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    2 Players Sue Philharmonic, Saying They Were Wrongfully Suspended

    Matthew Muckey and Liang Wang said they were sidelined without cause by the New York Philharmonic after a recent magazine article detailed allegations of misconduct against them.Two New York Philharmonic players sued the orchestra on Wednesday, saying they had been wrongfully suspended after a recent magazine article revived allegations of misconduct against them.The players, Matthew Muckey and Liang Wang, filed separate lawsuits in Federal District Court in Manhattan. The men claimed that the Philharmonic had removed them without cause and in violation of an arbitrator’s ruling, which had ordered the orchestra to reinstate them in 2020 after an earlier attempt to fire them. The players also sued their union, Local 802 of the American Federation of Musicians, accusing the organization of failing to provide them fair representation.The Philharmonic, which recently said it would commission an outside investigation into the orchestra’s culture in response to the uproar over the article, said that it could not comment on active litigation. Local 802 declined to comment.The lawsuits came after a report last month in New York magazine detailed accusations of misconduct made in 2010 against Mr. Muckey, the associate principal trumpet, and Mr. Wang, the principal oboist. After the story’s publication the Philharmonic moved quickly to remove Mr. Muckey and Mr. Wang from rehearsals and performances and suspend the players with pay for an indefinite period.In the article Cara Kizer, a former Philharmonic horn player, came forward for the first time to publicly discuss an encounter that she said occurred while she was on tour with the Philharmonic in Vail, Colo., in 2010. She told the Vail Police Department at the time that she had been sexually assaulted after spending the evening with the two players and was given a drink she came to believe was drugged, according to police records. No charges were filed against the men, and both have denied wrongdoing. In 2018 the Philharmonic, under new leadership, commissioned an investigation and moved to dismiss Mr. Muckey and Mr. Wang. But the players’ union challenged their dismissals, and an independent arbitrator forced the orchestra to reinstate them in 2020.Mr. Muckey’s lawsuit accused the Philharmonic of backtracking on that agreement. The suit said that the orchestra had “violated an indisputably final and binding award which has determined that Mr. Muckey could not be removed based upon such allegations and specifically ordered his reinstatement with back pay and seniority.”Mr. Wang accused the Philharmonic of suspending him “without cause or explanation, and in clear violation of the terms of his employment, which expressly require that he be given opportunities to perform and excel as a musician.” His suit claims that a lawyer for the Philharmonic said in 2019 that the ensemble had not accused Mr. Wang of misconduct related to the incident in Colorado.Both men claimed that Local 802, which fought for their reinstatement in 2018, had failed to respond to their requests for assistance in contesting their new suspensions. The union has struck a different tone on the case since the publication of the article. Sara Cutler, Local 802’s new president and executive director, said last month that the decision to keep Mr. Wang and Mr. Muckey offstage “are good first steps, but they can’t be the last.” She also said that she was “horrified” by the accusations, “as a woman, a musician and a new union president.”Mr. Wang’s suit accused Ms. Cutler of making “duplicitous and injurious statements.” Mr. Muckey’s suit said that Local 802 had “failed and refused to perform its duty of fair representation.” Mr. Muckey and Mr. Wang, who are seeking an unspecified amount in damages, said that the Philharmonic’s decision to suspend them had harmed their careers. Mr. Muckey lost engagements with the Chamber Music Society of Lincoln Center and other ensembles. Mr. Wang was placed on leave from the Manhattan School of Music, where he teaches, and he lost work with the Taipei Music Academy and Festival and other groups. More

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    Philharmonic Opens Inquiry After Misconduct Allegations Are Revived

    The New York Philharmonic commissioned an outside investigation into its culture after a magazine article explored how it handled an accusation of sexual assault in 2010.The New York Philharmonic, which has been facing an uproar since a recent magazine article detailed allegations of misconduct against two players it tried and failed to fire in 2018, said on Thursday that it was commissioning an outside investigation into its culture.Gary Ginstling, the Philharmonic’s president and chief executive, said in a letter to musicians, staff members and board members that the organization had hired an outside lawyer, Katya Jestin, a managing partner of the law firm Jenner & Block, to “launch an independent investigation into the culture of the New York Philharmonic in recent years.”“I am empowering Katya to look at everything and to leave no stone unturned, including any new allegations as they are reported,” Mr. Ginstling wrote. The decision came after a report last week in New York magazine detailed accusations of misconduct made in 2010 against the players, the associate principal trumpet, Matthew Muckey, and the principal oboist, Liang Wang.In the article Cara Kizer, a former Philharmonic horn player, came forward for the first time to publicly discuss an encounter that she said occurred while she was on tour with the Philharmonic in Vail, Colo., in 2010. She told the Vail Police Department at the time that she had been sexually assaulted after spending the evening with the two players and was given a drink she came to believe was drugged, according to police records.No charges were filed against the men and both have denied wrongdoing.In 2018 the Philharmonic, under new leadership, commissioned an investigation and moved to dismiss Mr. Muckey and Mr. Wang. But the players’ union, Local 802 of the American Federation of Musicians, challenged their dismissals, and an independent arbitrator forced the orchestra to reinstate them in 2020.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Philharmonic Sidelines 2 Players It Tried to Fire for Misconduct

    The New York Philharmonic said the musicians would not perform for now, after a magazine article brought new attention to allegations of misconduct. They have denied wrongdoing.The New York Philharmonic said on Monday that two players it had tried to fire in 2018 — but was forced to rehire after the musicians’ union challenged their dismissal — would not take part in rehearsals or performances for the time being after a magazine article detailed the allegations of misconduct that had been made against them.The Philharmonic said that the players — the principal oboist, Liang Wang, and the associate principal trumpet, Matthew Muckey — would not appear as the orchestra deals with the fallout from a New York magazine article published on Friday.In the article Cara Kizer, a former Philharmonic horn player, came forward for the first time to publicly discuss an encounter that occurred when she was on tour with the Philharmonic in Vail, Colo., in 2010. She told the Vail Police Department then that she had been sexually assaulted after spending the evening with the two players and was given a drink she came to believe was drugged, according to police records.No charges were filed against the men and both have denied wrongdoing; their lawyers said they expect to return to the ensemble soon.In 2018 the Philharmonic moved to dismiss Mr. Wang and Mr. Muckey, who both joined the orchestra in 2006. It said at the time that it had received reports that the two players had “engaged in misconduct,” which it declined to describe, and that it had decided to fire them after commissioning an investigation. But the players’ union, Local 802 of the American Federation of Musicians, challenged their dismissals.The orchestra was forced to reinstate them in 2020 after an independent arbitrator found that they had been terminated without just cause.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    David Byrne’s ‘Here Lies Love’ Reaches Deal With Broadway Musicians

    After the musicians’ union raised objections to the show’s plans to use recorded music instead of a live band, the show agreed to use 12 musicians.“Here Lies Love,” the new David Byrne musical scheduled to start previews on Broadway next week, has bowed to objections by a labor union and agreed that 12 musicians will be part of the production.The producers of the musical, which is a dance-club-like show about Imelda Marcos, and the union, Local 802 of the American Federation of Musicians, announced the agreement late Friday afternoon.“On behalf of our entire cast, company and creative team, we have reached an agreement with Musicians Union Local 802, per the collective bargaining agreement,” the producers of the musical said in a statement. “We look forward to welcoming audiences to experience the revolutionary musical experience that is ‘Here Lies Love’ at the Broadway Theater beginning on Saturday, June 17.”The union issued a similarly terse, but slightly more detailed, statement, saying, “After negotiation, we have reached an agreement that will bring live music to ‘Here Lies Love’ with the inclusion of 12 musicians to the show. Broadway is a very special place with the best musicians and performances in the world, and we are glad this agreement honors that tradition.”Eric Koch, a communications consultant for the union, said three of the company’s actors would be counted among the 12 musicians.Asked about that, the producers responded: “‘Here Lies Love’ has always had three actor-musicians and a musical director in every production. The show’s integrity and the musical concept remains the same.”“Here Lies Love” is being led by a group of producers, including Patrick Catullo, Hal Luftig, Kevin Connor, Jose Antonio Vargas, Diana DiMenna and Clint Ramos. The show is one of the larger productions opening on Broadway this summer, with a big budget — it is being capitalized for up to $22 million, according to a filing with the Securities and Exchange Commission — and plans to redo the Broadway Theater so that the production can be staged in an immersive fashion, with much of the audience on a dance floor surrounded by the action.