan Vickery, who served as chair of the orchestra’s negotiation committee, said that “the artistic standards that make the Philharmonic world renowned will remain highest when the musicians who make music each and every night are supported.”

  • Gagliardi attended the annual conference of the Sphinx Organization in Detroit. The organization is dedicated to transforming lives through the power of diversity in the arts.

  • Created a new sexual harassment response procedure.

  • Completed a successful negotiation with the Metropolitan Opera, joining forces at the table with the union representing the Met’s choristers, the American Guild of Musical Artists.

  • Gagliardi named one of City & State’s Labor Power 50, citing Gagliardi’s “advoca[cy] for the ability of musicians to make a fair living and protect[ion of] live performance and recording industry standards.” 

The Gagliardi Administration's Record on Jazz

 

The Gagliardi administration's mission involves taking steps to reach and represent under-served communities in our industry.  We are remaking our union into a welcoming place for all musicians. 

We recognize that there are large, industry wide issues that must be addressed for this to happen.  A few examples of these issues are a slow attrition of members, new forms of performance that must be brought under contract and a wide diversity among people who identify as musicians. 

This administration has done much to position itself better as a relevant resource for all.  Let's look at jazz.

Local 802 has succeeded in several ways in engaging the jazz community, historically under-represented by union contracts.  

Recording Vice President Andy Schwartz oversees the Jazz Mentors series, which takes place once a month in the Club Room at 802, bringing professional jazz musicians into the union to talk to students and young jazz professionals.  These events attract large and appreciative audiences who have learned much from artists such as Christian McBride, Regina Carter and Camille Thurman. 

Another series in the Club Room, produced by the Jazz Foundation of America, offers 2 jam sessions per month.  All are invited to play and network with other musicians.  Many have taken advantage of these events.

We have also initiated an educational program at 802 specifically aimed at high school students.  Overseen by the Executive Board's Alvester Garnett, the Student Jazz Jam brings teenagers to the union to jam with and learn from established jazz artists.

On the organizing side, 802 has successfully brought the Winter JazzFest under contract as well as the Jazz in July series at the 92nd St. Y and the American Songbook series at Lincoln Center (jazz and pop), adding to our growing representation of jazz and jazz musicians.

Local 802, under this administration, is changing as our business changes around us. We are always aware that we must adapt to new needs while serving musicians in new environments if we are to remain vital.

Vote Members Party December 4th, 2018
Skill. Experience. Leadership.

The Gagliardi Administration Record on Live Music.

While at Local 802, this administration has engaged in supporting, promoting and fighting for the high standard and value of all live musical performance.

On Broadway:
President Gagliardi has led the negotiations for 3 successor agreements to the Broadway contract since the 2003 strike after which the minimums were reduced.  In the course of several difficult negotiations, 802's main priorities were to maintain the minimums in each theater and raise wages. We did that. Despite the flawed Special Situations language in the Broadway contract, this administration has consistently pushed for legitimate justification from producers regarding their use of fewer musicians, challenging them on use of acoustic emulation, electronic augmentation and recorded tracks to replace musicians.  These situations do not and will never qualify as 'Special Situations'.  Our vigorous defense of the Broadway contract and our challenges to the implementation of the Special Situations clause has helped us hold 418 chairs as of August (up from 300+ in 2003) on Broadway in the 28 musicals currently running in our theaters.

At Lincoln Center:
In 2012, the Paul Taylor Dance Company began an annual season at Lincoln Center, without live music. 802 leafleted that first season, mustering dozens of musicians every night to stand and inform the dance-going public about the unconscionable use of taped music at Lincoln Center performances. Conversations with the Paul Taylor Company were fruitful, thanks to the hard work of Financial VP Tom Olcott.  Olcott also formed a consortium of presenters, educators and foundations to help find the resources the Company needed to be able to include orchestra in future seasons.  Resources were found and, since 2015, the Paul Taylor season at the David H Koch Theater at Lincoln Center employs a full, live orchestra every year.


Elsewhere at Lincoln Center, several hard-won agreements narrowly averted work stoppages, which could have crippled the orchestras and the companies that employ them.  802 achieved labor peace across the complex and kept the music playing.


In Live TV:

Local 802 had a front row seat at the Live TV national negotiations that took place earlier this year.  Employers are trying to carve musicians out of any payment for streaming their product, or for made-for-new media product.  President Gagliardi is fighting to ensure that all musicians who work for Live TV (SNL, Harry Connick, the Late Show, the morning feature shows, etc.) will get the wages and benefits to which they are entitled, especially in the world of made-for-internet and on-demand new media.

 

Here is what the Gagliardi administration has done for Local 802.

This administration has taken several steps to attract new members and to position itself more as a relevant resource for underserved communities.  We have set goals and our efforts to achieve them are paying off.


Last year, Local 802 launched its new initiative, the Emerging Artists Project.  This is a 4 year, $10,000 per year grant program for ensembles new to the NYC music scene.  In its first year, 51 ensembles applied, comprising over 300 musicians.  Approximately 3/4 of those musicians were not union members and, prior to applying to this program, had had no contact with the union.  We expect even larger numbers to apply this year. 


802's organizing department has already begun a campaign to connect with all these musicians to learn from them how the union may serve them and, ultimately, bring them into our fold. 


