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Bulletin to Members posted at NABET-CWA Local11 (.pdf)

Here is a recent update on the National Labor Relations Board's Unfair Labor Practice case against CNN and Team Video for all TVS/CNN members. ALJ Buxbaum's report is the NLRB Special Master's report concerning an on-going subpoena dispute, the full purpose of which is explained in the update.

(http://www.nlrb.gov/shared_files/ALJ%20Decisions/2008/JD-60-08.pdf).

There are various appendices to the ALJ decision setting forth by name those individuals, both terminated employees and those currently working at CNN, who are entitled to remedial relief pursuant to the decision.  Already one employee has contacted the Local to claim that he was inadvertently left off the list.  We can correct this by filing an exception concerning any person who we have good reason to believe was inadvertently left off the list or was incorrectly excluded.  It is very important that any person that feels that they were inadvertently left off the list contact the Local office and should send us a detailed email to info@nabet31.org. The local unions can file exceptions with the NLRB. 

CNN's Lou Dobbs Peddles Lies and Anti-Union Propaganda:

The Big Lie at CNN!

CNN, despite its reputation as relatively “progressive”, has long been very anti-union. It regularly has much lower working conditions than virtually any other comparative broadcasting operation in America that is covered by important union-negotiated collective bargaining agreements. One of the reasons CNN originally set up its main operations in Georgia was due to the weaker legal protections of workers and unions in so-called “right to work” states. Despite this fact, in the early 1980s when CNN’s Atlanta headquarters first opened, the vast majority of workers signed cards to join NABET, the National Association of Broadcast Employees and Technicians.  The union lost the vote to become their bargaining agent in a controversial campaign in which CNN’s founder Ted Turner spent over a million dollars in anti-union efforts.  Turner publicly suggested he would rather close CNN than recognize the union.

In order to avoid having to deal directly with unions in CNN’s New York and Washington offices the company at first subcontracted all its technical services to Team Video Services (TVS) among others. Predictably, given the better labor protections in these places, the subcontracted workers in both New York and Washington early became union members by voting overwhelmingly in a secret ballot election to join NABET-CWA and were able to negotiate a series of labor agreements.

However some three years ago CNN managed to get rid of most of its unionized members and escape the contract by dropping TVS and setting up something called the “Bureau Staffing Project” which hired the workers directly under worse conditions and without recognition of the union.

Justice delayed is justice denied. After five years of investigation, charges filed, and exhaustive hearings, in December 2008 NLRB Judge Amchan declared CNN had engaged in, " ...widespread and egregious misconduct, demonstrating a flagrant and general disregard for the employees’ fundamental rights." And yet, the issue is still not resolved. CNN is appealing the NLRB judge’s ruling, possibly for years, making the arrival of these workers’ day of justice uncertain. The union will not quit.

CNN continues to tell its employees that the union is trying to force representation without another union election. What? Our NABET-CWA represented members have already spoken, twice. The NLRB judge has already spoken. Now CNN declares, “Employees should have a secret ballot.” But just like last time, today's law still allows these same union-busting lawyers and “persuaders” to lean on workers; so much for the secret ballot, free choice, and who's the "thug." It is likely that the Company’s intimidation campaign of the past would continue.  Here is yet another example of why workers need real labor law reform to level the playing field and get real and meaningful representation.

The lesson here is undeniable. Today's case makes it obvious that within current labor law, even with an unambiguous NLRB judge's ruling, companies know they can deny worker’s rights and frustrate the process through years of legal delays and argument. How long must union members wait to get justice? We need reform now. We need the Employee Free Choice Act passed and signed into law.


CNN has been granted a request for an extension of time to file exceptions to the Administrative law Judge decision.  The new date for filing exceptions is February 17, 2009.  The NLRB and Locals 31 and 11 will have an opportunity to file cross exceptions after CNN's exceptions are filed.  Cross exceptions present an opportunity for the NLRB and the two locals to appeal any aspect of the Administrative Law Judge's decision that they take issue with.

News from the National Association of Broadcast Employees and Technicians-CWA

The Union for the Information Age

For Release Nov. 24, 2008

Contact Brian Powers or Keith Bolek

for NABET-CWA, (202) 362-0041

or Candice Johnson, CWA Communications, 202-434-1168

Administrative Law Judge Issues Landmark Decision

Against CNN America, Inc.

