Feds charge newspaper company with 20 more unfair labor practice violations

National Labor Relations Board vs. The Providence Journal - October 2002

Oct. 23, 2002

Day 2, Trial 2
Reporter Ziner takes the stand
· Tells of award-winning career and transfer to 'night cops'
· Guild and management witnesses testify on trial's 2nd day

NLRB Trial 2
Press release
Charges

When: Began Monday, Oct. 21, 11 a.m.; continuing.

Day 1 / Monday, Oct. 22 Journal denies retaliation In first day of NLRB trial, company explains its position, Schick testifies

Where: Workers Compensation Courtroom 4(H), Garrahy Judicial Complex, One Dorrance Plaza, Providence, R.I. (Directions)

Coverage

Daily reports of the trial will be posted at www.journalontrial.org.

Oct 20 - Advance story, charges explained

Background
The Guild has been without a contract since 1999.

NLRB Trial 1 - February 2002

February 2002 trial coverage

GUILTY! The ruling (.pdf) (.zip) [48 pages, 3.8 megs]

History of the contract dispute

Index of Guild Leader newsletters from January 20, 1997 to now

Providence Newspaper Guild

Contact: Felice Freyer: (401) 949-5668
Cell: (401) 932-1912
Tim Schick: (401) 421-9466

PROVIDENCE -- Karen Ziner yesterday described how she was transferred from a position as general-assignment reporter -- once sent to cover such stories as the Mike Tyson rape trial and President Clinton's visits to Martha's Vineyard -- to the "night cops" job in which she answers the phone, chases late-breaking crime stories, and rewrites press releases on deer mating.

Ziner's 50 minutes of testimony came on the second day of the Journal's trial on 20 unfair-labor-practice charges. The National Labor Relations Board contends that the Ziner was demoted in retaliation for organized activity -- a petition on her behalf.

Also yesterday, Babette Augustin, a picture editor and Guild member, and Carol Young, deputy executive editor, gave differing accounts of an incident in which Young became angry because Augustin took a new intern to a Guild leafleting effort.

In a busy day of testimony yesterday, Administrative Law Judge William G. Kocol also heard from Guild members Ellen Sawyer, Ceci Arnold, and Steven Smith, from former Guild member Morgan McVicar, and from management witnesses Phil Kukielski and Tom Heslin. The trial will resume at 9 a.m. today in the Garrahy Judicial Complex and will probably end this afternoon.

Ziner testified about her 22-year career that earned her awards from UPI, the Epilepsy Foundation, the New England Associated Press News Executives Association and the Overseas Press Club and that included coverage of the TWA flight 800 crash from aboard a Coast Guard ship, dispatches from Southeast Asia, and coverage of the immigrant and refugee communities.

She then described the incident that the NLRB contends led to her demotion. While Ziner was out of the country, the subject of a domestic-violence story complained repeatedly about her coverage to several Journal executives. When she returned, she was told that she was being removed from the story, even though the Journal found nothing wrong with her coverage. She objected to the decision, and colleagues signed a petition protesting it. An article about Ziner's removal from the story appeared in the New York Times.

Soon, Ziner testified, she found that few good assignments came her way.

Under questioning by NLRB lawyer Joseph Griffin, Ziner briefly broke down in tears when asked about a meeting that occurred shortly after Morgan McVicar quit because he had been assigned to night cops. Ziner testified that Metro Managing Editor Tom Heslin called her on the phone, from his desk to her desk, asking her to come to his office. When she came with Brian Jones as her union representative, however, he refused to talk with her.

Later that week, Ziner learned that she had been transferred to nights by reading the weekly schedule posted in the newsroom, which said she would work Tuesday through Saturday, 4 p.m. to midnight. "Did anyone tell you this was going to happen?" Griffin asked her.

"I was told to check the schedule," Ziner said.

"Did anyone tell you?"

"No."

"Did anyone tell you why?"

"No."

Ziner testified that the night cops job had become a stepping stone for state-staff reporters looking to move onto the city staff. She said she was the first person in her 22 years at the Journal who had been transferred to nights after already achieving a place on the day city staff.

