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November 28, 2004

NoLandGrab Exclusive:
Brooklyn Musicians Seek Community Benefits Agreement with Ratner

A group of Brooklyn musicians have broken away from the coalition of local activists who oppose Bruce Ratner's proposal, in order to independently negotiate a Community Benefits Agreement (CBA) that addresses the needs of freelance musicians who live in Brooklyn or somewhere else, NoLandGrab has learned.

Whitney Benjamin (aka Whitney Been-Jamin'), a Prospect Heights resident and charter member of Brooklyn Underemployed Musicians Making Employment Real (BUMMER), has admitted that he has been participating in closed-door negotiations with FCR Exec. VP Jim Stuckey. Been-Jamin' gives the following reason for his break with arena opponents: "Develop Don't Destroy and their supporters were, like, really bumming me out. When I heard Stuckey say that FCR's door was open, I called him up. You know, he is not really the anti-christ -- he actually cares."

(click the link below to read the Draft CBA)

BROOKLYN UNDEREMPLOYED MUSICIANS CBA

The following is a draft Community Benefits Agreement submitted for review to Forest City Ratner, Inc. concerning the Brooklyn Atlantic Yards proposal. The purpose of this agreement is to provide increased employment opportunities and insure the quality of life for Brooklyn-based Musicians, and those in the surrounding area. Any similarity to Local 802 policy is coincidental and should be taken with a grain of salt.

  1. EMPLOYMENT

    A. All half time events at Nets games shall include no less than 12 “live” (actual breathing) musicians, wardrobe shall be provided as well as a fully catered hot meal.

    B. Any use of synthesizers or digital samplers to enhance musical arrangements or provide "musical environment" shall be offset with double scale payments to the synthesist performer as well as the instrumentalists replaced.

    C. Any musician used to play multiple instruments (i.e., singers playing tambourines, trombone players playing bass drum) will also be paid double scale.

    D. Vocalists will be paid according to Screen Actors Guild (SAG) contract, and any visual appearances on TV (accidental or intentional) by either vocalists or musicians will be subject to SAG royalties and re-use fees. Fans in attendance who sing may also have the option of joining SAG for possible royalties, though the $2,000.00 initial-membership fee may be a prohibiting factor.

    E. Additionally, musicians will be entitled to first rights for concession jobs on a nightly basis if there are any vacancies not filled by regular employees of the arena, and if they are not deemed a safety hazard in the performance of these duties.

  2. ADDITIONAL PERFORMANCE VENUES

    A. Any public courtyard or convening areas that are part of the arena, or the surrounding 17 building megaplex shall include stages, lighting and amplification for up to 12 actual breathing musicians.

    B. As well as direct payments and royalties to performers (outlined in paragraph #1) there will also be a fully catered, hot meal provided to performers at each gig.

    C. The above-mentioned performances, staffing, and facilities will be paid for privately by the Forest City Ratner Board of Trustees. An initial budget plan of $10,000,000.00 will be outlined in a separate document.

    D. In addition to pre-planned performances, there shall be designated "Street Performer Areas" demarcated by a painted white circle approximately 12 feet in diameter placed every other street corner. These areas will be available and active between the times of 12:00 p.m. and 10:00 p.m. daily.

  3. HEALTHCARE BENEFITS

    A. There shall be a fund set up by Forest City Ratner in conjunction with Local 802 which stipulates that 5% of proceeds from every Net's game will go to a Musician's Health Insurance Fund (MHIF).

    B. MHIF will be used to cover the costs of the new Musicians Comprehensive Health Care Plan (The Plan). The plan will be "total coverage" including all major and minor medical needs, full dental, and drug prescription coverage as well as coverage for psychological counseling and alternative healing methods.

    C. To qualify for the The Plan, a musician must meet at least two of the following criteria:

    • Own or have access to a musical instrument.
    • Use said instrument as primary source of income or unemployment.
    • Live in Brooklyn, Queens, Bronx, Manhattan (including Harlem and Washington Heights), or within a 50 mile radius of Brooklyn Atlantic Yards.
    • Perform live, in the studio, or the shower at least 3 times/year. This also includes karaoke appearances.
    • Belong to the Park Slope Food Co-op.

    D. In the event that proceeds from Net's games fail to cover The Plan's costs from lack of attendance caused by an abysmally performing team, inability of fans to reach the arena due to horribly ensnarled traffic or the fact the Brooklyn Atlantic Yards proposal is scuttled and the thing never gets built in the first place, The Forest City Ratner Board of Trustees will personally cover all remaining costs.

    E. We recognize this is a new and brave proposal and therefore recommend a trial Health Care Plan period of 200 years.

    F. Finally, due to possible conflict of interest, no member of the Forest City Ratner Board or Marty Markowitz will be eligible for The Plan.

  4. HOUSING

    A. If, over our dead bodies, this monstrosity is actually completed, 95% of available housing in the 17 high-rise buildings will be made available to musicians (see definition in chapter 3, paragraph C.) at a fixed cost of $300.00/month.

    As per chapter 3, paragraph F, certain restrictions apply.

Submitted for you approval by Whitney Benjamin (Local 802 and Co-op member) dated Friday, November 26th, 2004.

Posted by lumi at November 28, 2004 7:55 AM