FOLLOW US

America June 6, 2024 5 mins read

Union Seeks Dismissal of Musicians’ Claims Over Philharmonic Suspension

America ı By Rochdi Rais

0 Comments

Musicians' Philharmonic Suspension

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.

The Philharmonic said in its dismissal motions that the musicians hadn't pointed to where the arbitration award makes the orchestra schedule them for "rehearsals and performances regardless of the circumstances."

The musicians were put on paid leave "pending investigations into the culture of and conduct by employees" of The Philharmonic-Symphony Society of New York Inc., the orchestra said.

"Muckey cannot state a claim that the society breached the CBA by allegedly failing to comply with the award, since paid leave is not equivalent to termination," according to the orchestra's motion over Muckey.

The orchestra also urged the court to nix Wang's sex discrimination claims against the Philharmonic. Wang had alleged that the Philharmonic hadn't indefinitely suspended a female musician when there was a pending investigation.

In a related federal court case, Wang accused Vox Media LLC, New York Media LLC, and the journalist who wrote the New York Magazine article of defamation. In this suit, Wang said the article was defamatory because it falsely linked him to allegations involving Kizer.

Alan S. Lewis, who represents Wang, said in a statement to Law360 on Wednesday that the union and Philharmonic are trying to toss the claims "based largely on technical legal arguments that, in our view, lack merit."

"Our position remains that the Philharmonic, by suspending a world-class musician from performing, practicing, entering the orchestra's building, or attending meetings of the orchestra, imposed legally actionable negative employment sanctions," Lewis said.

Lewis added that the motions don't "seriously dispute that the Philharmonic suspended Liang mainly because he was the subject of a magazine article and because of the reaction of some members of the Philharmonic community to that article."

Jacqueline Gerrald, who represents Muckey, said in a statement to Law360 on Wednesday that the Philharmonic and Local 802 "continue to ignore the binding arbitration award that was rendered in Mr. Muckey's favor."

Gerrald explained that the award "determined that the false allegations from 2010 cannot serve as a basis for disciplining or taking any adverse action against Mr. Muckey, whether it's in the form of a termination of his employment or a suspension (paid or unpaid)."

"We will continue to fight the case vigorously," Gerrald said.

Susan Davis, who represents the union, declined to comment.

Representatives of the Philharmonic did not immediately respond to requests for comment.

Muckey is represented by Jacqueline C. Gerrald and Steven J. Hyman of McLaughlin & Stern LLP.

Wang is represented by Alan S. Lewis and Karen E. Meara of Carter Ledyard & Milburn LLP.

The union is represented by Susan Davis and Olivia R. Singer of Cohen Weiss and Simon LLP.

The New York Philharmonic is represented by Howard Z. Robbins and Joshua S. Fox of Proskauer Rose LLP.

The case is Matthew Muckey v. Associated Musicians of Greater New York, Local 802, American Federation of Musicians et al. and Liang Wang v. The Philharmonic-Symphony Society of New York Inc. et al., case numbers 1:24-cv-03348 and 1:24-cv-03356, in the U.S. District Court for the Southern District of New York.

Previous Article

Judge Dismisses $48M Negligence Suit Against BIA Over Wildfire

Read More
2772 Posts

Rochdi Rais

Rochdi Rais is the Head of Growth and financial and legal writer at USA Herald. He has been writing and editing financial, legal and U.S. news for years with over +4000 articles published during his career.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America September 20, 2026
Saquon Barkley Injury Sidelines Eagles Star After Brutal First Carry
By – Tyler Brooks
Opinion September 19, 2026
Trump’s Press Ban Puts His Ego Above Your Rights
By – Michallie Harrison
America September 19, 2026
Iranian Government Holds Rally as War With U.S. and Israel Continues
By – Jackie Allen
America September 19, 2026
Texas Shuts Down Houston-Area ‘Birth Tourism’…

Key Takeaways Texas Attorney General Ken Paxton announced that De’Ai…

By – Samuel Lopez
America September 19, 2026
Acquitted Michigan Brothers Sue FBI Agents…

Factual Background Michael and William Null, acquitted in 2023 of…

By – Samuel Lopez
America September 19, 2026
Businesses Face Rising ADA Lawsuits Over…

Key Takeaways Website-accessibility litigation is surging, with 432 new digital…

By – Samuel Lopez
America September 19, 2026
Maurene Comey Wants Her Job Back…

Key Takeaways Maurene Comey is challenging DOJ’s argument that Assistant…

By – Samuel Lopez
America September 19, 2026
Agreement Entered Into With Denmark And…

Key Takeaways The Trump administration announced a new Greenland agreement…

By – Samuel Lopez
America September 18, 2026
DC Productions Narrow as HBO Chief…

DC Productions are entering a more selective phase, according to…

By – Jackie Allen
America September 18, 2026
DC Productions Narrow as HBO Chief…

DC Productions are entering a more selective phase, according to…

By – Jackie Allen
America September 18, 2026
Princess Diana Wanted to End Engagement…

