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Labor & Employment Law Letter (archived)

Bi-monthly, 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



Current Issue:  Vol. 14 - No. 3 - May/June 2008



Change in Guild Leadership
The Newspaper Guild has announced that former Guild Secretary-Treasurer, Bernie Lunzer, defeated incumbent Linda Foley for the head leadership spot in the organization. By a vote of 3,611 to 2,864, Lunzer won the June election and will take office during the CWA election this year.

First Published: May 1, 2008

Company Has Authority to Contract Out Route to Hauler
In an arbitration between The Baltimore Sun Company and Teamsters Local 355, Arbitrator Roger Kaplan found no violation of the collective bargaining agreement when the Sun contracted out a route to an outside hauler. Kaplan found ample support for the change in the language of a memorandum and letter of agreement between the parties, and past practices between the parties, including a 1993 arbitration between the Sun and Local 355 which upheld the contracting out of single copy stops.

First Published: June 20, 2008

Court Rejects Discrimination and Retaliation Claims Against Indianapolis Star
Two former editorial writers’ claims of discrimination, unlawful retaliation, constructive discharge and emotional distress against the Indianapolis Star were dismissed by the U.S. District Court in Indianapolis March 27.

First Published: June 20, 2008

District Court Compels Union and Defendant Company to Arbitrate Grievances
After failing to arbitrate a grievance arising from a disagreement regarding jurisdiction over online reporter work, the union filed a complaint against the defendant company alleging breach of the collective bargaining agreement. On Feb. 4, 2008, the United States District Court for the Western District of Washington granted judgment in favor of the union and granted in part counterclaims by the defendant.

First Published: June 20, 2008

Employees Discharge Was Proper
Two employees who violated the San Diego Union-Tribune’s drug policy were properly terminated despite changes to the policy without notice or opportunity for union bargaining in violation of the National Labor Relations Act.

First Published: June 20, 2008

President Signs Genetic Information Nondiscrimination Act
On May 21, 2008, President Bush signed into law the Genetic Information Nondiscrimination Act (GINA) which prohibits discrimination by employers, labor unions, and health insurers on the basis of a person's genetic information or the genetic information of their family members.

First Published: June 20, 2008

Newspaper Telemarketer Can Pursue Retaliation and Free Speech Claims
A former telemarketing manager for the New Haven Register may move forward with her claims of a retaliatory discharge and free speech violations under federal and Connecticut laws, the U.S. District Court in Hartford ruled Nov. 7, 2007.

First Published: June 20, 2008

Subcontracting Bargaining Unit Work is Lawful
On April 21, 2008, Arbitrator R. Douglas Collins found that The Bakersfield Californian did not violate its collective bargaining agreement with Local 404M when it subcontracted the operation of the paper's pressroom/plateroom. Arbitrator Collins stated that the management rights clause in the agreement "clearly and unambiguously" authorizes the employer to subcontract bargaining unit work.

First Published: June 20, 2008

Tennessean Telemarketer Properly Discharged for Harassment
The Tennessean newspaper in Nashville did not improperly discharge a former telemarketer for sending a coworker a harassing letter, the U.S. District Court in Nashville held April 23.

First Published: June 20, 2008

Worker Misclassification Legislation Introduced
On May 21, 2008, Rep. Rob Andrews (D-NJ), Chairman of the House Education and Labor's Subcommittee on Health, Employment, Labor and Pensions and Rep. Lynn Woolsey, Chair of the committee's Subcommittee on Workforce Protection, introduced the Employee Misclassification Prevention Act (H.R. 6111).

First Published: June 20, 2008
 


Previous Issue:  Vol. 14 - No. 2 - Mar/Apr 2008



ALJ Links Anger over Act of Sabotage to Termination of Employee and Orders Reinstatement
An employee, who was suspended and terminated by The New York Post, was ordered reinstated by Administrative Law Judge Raymond P. Green on Feb. 8, 2007. Green found that the Post violated Section 8(a)(1) & (3) of the National Labor Relations Act when it discharged employee, Ernest Green, for theft of company property.

First Published: May 20, 2008

Appeals Court Affirms Lower Court's Finding of Independent Contractor Status
On March 10, 2008, the Court of Appeals of the State of Indiana affirmed the trial court's finding that a former newspaper delivery person, George Snell, was an independent contractor and not an employee of C.J. Jenkins Enterprises, Inc. In August 2006, Snell brought an action against Jenkins for damages and unpaid wages under Indiana's wage statutes. The following August, the Marion Superior Court entered summary judgment in favor of Charles Jenkins and C.J. Jenkins Enterprises. Snell appealed.

