Labor & Employment Law Letter

Every other month, this newsletter offers readers information on critical employment issues facing the newspaper industry. The series contains vital legal information, such as:

Newspaper specific arbitrations, NLRB and court decisions
Collective bargaining summaries
Employee Relations developments
Independent contractor updates
NLRB and EEOC policy changes

The fee to subscribe is $180.00 for NAA Members and $720.00 for nonmembers. To subscribe please contact the Labor & Employment Law Letter staff at LaborLawLetter@naa.org .

Current Issue: Vol. 14 - No. 1 - Jan/Feb 2008

Arbitrator Rules Increased Benefit Contribution Rates Must Be Rescinded
In an arbitration dated Jan. 21, 2008 between the Baltimore Sun and Local 32035 of the Washington Baltimore Newspaper Guild on the issue of benefits cost sharing, Arbitrator Richard Block ruled in favor of the union and ordered that the Sun rescind the increases it implemented.

First Published: February 1, 2008

ALJ Finds the News-Press Engaged in Unfair Labor Practices; Orders Reinstatement for 8 Journalists
In a lengthy ruling issued on Dec. 26, 2007, Administrative Law Judge William G. Kocol found that the Santa Barbara News-Press engaged in unfair labor practices by its actions in disicplining and discharging employees.

First Published: February 1, 2008

Chinese Daily News Engaged in Unlawful Anti-Union Conduct
Prohibiting acts including the wearing of union insignia, engaging in protected solicitation during non-work time and discussing terms and conditions of employment were unlawful acts by the Chinese Daily News, the National Labor Relations Board held Dec. 26, 2007.

First Published: February 1, 2008

NLRB Holds E-mail Policy Does Not Violate National Labor Relations Act
On Dec. 16, 2007, the National Labor Relations Board determined that the Register-Guard did not violate Section 8 of the National Labor Relations Act by enforcing an e-mail policy prohibiting employees from using the newspaper’s e-mail system for “non-job-related solicitations.” The Register- Guard’s policy, implemented in October 1996, specifically banned the use of the newspaper’s communications systems and equipment for proselytizing commercial ventures, religious or political causes, outside organizations or any other non-job-related solicitations.

First Published: February 1, 2008

Discharged Pressman Who Uttered Profane Statement About VP to Be Reinstated
On Dec. 28, 2007, the National Labor Relations Board disagreed with the finding of the administrative law judge and found that The Tampa Tribune’s discharge of a pressman for a single profane utterance was unlawful and the utterance not sufficiently abusive to cause loss of protection of the National Labor Relations Act.

First Published: February 1, 2008

NJ Court Concludes Independent Carrier Is an “Employee”
In a case on appeal from a final decision of the Board of Review of the New Jersey Department of Labor and Workforce Development, the Superior Court of New Jersey determined that Philadelphia Newspapers failed to prove that claimant, Jerry Brooks was an independent contractor under the New Jersey three prong standard (ABC test). The court affirmed the finding of the Appeal Tribunal, confirmed by the Board of Review, that Brooks was eligible for unemployment benefits.

First Published: February 1, 2008

Company’s Exertion of Control Classifies Cab Drivers as Employees
An exertion of “considerable control” over its drivers and a prohibition against outside entrepreneurial opportunities supports the position of a California cab company’s drivers as employers who have union rights, the U.S. Court of Appeals for the Ninth Circuit held Jan. 8.

First Published: February 1, 2008

Relationship Between Employer and Drivers Show They Are Employees, Not ICs
Despite an independent contractor agreement, drivers for a delivery service are actually employees because they are economically dependent on the company.

First Published: February 1, 2008

DOL Proposes Changes to the FMLA Regulations
In the Feb. 11th issue of the Federal Register, the Department of Labor published its long awaited proposal updating provisions of the Family and Medical Leave Act regulations.

First Published: February 1, 2008

DOL’s Wage and Hour Division Collects Record Amount in Back Wages for FY 2007
The Wage and Hour Division of the United States Department of Labor announced December 28th that, for FY 2007, it collected a record $220 million in back wages for 341,624 employees – the highest number of workers since 1993. While registered complaints declined from 26,256 in FY 2006 to 24,950 in FY 2007, back wages collected increased from $171,955,533 in FY 2006 to $220,613,703 in FY 2007.

First Published: February 1, 2008

FMLA Expansion for Families of U.S. Soldiers
On Jan. 28, 2008, President Bush signed HR 4986, the National Defense Authorization Act which includes a provision expanding the FMLA to families of wounded military personnel.

First Published: February 1, 2008

Michigan Creates Task Force on Employee Misclassification
On Feb. 1, 2008, Michigan Governor Jennifer Granholm signed an executive order creating an interagency task force on employee misclassification to ensure employers are not wrongly classifying individuals as independent contractors.

First Published: February 1, 2008

Union Membership is at 12.1 Percent
On Jan. 25, 2008, the U.S. Bureau of Labor Statistics issued its annual report on union membership. The percentage of wage and salary workers who belong to labor unions in 2007 increased slightly to 12.1 percent from 12.0 percent in 2006.

First Published: February 1, 2008

Writers Guild of America Ends Strike
The Alliance of Motion Picture and Television Producers and the Writers Guild of America reached a tentative agreement on Sunday, February 10, 2008 to end the three month long strike.

First Published: February 1, 2008

Previous Issue: Vol. 13 - No. 6 - Nov/Dec 2007

Arbitrator Recognizes Union Bargaining Waiver and Affirms Employer’s Right to Amend or Terminate Benefit Plans
On Oct. 7, 2007, Arbitrator Martin F. Sheinman denied a grievance brought by GCIU Local 8N which protested corporate benefit changes made by Dow Jones to its retiree medical care plan and money purchase retirement plan (MPP). Scheinman rejected the union’s argument that it never agreed to a bargaining waiver on the issue, finding clear and controlling language on the matter in the agreement.