Princess Diana wanted to call off her engagement to then-Prince…

By – Jackie Allen
America September 18, 2026
Pentagon Drops 6th Tranche of UAP…

Key Takeaways Among the most extraordinary documents in the Pentagon’s…

By – Samuel Lopez
America September 18, 2026
Pentagon Recognized Religions List Sparks Debate…

A revised Pentagon list of recognized religions in the U.S.…

By – Jackie Allen
America September 18, 2026
Diddy’s Lawyers Seek To Exit $100…

Key Takeaways Attorneys representing Sean “Diddy” Combs have asked a…

By – Samuel Lopez
America September 18, 2026
Nicki Minaj Fights Personal Liability In…

NEW YORK — Nicki Minaj is fighting to remove herself…

By – Samuel Lopez
America September 18, 2026
Uber Ordered to Pay $40 Million…

Uber has been ordered to pay $40 million to the…

By – Jackie Allen
America September 17, 2026
DEA Investigation Into Hayden Panettiere Death…

A DEA Investigation into the death of actress Hayden Panettiere…

By – Jackie Allen
America September 17, 2026
Tyler Perry Plans Puerto Rico Move…

Key Takeaways Tyler Perry says he plans to move to…

By – Samuel Lopez
America September 17, 2026
Blueface Livestream Drama Raises Family Court…

Key Takeaways Repeated livestreams involving Blueface and Nevaeh Akira have…

By – Samuel Lopez
America September 16, 2026
Pentagon Admits Space Weapons Are Already…

Key Takeaways The U.S. has confirmed for the first time…

By – Samuel Lopez
And More September 14, 2026
Sydney Sweeney and Scooter Braun Celebrate…

Sydney Sweeney celebrated her 29th birthday with a public declaration…

By – Jackie Allen
America September 17, 2026
New Balance Sues Decathlon Over Kiprun…

Key Takeaways New Balance claims Decathlon’s mirrored Kiprun “K” logo…

By – Samuel Lopez
America September 17, 2026
OpenAI $1.2T Valuation Talk Headlines Week…

Numbers this large tend to blur into abstraction — until…

By – Tyler Brooks
Breaking News September 17, 2026
Fed Rate Hike Adds to Americans’…

WASHINGTON — A Fed rate hike is adding to Americans’…

By – Michallie Harrison
America September 17, 2026
AI Safety Debate Turns to Synthetic…

Key Takeaways OpenAI’s Hugging Face breach has intensified questions over…

By – Samuel Lopez
America September 17, 2026
America’s Golden Dome Pushes U.S. Missile…

Key Facts The Space Force is developing low-Earth-orbit interceptors intended…

By – Samuel Lopez
America September 17, 2026
State Farm and Allstate File Plans…

Key Takeaways State Farm is proposing a limited return centered…

By – Samuel Lopez
America September 15, 2026
Massachusetts AG Joins 21-State Coalition Suing…

Key Takeaways Massachusetts Attorney General Andrea Campbell has joined attorneys…

By – Samuel Lopez
America September 14, 2026
TMZ Ties Itself to the Hayden…

Key Takeaways TMZ is reporting that law enforcement sources believe…

By – Samuel Lopez
America September 13, 2026
Bayer’s $7.25 Billion Roundup Settlement Faces…

Key Takeaways Bayer’s Monsanto unit will ask a Missouri judge…

By – Samuel Lopez
America September 13, 2026
Tylenol Maker and Pharmacy Chains Ask…

By Samuel López | USA Herald Tylenol maker Kenvue and…

By – Samuel Lopez
America September 13, 2026
Lawyers Are Getting Burned by AI…

Key Takeaways Courts across the country have been sanctioning lawyers…

By – Samuel Lopez
America September 10, 2026
41% of Lawyers Say Legal Careers…

Key Takeaways More than 41% of surveyed lawyers say the…

By – Samuel Lopez
And More September 14, 2026
Sydney Sweeney and Scooter Braun Celebrate…

Sydney Sweeney celebrated her 29th birthday with a public declaration…

By – Jackie Allen
America September 13, 2026
Serena Williams’ Daughters Make History as…

Serena Williams has built one of the most decorated careers…

By – Jackie Allen
America September 13, 2026
KJ Biermann Faces Seven Felony Charges…

KJ Biermann, the 15-year-old son of “Real Housewives of Atlanta”…

By – Jackie Allen
America September 13, 2026
Team USA Reaches Women’s Basketball World…

BERLIN — Team USA advanced to the FIBA Women’s Basketball…

By – Jackie Allen
America September 11, 2026
Bears and RB Swift $33.75M Extension…

Sometimes the best deals get done before the clock even…

By – Tyler Brooks
America September 11, 2026
Skywatchers: Moonshadow Creates Dramatic Blood Moon…

A Moonshadow transformed the night sky Aug. 27 as the…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter