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Theatrical Productions/Minimum Musicians Required
The U.S. District Court for the Southern District of New York denied a union petition to vacate the portion of an arbitrator's award that allowed the producers of the Elvis musical, 'All Shook Up,' to use a reduced-size orchestra for their Broadway production. Associated Musicians of Greater New York, Local 802, AFM, v. The League of American Theaters and Producers Inc., 05-CV-2769 (KMK). The collective bargaining agreement (CBA) at issue allowed for a reduction in the required minimum number of musicians for 'Special Situations.' The producers of 'All Shook Up' sought to use a 15-piece, rather than 19-piece required minimum, orchestra 'to create a sound for the show that emulates a typical early-Elvis-type 'band.” The union, and then a designated Special Situations Committee, denied the producers' request. An arbitrator later granted the production Special Situation status on the ground that 'the proposed instrumentation, which includes both the number and type of instruments, was driven by the 'musical concept.”
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