“Here Lies Love,” about Marcos, the former first lady of the Philippines, was written by Byrne and Fatboy Slim. It has been around for more than 15 years, and has been praised by critics and popular with audiences. It was presented as a song cycle at Carnegie Hall in 2007, and there were productions in 2012 at Mass MoCA, an art museum in the Berkshires; in 2013 at the Public Theater in New York; in 2014 at London’s National Theater and back at the Public for a second engagement; and in 2017 at the Seattle Repertory Theater.The production has in the past used recorded music, which the show said was meant to create a karaoke-like atmosphere, but as the Broadway opening neared, the labor union objected, saying its contract with the Broadway League requires the use of live musicians. The union had threatened to protest this weekend’s Tony Awards and the show’s upcoming previews; on Friday, the two sides settled the dispute. More

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    Broadway Musicians Object to David Byrne’s ‘Here Lies Love’

    The show plans to use recorded music instead of a live band, but a labor union says its contract for the theater requires musicians for musicals.A labor union representing musicians is challenging David Byrne’s next Broadway show, “Here Lies Love,” saying it opposes plans to stage the production with recorded instrumental tracks instead of a live band.The musical — an immersive, dance-driven spectacle about Imelda Marcos, the former first lady of the Philippines — is scheduled to start previews June 17 and to open July 20 at the Broadway Theater. Byrne co-wrote the music with Fatboy Slim.The musical has previously been staged Off Broadway, in London and in Seattle, each time with a singing cast accompanied by recorded music. There are a few moments in which actors have instruments as part of the action being depicted, but there are no full-time instrumentalists.“Since ‘Here Lies Love’ was first conceived 17 years ago, every production has been performed to prerecorded track; this is part of the karaoke genre inherent to the musical and the production concept,” the production’s spokesman, Adrian Bryan-Brown, said in a statement on Tuesday. “The music for ‘Here Lies Love’ was inspired by the phenomena of ‘track acts,’ which allowed club audiences to keep dancing, much like this production aims to do.”But Local 802 of the American Federation of Musicians says its contract with the Broadway League requires the use of 19 musicians for musicals at the Broadway Theater. (The number of musicians required under the contract varies based on theater size.)The union says it is seeking to preserve jobs for musicians and quality for theater lovers.“We’re not going to stand by and let this happen,” said Tino Gagliardi, the local’s president and executive director. “It’s not fair to the public.”Since February, the producing team of “Here Lies Love,” led by Hal Luftig, has been seeking to have the show declared a “special situation,” which is a category in the labor agreement that allows for the employment of fewer musicians. The request is to be assessed by a panel that includes neutral observers as well as representatives of the Broadway League and the musicians’ union; it is not clear how long that process will take, and the ruling can be appealed to arbitration.The League did not immediately respond to a request for comment on Tuesday, but Bryan-Brown said, “This process is ongoing and may ultimately culminate in a final and binding arbitration decision, but until that time, we will continue to work in good faith with the union to move through the steps of the contractual process.”There have been multiple Broadway shows staged with reduced orchestra sizes over the years, but it is rare to have a musical without an orchestra at all. The best-known example was “Contact,” a dance show produced by the nonprofit Lincoln Center Theater that won the 2000 Tony Award for best musical. In 2011, the union objected to a reduced-size orchestra, along with recorded music, for the Broadway production of “Priscilla Queen of the Desert.” More recently, “The Little Prince” was staged at the Broadway Theater with music sung to recorded tracks; that show was not Tony-eligible and had a short run, so the union did not object.The musicians say they are disappointed that the request is coming from a show associated with Byrne, whom they revere. Byrne’s last Broadway production, “American Utopia,” showcased musicians, with the band onstage playing instruments and dancing with the star.“I was really excited that David Byrne was bringing something else to Broadway,” said Ray Cetta, a bass player and union member who has occasionally played in the band for “Chicago.” “The current situation is very surprising and disheartening. Any musician would want to work with David Byrne and bring his music to life.” More

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    ‘Phantom’ Ends. For Musicians, So Does the Gig of a Lifetime.