First Published: November 1, 2007

NLRB case production in FY 2007
On Oct. 17, 2007, the National Labor Relations Board issued data on its case production during fiscal year 2007. By Sept. 30th, the end of the fiscal year, the Board had issued a total of 391 decisions. Of those 391 decisions, 287 were unfair labor practice cases and 104 were representation proceedings. The Board also announced that it had reduced its inventory of pending cases during FY 2007 – from 305 to 207.

First Published: November 1, 2007

NLRB General Counsel Meisburg issues memo regarding mandatory submissions to advice
On Sept. 25, 2007, National Labor Relations Board General Counsel Ronald Meisburg issued a memo to all regional directors and officers regarding issues that are required to be sent to the Division of Advice. The issues, as described by Meisburg, are those which “present novel, complex, or unsettled legal questions that implicate litigation policy issues arising under Section 3(d).” He declared his goal to be a “responsible and vigorous prosecutor” and stated, “How we carry out this responsibility significantly impacts the development and direction of the law and, in turn, affects how management and labor interact on a day-to-day basis.”

First Published: November 1, 2007

U.S. Supreme Court tackles several cases on employment law
Several cases that could affect employment law are on the U.S. Supreme Court’s docket this term.

First Published: November 1, 2007

Alliance of Motion Picture and Television Producers, Writers Guild of America
Members of the Writers Guild of America went on strike on November 5, 2007 after expiration of their three year contract. The Writers Guild of America consists of the Writers Guild of America, East (WGAE) and the Writers Guild of America, West (WGAW). The union represents movie, radio and television writers. The major issues over which the parties are in disagreement are: DVD sales and jurisdiction and compensation of new media efforts.

First Published: November 1, 2007

Personal e-mail policy rejected without union bargaining
A newspaper publisher’s attempts to regulate personal e-mail without first agreeing with the union representing its employees violated the National Labor Relations Act, the National Labor Relations Board held Sept. 10.

First Published: November 1, 2007

NLRB affirms ALJ decision on direct deposit of dues as mandatory subject of bargaining
On Sept. 28, 2007, the National Labor Relations Board affirmed Administrative Law Judge William N. Cates’ finding that Tribune Publishing Co. violated Section 8(a)(5) and (1) of the Act when it unilaterally terminated the use of its directdeposit system for the deduction of union dues.

First Published: November 1, 2007

NLRB General Counsel must show applicant’s ‘genuine interest’ in job for unfair labor charges
Changing course from a previous requirement that an unfair labor defendant must prove an applicant it did not hire was not actually interested in the job, the National Labor Relations Board will now require the General Counsel to first show an applicant had a “genuine interest” in employment when bringing an unfair labor case.

First Published: November 1, 2007

Ampersand Publishing, LLC d/b/a Santa Barbara News-Press, GCC/IBT
On August 16, workers voted 33 to six in favor of certifying the Graphic Communications Conference of the International Brotherhood of Teamsters as the bargaining agent for workers at the Santa Barbara News Press. The bargaining unit includes all full and regular part-time employees in the newsroom; this includes writers, reporters and photographers as well as copy editors and graphic artists.

First Published: November 1, 2007

Dow Jones & Company, IAPE-CWA/TNG
On Nov. 27, 2007, a unit of seventeen printing plant employees at the Dow Jones facility in Englewood, CO. voted to decertify from representation by the Independent Association of Publishers’ Employees. The union failed to garner the required majority of voting unit members (in an eight to eight vote), resulting in decertification of the union. IAPE had organized two of the company’s seventeen printing plants - in Colorado and in Ohio - in 1999. The Colorado plant had a six-year contract in place that ran through 2010, but employees filed a decertification petition after the first three years of the contract, resulting in the decertification vote

First Published: November 1, 2007

Court dismisses plaintiff ’s claims as time-barred
On Sept. 27, 2007, the United States District Court for the Southern District of Ohio dismissed as time-barred the claims of a former employee of the E.W. Scripps Company. Carmen Carter, a member of the Cincinnati Newspaper Guild during her employment with the Post, alleged that the Post breached the collective bargaining agreement by refusing to credit her for service time at The Knoxville News Sentinel. The News Sentinel, a sister newspaper to the Post, is also owned by the E.W. Scripps Company. Carter also asserted a second cause of action against the union for unfair representation in her breach of contract claim against the Post.

First Published: November 1, 2007

District court grants motion for summary judgment to defendant in ex-employee’s claim asserting certain rights under the FMLA
On March 31, 2007, the United States District Court for the District of Connecticut considered claims by a former employee of Conn. Newspaper Co. Inc. who alleged that her former employer unlawfully interfered with her rights under the Family Medical Leave Act (FMLA), by changing her job position upon her return to work.

First Published: November 1, 2007

Employer’s policy requiring return-to-work medical certification to specify employee can only work full duty or without restriction violates FMLA
In a decision dated Aug. 27, 2007, the United States District Court for the Southern District of Ohio ruled that Gospel Light Publications did not violate a former employee’s rights under the Family and Medical Leave Act (FMLA). In the course of analyzing the facts of the case however, the court noted that Gospel Light’s policy requiring the return-to-work medical certification to specify that an employee could work full duty or without restriction is in violation of the FMLA.

First Published: November 1, 2007

Labor & Employment Law Letter

Current Issue: Vol. 14 - No. 1 - Jan/Feb 2008

Previous Issue: Vol. 13 - No. 6 - Nov/Dec 2007

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