Local 655 Trial Board Minutes, February 27, 2003

Arthur Grossman Charges

Meeting called to order at 11:10 am. Present: Graves, Fox, Apana, Ballard, Harp, Raimondi, Roitstein; absent: Jefferson, Luger.

Arthur Grossman was admitted to the meeting and the charges against him were read. Grossman agreed to stipulate that the event in question did indeed occur. The appeals process was explained by Graves. Graves made note of correspondence with Grossman and alternatives offered prior to the asserted violations, none of which were denied.

In defense of the charges, Grossman offered the following mitigating circumstances:

• A contract on the engagement in question would indeed have been appropriate

• However, in his position as contractor of Palm Beach Pops, doing so would have been difficult

• PBP organizing campaign has made his position tenuous with the orchestra, the PBP is his primary source of income, and filing a contract might jeopardize his job as contractor

• He has been a union member since age 16 and was not trying to get away with anything, only to protect his PBP job

• The only violation he committed was failure to pay pension; all other charges are a result of this

• He will be the contractor for the same event next year as well

Graves noted the circumstances of this engagement reverting to nonunion, and of the suggestions made to allow someone else to contract the event.

Raimondi questioned Grossman on his position with PBP.

Ballard gave a case history of the PBP firing of BPO musicians.

Grossman noted that he has acted as a middleman for the musicians of the PBP, is pro-musician, and has always supported what is best for the musicians to PBP management.

Fox questioned Grossman on the possibility of his job being in jeopardy with PBP.

Roistein asked whether it had been considered to pay musicians an additional premium in lieu of pension contributions. Grossman noted that this was not considered and Graves noted that doing so would not have avoided violating the Bylaws.

Graves questioned Grossman on why he did not walk away from contracting the job. Grossman noted that this would have jeopardized his PBP position as much as filing a contract.

Grossman noted that PBP musicians do wish to have pension contributions made, and that PBP has been researching ways for the orchestra to do so.

Apana asked what would be necessary for Grossman to file a contract and pay pension on the engagement in question next year. Grossman responded that resolving the PBP organizing campaign would enable him to file contracts in the future.

Grossman was dismissed and the meeting recessed at 12:11.

The meeting resumed at 12:22. Discussion of charges and fines. MSC (moved by Graves) to find Grossman guilty of violations of 655 Bylaws Article XVII Section 2 and AFM Bylaws Article 12 section 23; to impose a fine of $1000; to hold the fine in abeyance for one year; and to dismiss the fine if during the one-year period Grossman does not commit any further violation of failing to file a contract and pay pension on a previously union-contract-filed engagement.

The meeting adjourned at 12:48.