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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.

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.