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The Associated Musicians of Greater New York AFM Local 802 urged a New York federal court Wednesday to dismiss duty of fair representation claims from two orchestra musicians, arguing that the plaintiffs didn't raise allegations of "any plausible violation" of an arbitration award reinstating the duo.

Local 802 filed motions to dismiss suits from New York Philharmonic trumpet player Matthew Muckey and oboist Liang Wang, who accuse the union of not making efforts to enforce a 2020 arbitration award. The Philharmonic also filed separate motions to dismiss the musicians' complaints Wednesday.

"A union does not violate the DFR when it has a reasonable basis not to seek enforcement of an arbitration award," Local 802 said in its motion over Wang. "Such is the case here, as the Philharmonic fully complied with the award at the time of issuance and Local 802 reasonably determined that it was not appropriate to seek enforcement four years later."

The union argued in both motions that the musicians hadn't alleged "any plausible violation of the award."

According to the separate complaints filed in May, the Philharmonic suspended Wang and Muckey after the publication of a New York Magazine article in April, which mentioned the 2020 arbitration award. An arbitrator reinstated the duo after the musicians were terminated in 2018 over claims from years ago, according to court documents.

In his suit, Muckey said he was terminated when former Philharmonic probationary musician Cara Kizer's allegations of sexual misconduct in 2010 reemerged. Muckey denied the allegations, according to his complaint.

Wang said he didn't face the allegations connected with Kizer, according to his suit. According to a footnote in Wang's complaint, "his termination and resulting arbitration principally concerned different events at a different time (several years before 2010)."

Both musicians accused the union of not taking steps to enforce the 2020 arbitration award when the plaintiffs were suspended. Wang and Muckey also alleged that the Philharmonic violated the arbitration award and the collective bargaining agreement.

Local 802 contended on Wednesday that there isn't a violation of the labor contract because both musicians are being "paid in full."

"Nothing in the CBA requires the Philharmonic to schedule a musician to rehearse or perform," the union said in its motion over Muckey. "Rather, the CBA only mandates that members of the orchestra be 'employed,' i.e., paid, for 52 weeks each year."

The union said that it didn't decline requests from Muckey and Wang to enforce the award but "would await the results" of the Philharmonic's investigation into the orchestra's workplace culture.