This program was successful on other levels as well.  802 received a grant from the AFM to help fund this program, making our Local's total investment in the launch approximately $2,000 (plus the grant).  For the amount we invested, we got a lot of value.

Local 802 Has a Voice

Local 802 now has a voice, both at City Hall and in Albany. The Gagliardi administration has refined and focused the use of our Public Relations budget (a budget mandated by bylaw). We benefit daily from the close relationships with City Hall and State officials, relationships that were built through our Public Relations initiatives. PR is a priority for this administration. For previous administrations, it was not.Local 802, for the first time, has a voice in advocating for the rights of musicians to be fairly compensated when their media content is exploited on the internet. President Gagliardi has become a leading advocate for musicians at several international conferences by bringing 802’s collective voice to the bargaining table. In addition, he developed relationships with the British Musicians Union (MU) in order to better represent theater musicians on both sides of the pond. This activism, both alone and allied with the AFM, did not exist in previous administrations.

 

Local 802 has a voice because it continues to have strong assets. Gains and losses vary from year to year. Variables include personnel costs (positions being filled), legal costs (negotiations such as the Met) and the fact that we own our building (capital improvements are necessary on a regular basis, e.g. the recent installation of a new HVAC system). According to the LM-2s filed with the Department of Labor, Local 802’s assets have had an overall 11.4% gain since 2010 with an average gain of 2% over 8 years. As a non-profit, we are holding our own.

 

Adam Krauthamer’s MFC, strangely, continues to criticize these significant accomplishments. We feel Local 802 members deserve an honest campaign, one that focuses less on invented scandals and more on looking to our collective future.

 

Members demand a public debate between candidates to address these issues in person rather than in unchallenged email accusations.

 

Here is what the Gagliardi Administration did for the Musicians Health Fund

President Gagliardi and his appointed trustees successfully overhauled the Musicians Health Fund post-Affordable Care Act
 
After the Affordable Care Act (ACA) passed in 2010 the Local 802 Musicians Health Fund (MHF) deadline to bring its plans into compliance was October 1, 2014.  Prior to this date, the only complete health coverage besides the costly Empire Blue Cross HMO was Plan A+, the higher level plan and that was unavailable to most musicians.
 
The annual and lifetime caps on benefits had to be eliminated and other changes had to be made to comply with the ACA. This made the coverage more expensive. 802 trustees Co-Cair Tino Gagliardi, Martha Hyde and Tom Olcott spent hours with employer trustees, Co-Chair Chris Brockmeyer and David Richards to design a plan that would deliver greater value at a lower cost than the ACA plans available on the state marketplaces. This was accomplished and now both levels, Plan A and Plan A+ are full-service health plans. Moreover, the Plan B level offers free dental and vision coverage to those musicians who don’t reach the Plan A A+ levels.
The Musicians Health Fund is now working as it was designed to and is in good financial health.
Changing over to ACA-compliant plans was a huge undertaking and its success is an equally huge achievement for this administration. 
 
We wonder how Krauthamer will work with health fund Co-Chair Chris Brockmeyer, whom he has completely alienated.

An Unseen Campaign

Adam Krauthamer is running for president of 802 and is conducting two campaigns. One is very visible: introducing his slate, holding events, sending out notices and gathering endorsements. The other is an unseen campaign of threatened litigation that looks like an attempt to shut down the union business activities of elected officers who are incumbent candidates. We think you should know about the unseen campaign.

 

Since the early 80s Local 802 has had an Executive Board made up of rank-and-file working musicians. The reason for this is to keep the Local in touch with its members and vice versa. The Executive Board is in a unique position to see first-hand the work being done at the Local while having everyday contact and rapport with the musicians whose lives are affected by that work. There are a number of subcommittees of the Executive Board that focus on different aspects of that contact: membership meetings, political endorsements, public relations and general communications, to name a few.

 

Krauthamer has lodged a number of pre-election complaints that deny the need for this contact. He has stated through his lawyer that the paid staff of the Local already does all of the communicating, which according to him, makes work like this by Executive Board members unnecessary. He has accused one particular subcommittee of using union resources to campaign for re-election when what they have done for years is the work of informing, listening and reporting to members, all strictly on their own unpaid time, using their own research and resources. We think he may have focused his ire on this subcommittee because it is composed of individuals who have taken issue with his narrative about the AFM pension fund, which seems to be the only platform from which he is running for 802 president.

 

We think a democratic, competitive contest of ideas about the Local and its future is healthy. But we also cannot stop the work of the Local, including announcements, education and reporting of business that is relevant to musicians’ lives. Krauthamer’s campaign to shut that down is ironic in light of his complaint that the Local doesn’t communicate enough with its members. 

 

In the past two election cycles there was no opposition so no election was held. (There would be no reason for the Local to spend $20,000 to hold an election unless an office was contested). This year we have more than one candidate for almost every position, giving musicians a real choice. We welcome the chance to engage with the other candidates on concrete ideas for moving the Local forward and we look forward to sharing what we have done over the last 9 years with everyone. The only concrete plank on Krauthamer’s platform is the AFM pension fund which is very important to 802 musicians but is a national entity and is not administered by 802.  We are all upset about the state of the pension fund and we can certainly engage on that very important topic. However, we also think a track record of engagement with Local 802 and its business is important to musicians and so far the only engagement by Krauthamer on the Local’s business we’ve seen is a litigious attempt to shut it down.

Vote Members Party December 4th, 2018
 

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