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.”