    Last fall, as show No. 13,781 of “The Phantom of the Opera” came to a close, the applause overpowered the thundering music. The members of the orchestra, packed into the pit under the stage, could not see the crowd, but they could hear and feel them.The standing ovation brought Kristen Blodgette, the show’s associate conductor, to tears. She held her red-nailed hands in prayer, in gratitude to the musicians.Andrew Lloyd Webber’s smash hit — the longest-running musical in Broadway history — is scheduled to give its final performance at the Majestic Theater next month. These days, since the announcement of the closing last September, the musical “feels more like a rock concert,” said Kurt Coble, a violinist with the show.Mr. Coble is part of Broadway’s largest pit orchestra, which will disappear along with the show. It holds 27 full-time musicians, 11 of whom have been with “Phantom” since it opened in the late 1980s. The consistent work has allowed many of the longtime musicians, who have essentially grown up and older with the show, to build comfortable, even lucrative lives. And that is no small feat for any artist seeking stability in New York City.Crowds waiting to go into “The Phantom of the Opera” in 1988. The show has been on Broadway for 35 years.Jack Manning/The New York Times“Phantom” will end its run at the Majestic Theater in April, and its 27-member pit orchestra — the largest on Broadway — will vanish along with the show.Unlike the actors who have short-term contracts with “Phantom,” full-time musicians get a “run-of-show” agreement, which guarantees their jobs until the production closes. In 1988, when “Phantom” first opened, “there were some wide-eyed optimists who thought the show could run as long as five to six years,” recalled Lowell Hershey, a trumpeter who has been with the production since the beginning. “And I remember thinking, ‘Wow, that would be really good.’”“Phantom,” of course, surpassed that prediction. During its 35-year-run, the musical has created more jobs and generated more income than any other show in Broadway history, according to Michael Borowksi, its press representative.The security of the “Phantom” paycheck has helped many of its musicians start families, send children to college, buy property, save for retirement. “Broadway was never meant to be a steady job, but for us, it was a steady job,” said concertmaster Joyce Hammann, who has been with “Phantom” since 1990. “I can’t overstress how unbelievably lucky we have all been for all these years.”“Broadway was never meant to be a steady job, but for us, it was a steady job.” Joyce Hammann, concertmaster“Phantom” maintains a traditional pit setup, a sunken open cave wedged between the audience and the stage. Although live music remains one of the essential elements of a Broadway musical, many producers have sacrificed pits to build bigger stages or increase seating. These days, it’s common to see musicians onstage with performers, or to not see them at all, as many of them work in distant rooms that pipe their music into the theaters.“Even if we want our musicians to be in the pit, the decision lies in how each production believes it will succeed,” said Tino Gagliardi, the president of Local 802 of the American Federation of Musicians. “Unfortunately, they are not always right — the shows that have had the longest runs have been the shows with large orchestras in the pit.”Many producers have given up on orchestra pits, but “Phantom” keeps a traditional setup.Mr. Coble knows how special the pit experience can be. “Sometimes I feel like I am a blacksmith in the early 20th century, people still had horses but not as many,” he said. “But you can never get rid of musicians. You’ll always need live music.”Pit musicians might not be able to see the show as it unfolds, but they have their tradecraft down pat. “Phantom” runs like a clock. The chandelier always swings over the pit, marking the beginning of the show, and then comes crashing down at the climax of Act 1. The patter of footsteps overhead marks the New Year’s Party in Act 2, which tells the musicians to make way for an actor who snakes his way through the pit and sits below the conductor, waiting to fire a shot into the auditorium. Then, when the shot sounds, they cover their ears and wait for the smell of powder, which signals that it is time for them to pick up their instruments again.