Due Process in Artistic Dismissals and Peer Review: An Introduction

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Many symphony orchestra collective bargaining agreements (CBAs) include provisions that allow a musician, who has been terminated for artistic reasons, to appeal that decision to a committee of his or her colleagues. This avenue of appeal, known as peer review, is largely unique to our industry. In 1964, the National Symphony became the first American orchestra to adopt peer review as part of a contract settlement following a 35-day strike. One of the most contentious issues in bargaining was the music director's nonrenewal, reseating, or extended probation of a total of 15 players; the union believed these actions were in reprisal for union activity rather than the artistic …