San Antonio's Classical Music Institute removed from musicians union unfair list by judge's order

Classical Music Institute has been removed from the American Federation of Musicians’ International Unfair List following a judge’s order. U.S. District Judge Fred Biery granted the Classical Music Institute a temporary restraining order against the union’s San Antonio chapter, Local 23, on Wednesday. In his ruling, Biery said the union was engaging in unfair labor practices that could cause CMI "substantial and irreparable harm." An email obtained by the Express-News that alerted union members to the ruling said Biery had not heard the union's position.

At the center of the dispute is Opera San Antonio's staging of "Pagliacci," which will be presented today and Saturday at the Tobin Center for the Performing Arts. CMI, a classical music educational and performance organization, had contracted musicians to play in an orchestra for the production. Local 23 asserted that the musicians' contracts do not meet local standards for pay and benefits, which is why the national union placed CMI on its unfair list. Union members are advised against performing for any employer on that list. In an email sent out to the musicians Sunday, union members were advised that they could face steep fines from their local unions if they took part in the opera and also would have to cross picket lines to reach rehearsals and performances. In a complaint filed in federal court, Classical Music Institute said six musicians pulled out of "Pagliacci" rather than taking that risk. CMI paid for the rehearsals the musicians had completed and reimbursed their travel expenses. Some other musicians still under contract had expressed concerns about possible fines for performing and skipped three rehearsals, according to the complaint. Union members picketed Tuesday's rehearsal.