“I don’t get terribly sentimental over it because it’s a job after all, it’s work, it’s not easy, it’s not a vacation.”Kurt Coble, violinistRegardless of whether they have a chair on Broadway (a full-time contract) or not, musicians are paid per show and are supported by Local 802, a strong union that provides them with health care and a pension, among other benefits. (When Broadway shows went dark during the pandemic, “Phantom” producers continued to pay the health insurance for their chair musicians.)Ed Matthew, a clarinetist, said that when he started playing on Broadway in 1994, he made about $140 a night. As of this month, the base wage for a musician at “Phantom” is about $291 per show.“We have to get along with each other because we are tucked in like sardines in a can.”Ed Matthew, clarinetistBefore getting hired by “Phantom,” many of its musicians juggled jobs. Peter Reit, a French horn player, made fur coats in the garment district, tended bar and sold vacuum cleaners before joining the orchestra in 1987, when rehearsals for the musical started.“I used to do my budget week to week with all my freelance work, and the first thing I noticed when I had this job was that I could now budget month to month, and that was an incredible stress relief,” said Mr. Reit, 63, who retired in 2021. He now teaches music at SUNY Purchase and Vassar College.The orchestra sits close together in the claustrophobic pit.The regular pay and benefits allowed members of the pit to concentrate on other aspects of their lives, like raising children. “Most of the support for my family was based upon what I could earn, and that took a lot of pressure off as a provider,” said Mr. Hershey, the trumpeter.Ms. Hammann, the concertmaster, has an 18-year-old son who grew up in the theater. When he was a baby, he sat with the stagehands while she played the show. “To have had the flexibility when I needed to be home with him, that’s not something one is able to do in many work environments, so it’s been tremendous,” she said.“What more can we ask for than to have had this show for 35 years?”Kristen Blodgette, associate conductorIn the late ’80s, when Ms. Blodgette, the associate conductor, was eight months pregnant with “the first ‘Phantom’ baby,” as she calls her daughter, the show’s conductors, who were all men, wore tuxedos, she said. She opted for a dress. Thirty-four years later and now a grandmother, Ms. Blodgette wears a thick velvet black gown with black socks (and no shoes) because she likes “to feel grounded” while conducting.Broadway chairs may play up to eight shows a week and are required to attend at least 50 percent of the shows per quarter, according to union rules. This allows some musicians to work side gigs for extra money and to pursue passion projects. When Mr. Matthew, the clarinetist, joined the company in the early aughts, he was able to hold onto his job at G. Schirmer, a classical music publishing company. The combined paychecks allowed him and his wife to buy a co-op apartment in Long Island City, Queens, and to save for retirement, he said.“There were some wide-eyed optimists who thought the show could run as long as five to six years. And I remember thinking, ‘Wow, that would be really good.’”Lowell Hershey, trumpeterMr. Coble, the violinist, joined the pit 25 years ago. Though grateful for the stability, he still yearns for more creative outlets. “I think of myself more like an artisan than an artist because I have very little freedom when it comes to playing music by someone else,” he said.But the flexibility of his work schedule has allowed him to write scores for horror films and to play, as his mother likes to call it, “unpopular music.” When he is not working at the Majestic, he spends his time with the PAM Band (Partially Artificial Musicians), a robotic orchestra that he built to play whatever songs he wants. Now that “Phantom” is coming to an end, he said, “I’ll spend a lot more time on my own project, but it’s certainly not as well-paying as the show.”“You don’t want to take up too much space and you also want to fit in,” said Mr. Matthew, a clarinetist, about the orchestra pit.There are five substitute musicians on call for each Broadway chair. Although substitutes receive the same union benefits as full-time chairs, they lack the consistency of an eight-show week. “Being a sub is hard because you are constantly waiting for the next call, you have no control in your life,” said Nick Jemo, a trumpeter who started subbing at “Phantom” in 2009 before joining the pit full-time five years later. Some subs have been filling in at “Phantom” for more than 10 years, and they keep coming back.“You want to bring your entire being into that show — it’s got everything you’d ever want to express in an instrument,” said Brad Bosenbeck, who started subbing for one of the two viola chairs at “Phantom” when he was 26. Mr. Bosenbeck, now 31 and still a substitute, said he doesn’t take the job for granted. “I feel like the luckiest guy in the world that I get to do what I love and get paid for it.”“Being a sub is hard because you are constantly waiting for the next call, you have no control in your life.”Nick Jemo, trumpeterWith the show’s closing, many of its musicians are thinking about their next chapters. Some believe that “Phantom” might return to Broadway in a few years with a reduced orchestra, like the production in London. A few veteran musicians, including Mr. Hershey, will retire. Ms. Hammann looks forward to teaching, which she started doing when the pandemic kept her away from the pit. Ms. Blodgette will conduct at “Bad Cinderella,” Mr. Lloyd Webber’s new musical. Most say they will try to sub at other shows.“The show closing feels liberating,” said Mr. Coble, who admitted to fantasizing about being a strolling violinist in a fancy restaurant, dressed up as the phantom and playing variations of the score. “I’ll play my last performance like I’ve tried to play every other show, and when it’s over I’ll just move on to something else. I don’t get terribly sentimental over it because it’s a job after all, it’s work, it’s not easy, it’s not a vacation.”“You want to bring your entire being into that show — it’s got everything you’d ever want to express in an instrument.”Brad Bosenbeck, violistThe musicians won’t miss some aspects of the show, like the claustrophobic pit, where they sit so close to each other that if one of them opens a candy bar the rest can smell it. “We have to get along with each other because we are tucked in like sardines in a can,” Mr. Matthew said. “You don’t want to take up too much space and you also want to fit in.” The radio program “This American Life” produced a segment a few years ago about some of these frustrations.Despite the intimate, tense energy of the “Phantom” pit — “it is its own magical elixir,” Mr. Bosenbeck said — most musicians said they didn’t have many opportunities to connect with each other outside the theater. “One of the things that makes this ending bittersweet is that everyone has been in my life for so long and I’ve been in theirs for so long, and yet we didn’t get an opportunity outside of waiting in the bathroom line or arriving early to really speak to everybody,” Ms. Hammann said.The musicians have few opportunities to connect outside the theater, but they have fixed routines while they are working.During these final weeks, as audience members watch the tortured love story onstage, the pit musicians will continue their routine underneath it. A ghostly image of Ms. Blodgette will appear on four small screens scattered throughout the orchestra so musicians can follow her lead. Mr. Jemo, after a temporary stint with “Bad Cinderella,” will return, repositioning his chair to catch a glimpse of his girlfriend, a dancer in the show. One music stand will continue to showcase a collection of miniature toys — a smiling crocodile, a head-shaking turtle, a deer’s face and a tiny plastic hand holding fresh radishes.“I may be the only musician in the world who has radishes in their music stand,” said Karl Bennion, a cellist who accidentally took the vegetable to a show in 2017 and since then has made it a tradition.“I may be the only musician in the world who has radishes in their music stand.”Karl Bennion, cellistThe music stand of cellist Karl Bennion, who has done it up with tchotchkes.In between songs, some musicians will play Sudoku and crossword puzzles; others will read. “A good book can really make going to work even more joyful,” Mr. Jemo said. He and Mr. Hershey, his trumpet partner, had a big French dictionary that sat between them, and often they reached for it at the same time.At the end of every show, musicians will continue to interact with audience members, some of whom like to peek into the pit to thank them as they pack their instruments.“What more can we ask for than to have had this show for 35 years?” Ms. Blodgette asked. “When I started doing this, I was single, I did not have a child, my parents were alive,” she said. “Through all of the chaos of life, this was here.”The security of the “Phantom” paycheck has helped many of the show’s musicians start families, send children to college, buy property, save for retirement. More

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    ‘Paradise Square’ Faces New Complaints Over Payments

