The National Labor Relations Board has dismissed an unfair labor practice charge brought by Realtime Music Solutions against a union of the American Federation of Musicians.

NEW YORK--The National Labor Relations Board has dismissed an unfair labor practice charge brought by Realtime Music Solutions against a union of the American Federation of Musicians.

The complaint was filed March 4, citing Local 802's Feb. 6 agreement with the Opera Co. of Brooklyn, under which OCB would ban use of RMS' Sinfonia virtual orchestra from future productions. RMS said the agreement, which both bans the "virtual orchestra" and mandates the exclusive use of live musicians, was unlawful.

The NLRB ruled that "the Union has a legitimate concern that unit employees could be replaced once again by Sinfonia, either on the present show or on a subsequent show."

Local 802 president David Lennon, a critic of Sinfonia, said he was "pleased that the NLRB dismissed this frivolous and unwarranted charge and agreed with us that the machine does indeed pose a threat to live music."

"The only purpose of any virtual orchestra machine is to eliminate live music in order to reap profit. Audiences expect a living, breathing orchestra in live, quality productions," he continued.