First Published: May 20, 2008

Breach of Contract Claim Fails When Union Representatives Fail to ‘Perform’
An Ohio court dismissed a breach of contract claim brought against a newspaper by union employees because they failed to uphold their own duties under the agreement.

First Published: May 20, 2008

Deadline for Participation in NICS is May 15
The final deadline for participation in Inland Press Association's 2008 Newspaper Industry Compensation Survey is May 15th. This annual survey is the industry standard report for over 90 newspaper-specific job titles and is used by over 514 participating newspapers to compare their compensation levels by circulation size, revenue base or with the newspaper industry as a whole.

First Published: May 20, 2008

DOL Releases Two Opinion Letters
The Department of Labor issued two non-administrator opinion letters on Feb. 14, 2008 dealing with interpretations under the Fair Standards Labor Act.

First Published: May 20, 2008

EEOC Reports 9 Percent Rise in Job Bias Charges in 2007
Data released March 5, 2008 by the Equal Employment Opportunity Commission (EEOC) show an increase of 9 percent in job bias charges in Fiscal Year 2007 – the highest volume of charges since 2002 and the largest annual increase since the early 1990s.

First Published: May 20, 2008

Employer's Withdrawal of Recognition from Union Following Consolidation is Lawful
In a National Labor Relations Board advice memo issued Mar. 19, 2008, Associate General Counsel Barry J. Kearney concluded there was no violation of the National Labor Relations Act when MediaNews Group withdrew recognition of the Newspaper Guild as the bargaining agent for newsroom employees of several Bay Area newspapers. Kearney agreed with Region 32 that the withdrawal was lawful.

First Published: May 20, 2008

Former Traffic Reporter Can Bring Disability Discrimination Suit
Claims against a television station for discrimination in violation of the Americans with Disabilities Act and an Ohio retaliation law can properly be heard in an Ohio federal court.

First Published: May 20, 2008

For Purposes of Workers' Compensation Law, Carriers Found to be Employees
In an unpublished opinion dated Feb. 26, 2008, the Court of Appeal of the Second District of California affirmed the judgment of the trial court which found carriers of the Antelope Valley Press to be employees for purposes of workers' compensation law, not independent contractors.

First Published: May 20, 2008

Hawaii Paper Must Reinstate Terminated Employees
Employees of the Hawaii Tribune-Herald disciplined and fired for engaging in union-related activities must be reinstated and awarded back pay, an administrative law judge ordered March 6.

First Published: May 20, 2008

NLRB Proposes New, Voluntary Procedure for Consent Elections
On Feb. 26, 2008 the National Labor Relations Board proposed a rule that would create a new form of consent election in which a labor organization and an employer could, jointly, file a petition for certification consenting to an election.

First Published: May 20, 2008

No Age Discrimination Claim for Terminated 55 Year-Old Advertising Manager
In a case alleging age discrimination, the United States Court of Appeals for the Tenth Circuit affirmed the district court's finding of summary judgment in favor of Tulsa World Publishing Company.

First Published: May 20, 2008

No Age Discrimination in Termination of Director of Photography
An employee of The Flint Journal who alleged his termination was motivated by age discrimination failed in his claim because he was unable to offer any evidence of discrimination, so concluded a United States District Court in December 2007.

First Published: May 20, 2008

NY State Task Force on Misclassification Issues Findings
On Feb. 11, 2008, New York's Joint Enforcement Task Force on Employee Misclassification issued findings on its initial round of enforcement investigations.

First Published: May 20, 2008

Richmond Times Dispatch, GCC/IBT
Pressroom employees of the Richmond Times Dispatch, who had been represented by the GCIU for many years, have voted to end union representation by GCC/IBT Local 40. The vote, which took place in February, was 28-14

First Published: May 20, 2008

Schaumber Designated as NLRB Chairman
On Mar. 18, 2008, President Bush announced his intention to designate Peter Schaumber as Chairman of the National Labor Relations Board. Schaumber, who has served on the Board since 2002, is currently serving his second term which will expire on Aug. 27, 2010.

First Published: May 20, 2008

Union's Failure to Ratify Agreed Upon Contract Violates NLRA
When a union accepted an employer’s final offer on a collective bargaining agreement but later refused to ratify the agreement, it violated the National Labor Relations Act, an administrative law judge held Jan. 18.

First Published: May 20, 2008
 


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