    The shuttered show is facing legal action from the actors, stage managers and designers who worked on the production.A union representing the director and choreographers who worked on the recently closed Broadway musical “Paradise Square” is asking a federal court to enforce an arbitration award that was agreed upon in May, according to a lawsuit filed late last month.The Stage Directors and Choreographers Society asked the Federal District Court in Manhattan to confirm and compel payment of nearly $150,000 that is owed to the union; the show’s director, Moisés Kaufman; the choreographer Bill T. Jones; and a few others who worked on the production.The suit, filed on July 22, said the production company still had not “satisfied its obligations under the award.”The lawsuit names as defendants the limited partnership that produced “Paradise Square,” a musical set amid the racial strife of Civil War-era New York City, as well as Bernard Abrams, a producer who is a member of the Broadway League.The show, however, has been most closely associated with the producer Garth H. Drabinsky, who had a successful run as a theatrical impresario in the 1990s until he was charged with misconduct and fraud in the United States and in his native Canada, where he eventually served prison time.Drabinsky had hoped that “Paradise Square,” which ran at the Ethel Barrymore Theater from mid-March until July 17, would be his comeback. The show originated a decade ago as a musical called “Hard Times,” written by Larry Kirwan of the band Black 47 and leaning on the music of Stephen Foster, who wrote “Oh! Susanna” among other American standards. Delayed two years because of the coronavirus pandemic, it made its way to Broadway after out-of-town productions in Berkeley, Calif., and Chicago. The show received 10 Tony nominations but took home only one award, for the actress Joaquina Kalukango, whose performance was a signature of this year’s Tony Awards ceremony. The show struggled at the box office throughout its run, and it did not recover the $15 million for which it was capitalized.Richard Roth, a lawyer for the “Paradise Square” partnership, said on Monday, “My understanding is that everyone is going to be fully paid.”Abrams did not respond to requests for comment Monday.Through Roth — who pointed out that Drabinsky is not a member of the limited partnership — Drabinsky released a lengthy statement arguing that Covid had proved an insurmountable roadblock to the show’s sales and finances. He added that bonds worth nearly $450,000 that were put up by the producers should cover most of what the actors were owed.“Equity holds this bond security,” Drabinsky said, and “the lawsuits that have been filed by unions are simply to evidence the collection of amounts for which the partnership has previously consented. In this regard, I have never been a signing officer of the production, nor do I have any authority with respect to the signing of any bank instruments. Any delay in benefit payments was simply a function of available cash flow.”The Hollywood Reporter first reported the existence of the legal filing Monday.The unions representing actors and designers who appeared in or worked on the musical have also received arbitration awards for hundreds of thousands of dollars. In July, the United Scenic Artists’ local also went to federal court to seek confirmation and enforcement of its award. In the spring, the Actors’ Equity fund trustees went to court to enforce an arbitration award.The unions have also placed Drabinsky on their “do not work” lists. The directors and choreographers union automatically placed the producers on a similar list until the outstanding arbitration award is paid, according to a union official.The president of the local union of the American Federation of Musicians, Tino Gagliardi, said through a spokesman that “Local 802 and the musicians’ benefit funds are taking every legal action needed to recover wages and benefits that are due to the musicians.”Al Vincent Jr., the executive director of Equity, added in an email statement that the dispute was not over, saying, “Our process of getting our members appropriately paid for ‘Paradise Square’ continues with a number of outstanding grievances moving into arbitration.”Local 829, the scenic artists’ union, put Drabinsky on its “boycott list” because of “continued inaction and lack of communication regarding the significant payments and benefits,” said Carl Mulert, the local’s national business agent. “It is unfortunate that the legacy of this Broadway production, which includes the indelible contributions of our colleagues and kin on and off the stage, has been marred by a story of exploitation of and injustice for the many artists that have brought ‘Paradise Square’ to life.” More

