Wang and Muckey were fired in September 2018 following allegations of misconduct dating to 2010. Local 802 of the American Federation of Musicians filed a grievance and the two were ordered reinstated in April 2020 by arbitrator Richard I. Bloch. Both men deny any wrongdoing.
New York Magazine this past April detailed allegations and the two were placed on paid leave. They then sued the orchestra and the union.
Philharmonic executive adviser Deborah Borda said Monday that 11 women made accusations against Wang and three against Muckey during the latest investigation.
“It found that both gentlemen had been involved in sexual abuse and rape as well as abuse of power,” Borda said. “This is all new information that came out and I think the reason is that people were afraid to speak up before and they are not now.”
Borda said some of the allegations were made by students.
“Matt Mackey has done nothing wrong,” said Steven J. Hyman, a lawyer for Muckey. “The fact that they’ve attempted to do this is of course violative of his rights. What’s appalling is that the union has agreed to it, and the impact of that is that it renders meaningless this most precious right that orchestra members have of tenure, which ensures that you have a career at the philharmonic and can only be terminated for just cause.”
Alan S. Lewis, a lawyer for Wang, called the union's decision “shameful.”
“Troublingly, the philharmonic has gone down the road of public character assassination instead of due process, throwing a lot of mud against the wall to see what sticks,” he wrote in an email to The Associated Press. Lewis described the most serious allegation against Wang involving a person unaffiliated with the orchestra and "with whom, more than a decade ago, Liang had a long-term consensual relationship.”
He called the other allegations against Wang false.
The philharmonic this spring hired Tracey Levy of Levy Employment Law to investigate and issued a letter of non-re-engagement on Oct. 15 following Levy’s conclusions that the orchestra said were based on new accusations. Muckey said in his lawsuit the New York Magazine story contained "a reiteration of the same 2010 allegations."
Under the orchestra’s labor contract, the philharmonic must give notice of a non-reengagement by the Feb. 15 prior to the season in question. The two had the right to contest the decision, which the orchestra said must be “appropriate” under the collective bargaining agreement instead of a “just cause” standard.
A nine-member dismissal review committee of the orchestra convened to review the decision. Management said Levy told it a majority of orchestra members did not Wang or Muckey to return, and the committee made a unanimous recommendation to local 802’s executive board, Borda and the union said.
“Local 802’s decision is not to arbitrate the termination,” local 802 president Sara Cutler wrote in an email to the orchestra members on Monday.
Cutler said the local’s written decision will be sent to orchestra members on Tuesday.
“I have heard complaints from some of you as to the lack of transparency of this process,” Cutler wrote. “While I understand the frustration, we believe that protecting the integrity of the process and the confidentiality of all involved outweighed the need for transparency in this instance.”
Borda said three-quarters of the orchestra members had said they would refuse to appear on stage with the two.
Muckey was hired by the orchestra in June 2006 and was given tenure in January 2008. Wang was hired as principal oboe in September 2006.
“They are barred from the building,” Borda said. “They will never appear on the stage again with the philharmonic.”