Morgan McVicar, a former reporter, testified that he wrote and circulated the petition protesting Ziner's removal from the domestic-violence story. Shortly afterwards, he said, Heslin told him he was being transferred to the night beat, which McVicar described as "the worst thing that could be done to any reporter." He described the beat as "something that had to be covered but nobody wanted to cover," which had become "a path downtown" for state-staff reporters.

The Journal's lawyers declined to cross-examine Ziner and McVicar.

Later, company lawyer Lincoln D. Almond asked Phil Kukielski, who was in charge of the state staff at the time of Ziner's transfer, whether there had been discussion about transferring a state staff reporter to fill the night cops job. Kukielski said he could not recall any such conversation.

In testimony late in the day, Heslin, the Journal's metro managing editor, said he was not aware that McVicar had circulated the petition about Ziner when he decided to reassign him to nights. Asked why he chose McVicar for the job, Heslin said: "It's an important position at the paper. From the pool of people I had, he had the skills to do it well."

After McVicar resigned, Heslin said, he chose Ziner for night cops because "she had the skills and background to do the kind of deadline reporting that the job required." Under questioning by Journal lawyer Richard Perras, Heslin denied knowing that Ziner had testified at a previous NLRB hearing and denied that the decision to transfer her had anything to do with the domestic-violence story.

On another charge, the NLRB alleges that Carol Young made a threat that workers will lose career opportunities if they participate in union activities.

The comment came after Augustin mentioned to Young that she had taken an intern to help distribute Guild leaflets at a Brown University event. Upon hearing this, Augustin testified, "She became agitated. …'Thank you for telling him what a terrible place to work the Journal is.' I said I didn't tell him that." Then, according to Augustin, Young said in a raised voice, "Thanks for ruining his career."

But Young testified that she said something else: "I flared. I either said I was outraged or disgusted that she took him to an event where he was being told that the company he worked for stunk. I thought it was ruining the glamour of his job."

"Did you ever say that she had ruined his career?'' Almond asked Young.

"Ruined his career? No." Young replied.

Later, the judge asked Young to tell the story again. She described her comment as: "How could you ruin somebody's first job, the excitement of his first job?"

Hours of testimony yesterday focused on the distribution of work in the features department. Copy editor Ellen Sawyer and her boss, Kukielski, managing editor for features, both testified about the company's decision to change copy editor's duties so they would no longer regularly work in a higher classification. Both said the decision came after an arbitrator's ruling that the company must resume its longstanding practice of paying copy editors a differential when they worked in the higher classification of makeup editor. Kukielski testified that "makeup editor" was an obsolete classification, but that the company had never attempted to eliminate it.

Cecilia Arnold, an editorial assistant, and Steven Smith, a departmental assistant, testified about the distribution of work among the support staff. The NLRB contends that Arnold should be paid a differential for working as a departmental assistant. Under questioning by Almond, Arnold acknowledged that after 1998, the work she did as an editorial assistant in the newsroom was similar to the work she now does in features. Under questioning by the NLRB lawyer Elizabeth Vorro, Kukielski said that of the four people classified as departmental assistants in features, only one actually performed the duties that go along with that title.

The day started with Perras cross-examining Guild Administrator Tim Schick about the company's Feb. 20 contract offer and a bargaining session that was held on Feb. 26, amid the previous NLRB trial. Perras sought to show that the company made a good-faith effort to resolve the conflict through negotiations, but Schick testified that there was no meaningful exchange and that the company only reluctantly agreed to bargain under pressure from the judge.

After the Guild made an off-the-record contract offer at the Feb. 26 meeting, Perras said, "There were discussions back and forth.''

Schick disagreed: "There was a response, which was 'Go stick it.' "

Felice J. Freyer is the Providence Journal's award-winning medical writer. She joined the paper in 1982 andwas assigned to the medical beat in 1989. A member of the Guild's Executive Committee since 1994, she has taken a leave from the newspaper to cover the trial.

There is much more information about the dispute at the Guild's main website, www.riguild.org. E-mail the Guild at png@riguild.org. The union's mailing address is: The Providence Newspaper Guild, 270 Westminster St., Providence, RI 02903. Telephone: (401) 421-9466. FAX: (401) 421-9495



Major charges in Trial 2
Oct. 20, 2002

Here's a summary of the major charges in this week's trial:

Retaliation -- real and threatened

The NLRB charges that the company retaliated against veteran reporter Karen Ziner, by assigning her to night cops -- working 4 p.m. to midnight Tuesday through Saturday -- after she participated in "concerted activities" and after she filed a complaint against the Journal with the Human Rights Commission.

