CONTEXT

Over the last 40 years, the size of the Broadway pit orchestra has diminished. Contractual rules,
known as minimums, guarantee a certain number of musicians in each Broadway theatre. On
one hand, producers argue that they should not have to pay for any more musicians than they
need. On the other hand, the musicians’ union wants to maintain jobs and preserve the sound of
a live orchestra. In 1993, the Special Situations clause was negotiated to allow producers to
petition for an exemption from the minimums rule for shows whose artistic integrity would be
impaired by a large orchestra. Here at the intersection of art and commerce, decisions are made
as to what kind of sound will support a musical based on the artistic desires of the creative staff
and the bottom line of a producer’s budget.

The issue of minimums is still prevalent today however in this presentation I will be examining
the history of Broadway minimums and the Special Situations clause between 1957-1993.

HISTORY OF MINIMUMS (1957-1975)

In the 1950s, it was common for every entertainment establishment to have a contract with the
musicians’ union that maintained a minimum number of musicians in their space. These
included Broadway theatres, dance halls, hotels, nightclubs and cabarets. According to Josh
Freeman, professor of labour history at Queens College, minimum rules were not uncommon in
union contracts for other industries, ranging ‘from longshoremen to sanitation men requiring a
minimum crew on their. In the earliest Local 802 collective bargaining agreement on file, dated 2
September 1963, minimums were based on the size of the theatre: