Court of Appeals Decision Comes Too Late for Southwest Florida Symphony

March 31, 2026

On February 19, a three-judge panel of the 11th US Circuit Court of Appeals issued its decision enforcing an earlier decision of the National Labor Relations Board (NLRB), which held that the Southwest Florida Symphony violated federal law when it prematurely declared impasse and implemented the terms and conditions of its “last, best, final offer” in fall 2020. The NLRB decision was itself a reversal of a prior decision by an administrative law judge (AJL).

The 11th Circuit rejected the employer’s arguments, which were both procedural and substantive in nature. The court found that substantial evidence supported the NLRB’s conclusions and that the NLRB “made plausible inferences from the record and clearly explained its reasons for disagreeing with the AJL’s assessment of whether the parties were at impasse.”

Local 427-721 (Tampa Bay, FL) Secretary-Treasurer Richard Sparrow shares, “Unfortunately, this victory comes too late to make a difference for the musicians of the Southwest Florida Symphony. Amy Ginsburg, executive director, and Tom Uhler, board chair, decided that they weren’t up to the task of leading the Southwest Florida Symphony and convinced their board to cease operations in June 2025. Special thanks for the continued support of the AFM Symphonic Services Division [SSD] during this process, and specifically, SSD Negotiator Jane Owen and SSD Director and Special Counsel Rochelle Skolnick, who provided legal representation to the local and musicians throughout the litigation.”