The "concerted activities" involved a petition protesting the Journal's decision to remove Ziner from a crime story after one of the story's subjects complained -- even though the Journal acknowledged that her coverage was fair and accurate. Ziner's human rights complaint alleged that the Journal violated the Americans with Disabilities Act because it refused to allow her to use taxi vouchers outside Providence when she was temporarily unable to drive.

The Journal changed the duties of copy editors in the features department in retaliation for their successful grievance against the company. An arbitrator ruled that the Journal had wrongfully withheld "small grid" differentials that have always been awarded to people who work in a higher classification than their usual job. After the ruling, the company changed the copy editors' duties so that they could no longer collect the "small grid" payments. This also was a unilateral change in working conditions.

The company also faces a charge that Carol Young, deputy executive editor, "threatened employees with the loss of career opportunities because of the employees' union activities." The charge stems from a comment that Young made to a Guild member last April. The Guild member mentioned to Young that one of the two-year interns had helped distribute Guild fliers at a Brown University event. Young is alleged to have then said: "Thanks for ruining his career!"

Unilateral changes in working conditions

The company fired an employee who wanted to return from medical leave. Michael Monti, an advertising promotion specialist, went on medical leave in November 1999. In July 2001, Monti notified the company that he was ready to return from leave. The company responded with a letter informing Monti that he had been terminated retroactive to November 2000. This was a dramatic change in the Journal's previous policies on medical leave.

The company faces three charges for transferring two employees from the promotion department, which is part of the advertising unit, to the visuals department, which is part of the news unit. The contract prohibits the involuntary transfer of employees between the news and advertising units. The company also failed to follow the contract rules regarding the posting and filling of positions. The transfer of two people from the advertising unit amounted to a layoff in advertising unit -- and the company did not follow the contract's provisions on layoffs. As a result of the transfer, the two employees lost their seniority.

In November, 2001, the company refused to pay an editorial assistant in the features department the "small grid" differential that she was entitled to for taking over the duties of a departmental assistant, a higher classification.

In January 2002, the company changed its policy on use of the company credit card, saying that any charges the company thinks may be personal will be deducted from the employee's paycheck. In the past it had been understood that there was no penalty for accidental use of the company card for personal items.

Denial of legitimate information requests

The Guild requested information about: payroll data, particularly discrepancies regarding merit pay, pay grade, job title and experience steps; the company's failure make 401(k) payments for certain employees; the names of part-time employees who participate in the 401(k) plan; and details about any case since 1995 in which an employee was required to return to work over the objections of the employee's physician. The NLRB deemed this information necessary for the union to meet its duties to members, and alleges that the company had an obligation to provide it.

Illegal bargaining tactics

The NLRB charges that the company made a regressive wage proposal -- an illegal bargaining move -- when it took its wage offer for 2002 off the table, saying that there was a wage freeze for all Belo employees.

In October and November 2001, the company refused to bargain over the effects of its buyout program, such as the reassignment of the remaining staffers.

A few days before the February NLRB trial, the company made a revised contract proposal. The Guild replied with an invitation to bargain over it, which the company rejected. The NLRB alleges that the company's actions ran afoul of the law because it refused to bargain and because it required the union to drop all unfair-labor-practice charges before negotiations could begin. In addition, because the company sent its proposal to all Guild members, the NLR B has charged it with "direct dealing," an illegal attempt to bypass the union and negotiate directly with the employees it represents.

 

There is much more information about the dispute at the Guild's main website, www.riguild.org. E-mail the Guild at png@riguild.org. The union's mailing address is: The Providence Newspaper Guild, 270 Westminster St., Providence, RI 02903. Telephone: (401) 421-9466. FAX: (401) 421-9495


Pre-trial editions 1 . 2 . 3 . 4 . 5.0 5.1 5.2 5.3 5.4 Trial edition: 6.0 Aftermath: 7.0

Copyright © 2001 The Providence Newspaper Guild
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