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Musicians’ union accuses Philadelphia Orchestra management of unfair labor practices in contract negotiations

The musicians' union is voting on a revised offer from management, but union leaders have said the wages offered don't keep up with inflation.

Philadelphia Orchestra music and artistic director Yannick Nézet-Séguin wears a blue musicians' union T-shirt in solidarity with his orchestra members during an open rehearsal in Saratoga Springs, N.Y. in August. The musicians, represented by The Philadelphia Musicians' Union, Local 77 of the American Federation of Musicians, are in negotiations for a new contract with the Philadelphia Orchestra and Kimmel Center Inc.
Philadelphia Orchestra music and artistic director Yannick Nézet-Séguin wears a blue musicians' union T-shirt in solidarity with his orchestra members during an open rehearsal in Saratoga Springs, N.Y. in August. The musicians, represented by The Philadelphia Musicians' Union, Local 77 of the American Federation of Musicians, are in negotiations for a new contract with the Philadelphia Orchestra and Kimmel Center Inc.Read moreCourtesy of Melissa McCleery / Courtesy

The union representing members of the Philadelphia Orchestra has accused their employer of unfair practices, as members are in the midst of voting on a contract offer management presented this week.

Negotiations have gone on for months between the Philadelphia Orchestra Kimmel Center Inc. and Philadelphia Musicians’ Union Local 77. The union’s contract expired on Sept. 10. Still, the musicians played their opening night performance of the 2023-24 season on Thursday.

In the charge, filed with the National Labor Relations Board on Friday, the union alleged that orchestra management has communicated misleading and incorrect information about the negotiations to the union members.

“The union filed these charges because we believe that management’s actions have not only been disrespectful — they have also violated federal labor law,” said Local 77 president Ellen Trainer.

Orchestra management says it has been bargaining in good faith since May, spokesperson Ashley Berke said Friday. “These are meritless charges clearly designed to divert attention from the fact that the musicians of the Philadelphia Orchestra have a strong offer from us on the table.”

The musicians’ managers presented a revised final offer this week after a full day of bargaining on Tuesday into the very early hours of Wednesday. According to orchestra management, it includes a 13.5% increase to their base salary.

The union is voting on that revised offer, with results of the vote expected Saturday night. Union leaders have said the offer fails to provide wage increases that would keep pace with inflation.

Local 77′s unfair labor practice allegations include failure to provide relevant bargaining-related information, bad-faith bargaining, and misrepresentation of employer proposals and union positions.

“The management of the Philadelphia Orchestra has failed to respect the bargaining process for months, all while constantly disregarding the perspectives of the musicians that make the Philadelphia Orchestra possible,” Trainer said. “Even more, it has taken recent actions to communicate with musicians in a way that blatantly misrepresents what has been going on during negotiations.”

The filing alleges that management has not bargained in good faith for about six months and that the misleading communications have taken place in the past month.

The musicians voted to authorize a strike in August, which was approved by 95% of voting members. The vote doesn’t guarantee a strike but is a necessary step to calling a walkout.

The Philadelphia musicians are seeking wage increases that they say would raise their pay to within the average of the other orchestras of their caliber, along with improved retirement benefits, pay parity for their substitute musicians who now make less than full-time orchestra members, and the filling of 15 vacant positions in the orchestra, among other requests.

Local 77 went on strike in 2016, when the musicians walked out on opening night, and the work stoppage lasted a few days. A 1996 strike lasted 64 days, and another work stoppage in 1966 lasted 58 days.

Staff writer Rita Giordano contributed to this article.