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    Met Opera to Mandate Booster Shots for Staff and Audiences

    It is the first major performing arts institution to require boosters, as concern mounts over rising coronavirus cases and the spread of the Omicron variant. The rule will take effect Jan. 17.The Metropolitan Opera announced Wednesday that it would require all eligible adult employees and audience members to get Covid booster shots in order to enter the opera house, making its safety measures stricter than those on Broadway or at other venues.The Met is the first major performing arts organization in the city to announce a booster-shot mandate that will apply to audiences as well as staff members; the new rule will take effect Jan. 17. The policy was announced as concern about rising caseloads and the spread of the Omicron variant is mounting: The average daily number of coronavirus cases in the city has more than doubled over the past two weeks.“We think we should be setting an example,” Peter Gelb, the general manager of the Met, said in an interview. “Hopefully we will have an influence on other performing arts companies as well. I think it’s just a matter of time — everyone is going to be doing this.”It is not the first time that performing arts organizations, eager to reassure audiences that they could safely visit theaters, have imposed virus prevention measures that went beyond government mandates. When Broadway theaters announced over the summer that they would require audiences to be vaccinated and masked, it was several days before Mayor Bill de Blasio announced that New York City would impose a vaccine mandate for a variety of indoor spaces, including performing arts venues.Since the Met reopened after losing more than a full season to the pandemic, it has required that staff members and patrons be fully vaccinated to enter the opera house. But Gelb said that it had become “obvious” to him that even stronger safeguards were now necessary.“It’s of paramount importance that the audience members and employees feel safe when they enter the building,” he said. “To me, there is no question — this is the right move.”Since November, the Centers for Disease Control and Prevention has recommended booster shots — either six months after people receive a second Pfizer or Moderna shot, or two months after a single dose of the Johnson & Johnson vaccine.When the Met’s new rules take effect Jan. 17, people eligible for booster shots will be required to have them to enter the opera house. (There will be a short grace period: People will be allowed in unboosted if the performance falls within two weeks of the date they become eligible for boosters. People who are not yet eligible for their booster shots will still be allowed in.) Inside the opera house, people will be required to wear face masks, except when they are eating or drinking in the limited areas where that is allowed.Met officials said that they reviewed their new policy with leaders of the various unions that represent its workers in advance of Wednesday’s announcement and described the union response to the rules as “very positive.”Len Egert, the national executive director of the American Guild of Musical Artists, said that union officials had determined that at the Met, “boosters are warranted,” and had subsequently bargained to make sure its members’ rights were protected.Adam Krauthamer, the president of Local 802 of the American Federation of Musicians, said his union “applauds the Met’s plan to make vaccine boosters mandatory” and called the move “a necessary step forward to ensure the public’s safety and keep N.Y.C. as a beacon of live performance.”The company has adopted strict safety measures since reopening; in October, choristers wore masks backstage during a performance of “Die Meistersinger von Nürnberg.” Todd Heisler/The New York TimesIt was not immediately clear whether other arts institutions would follow the Met. Gelb said he had informed the leaders of Carnegie Hall, the New York Philharmonic and Lincoln Center that the Met would soon be adding a booster-shot mandate.Synneve​ Carlino, a spokeswoman for Carnegie Hall, said late Wednesday afternoon that officials there were “currently looking at boosters, but have not yet put new requirements into place.” The New York Philharmonic and Lincoln Center did not immediately say whether they would change their Covid policies. The Coronavirus Pandemic: Key Things to KnowCard 1 of 4U.S. surpasses 800,000 deaths. More