Judge finds that CNN engaged in “widespread and egregious misconduct, demonstrating a flagrant and general disregard” for employee rights

Orders immediate reinstatement of 110 workers

Washington, D.C.The Honorable Arthur J. Amchan, an Administrative Law Judge of the National Labor Relations Board, issued a decision detailing how CNN America, Inc. (“CNN”) violated the federally protected rights of more than 250 employees at the network’s bureaus in Washington, D.C. and New York, N.Y.  The Judge found that CNN committed substantial violations of the National Labor Relations Act when it terminated a subcontracting relationship with Team Video Services (“TVS”) – whose employees were represented by NABET-CWA, Local 31 and Local 11 (collectively “NABET-CWA”). CNN also was found to have discriminated against TVS employees who sought to continue their employment at CNN’s bureaus.

The Judge found that CNN discriminated against the TVS employees in a blatant attempt to avoid having to recognize and bargain with the employees’ collective bargaining representatives.  This decision is the culmination of more than five years of struggle by workers and their unions to vindicate their rights at the D.C. and N.Y. CNN Bureaus. 

For more than 20 years, CNN subcontracted the technical work of broadcasting news and programming from its D.C. and N.Y. Bureaus to a series of subcontractors.  The employees of these subcontractors – who were always represented by the National Association of Broadcast Employees and Technicians-CWA – provided the video and sound for many of CNN’s most recognized programs, including Larry King Live and Lou Dobbs Tonight.  However, in 2003 and 2004, CNN terminated its subcontract with the last subcontractor, TVS, and announced that the network would hire its own employees to provide these services.  CNN developed and implemented what it called the “Bureau Staffing Project,” which was a series of procedures for the recruitment and hiring of these new employees.

In his 169-page decision, Judge Amchan found that CNN was a joint employer with TVS of the subcontractor’s employees and, as a joint employer, the network was obligated to recognize and bargain with NABET-CWA over the decision to terminate the subcontracting relationship, as well as the decision to hire new employees.  The Judge further found that CNN’s Bureau Staffing Project was a sham, used by the network to discriminate against TVS employees in order to limit the hiring of those employees in order to avoid having to recognize and bargain with NABET-CWA.  In reaching these conclusions, Judge Amchan thoroughly discredited all of CNN’s witnesses and rejected each of CNN’s defenses. 

The judge’s order calls for the following:

  1. Reinstatement and full back pay for more than 110 employees.  Training for those rehired, if necessary.
  2. Recognition of the unions in New York and DC.
  3. Dues to be remitted to the unions for those who were on check off at the time the contracts were cancelled.
  4. Rescind, upon request, any departures from the collective bargaining agreements that occurred when the work was taken in-house.
  5. Restore any bargaining work that has been outsourced since the end of the Team video contracts.
  6. Posting of a notice at the two bureaus and the mailing of the notices to all employees at last known addresses who were part of the bargaining units when the contract was cancelled.
  7. A “cease and desist order” to prohibit CNN from infringing on workers’ rights under labor law in the future.

Judge Amchan’s order is a comprehensive remedy that requires CNN to recognize and bargain with NABET-CWA, as well as reinstate more than 110 employees who were not hired as part of the Bureau Staffing Project, restore the employees’ working conditions as set forth in the now expired union contracts except for improvements unless requested by NABET-CWA, and to make whole all employees for any loss of earnings and other benefits. 

J. Carl Mayers, president of NABET-CWA Local 31/Local 52031, said, “We were very pleased with this decision. It is a great victory for all union workers and would not have been possible without the hard work and courage of the members that were terminated by CNN as well as those that remained and never gave up hope.”

Ed McEwan, president of NABET-CWA Local 11, said, the decision by the ALJ “is a victory for workers, but one that took far too long to achieve because of our broken labor laws. Everyone in America should know that the network management we rely on to bring us the news are not above the illegal practices that they headline on a regular basis. From the very beginning we promised our members that 'we will not forget.' We didn’t, and we're keeping up the fight until fairness is fully won."  

The decision will be available on the National Labor Relations Board’s website on Monday, November 24, 2008 on page entitled “ALJ Decisions.”

###


You can obtain the decision (as a PDF File) by going to the following website: http://www.nlrb.gov/shared_files/ALJ%20Decisions/2008/JD-60-08.pdf

Northland Poster

Judge: CNN Must Re-Hire 100 Fired Union Workers

Source:

The Examiner.com-Chicago (IL) N/A

Indexed At:

11/25/2008 8:25 AM 1005879436

NLRB rules against CNN

Byline:

WILLIAM TRIPLETT

Source:

Variety.com (NAT) 32600

Indexed At:

11/24/2008 9:14 PM 1005416491

NLRB to CNN: Rehire workers

Byline:

Leslie Simmons

Source:

Hollywood Reporter (NAT) 28400

Indexed At:

11/24/2008 8:37 PM 1005389040

Boston.com

Source:

Boston Globe and Boston.com (MA) 414000 [Registration Required]

Indexed At:

11/24/2008 6:21 PM 1005293500

NLRB Judge Rules Against CNN, Which Will Appeal

Byline:

John Eggerton

Source:

Broadcasting & Cable (NAT) 23500

Indexed At:

11/24/2008 6:01 PM 1005277405

Administrative judge rules CNN violated labor laws

Source:

CNNMoney (Money Magazine) (NAT) 2036200

Indexed At:

11/24/2008 5:38 PM 1005261612

"Nil sapientiae odiosius acumine nimio"
Nothing is more hateful to wisdom than excessive cleverness

Lucius Annaeus Seneca


 

It is the goal of NABET-CWA Local 31 to win back this contract and protect the rights of those working under it. Your Union has made this fight it's top priority and we invite you to continue on our web site to see how. You will also find helpful information as to what employees were entitled to and those legal aspects surrounding why and what CNN has done is so wrong.


Look at this! NABET 31 Fighting for its members ... 

DCRTV: NLRB: CNN Busted Camera Crew Union - 4/12/04 - The National Labor Relations Board has issued a complaint against CNN, upholding unfair labor practice charges by the National Association Of Broadcast Employees And Technicians-CWA, contending that the cable network illegally tore up union contracts for field camera crews and other technical workers serving its DC and NYC news bureaus in 2003. At that time, CNN took over news gathering operations that had been contracted to Team Video Services, whose employees were represented by NABET-CWA. CNN hired back many of the former TVS workers, but to get rid of the union, "CNN expanded and packed the DC and NY units in order to avoid a successorship obligation to recognize and bargain" with NABET-CWA, according to the board. CNN was said to have dismissed many of the former TVS workers, and for those who rehired, it slashed wages, and benefits. In a 4/4 ruling, NLRB's counsel ordered a September hearing before an administrative law judge. The board is seeking reinstatement and back pay for those who were discharged, and the restoration of the contractual terms in the original labor contract with TVS. Approximately 350 union-eligible employees work for the two bureaus.....


Through the Wire

By Linda Haugsted -- Multichannel News, 2/8/2004 5:00:00 PM MT

'Twas a Circle of Fun, With Whistles

Time Warner Inc. threw itself a gala to celebrate the opening of its palatial Time Warner Center at New York's Columbus Circle last Wednesday night: Jewel, Cindy Crawford and even Jon Stewart were there, and the pricey restaurants and posh shops in the front atrium were gleaming.

Wire-service photos the next day made it look like lots of celebrity fun. You couldn't see the rude reception across the street: a 20-foot high blowup rat, accompanied by several dozen union representatives blowing whistles.

Members of the National Association of Broadcast Employees and Technicians said they were protesting Cable News Network's refusal to negotiate with the union after the network hired a number of former contract workers as full-time technicians. National Writers Union reps complained that Time Inc. publications insist that freelance writers give up all rights to articles that run in the company's publications.

"They [Time] want all of the rights for every format yet to be invented anywhere in the universe. It prevents us from reselling our rights to other regional markets as we've traditionally done for decades," said National Writers Union president Jerry Colby.

NABET rep Moe Thomas, an ABC employee, complained that CNN refuses to recognize the union as a bargaining agent.

But he said the protesters wouldn't try to block access to the party. "We don't want to ruin the evening or anything, we just want to get the message across."


NABET-CWA Applauds Labor Board Ruling against CNN for Tearing up Union Contracts in New York, Washington  

WASHINGTON, April 11 /PRNewswire-USNewswire/ -- The National Labor Relations Board has issued a complaint against CNN, upholding unfair labor practice charges by the National Association of Broadcast Employees and Technicians-CWA contending that the cable network illegally tore up union contracts for field camera crews and other technical workers serving its New York and Washington bureaus in late 2003.

    At that time, CNN took over news gathering operations that had been contracted for many years to Team Video Services (TVS), whose employees were represented by NABET-CWA. CNN hired many of the former TVS workers, but to get rid of the union, "CNN expanded and packed the D.C. and N.Y. units in order to avoid a successorship obligation to recognize and bargain" with NABET-CWA, the board's ruling stated.

    CNN dismissed many of the former TVS workers and for those who it rehired it slashed wages, benefits and other job conditions and protections, refusing to recognize their bargaining rights.

    In a ruling dated April 4 and received by the parties this week, the NLRB general counsel ordered a hearing in September 2007 before an administrative law judge over the charges. Among remedies the board is seeking are: reinstatement and back pay for those who were discharged in the shift from TVS to CNN, restoration of the contractual terms in the original labor contract with TVS and "make-whole-relief" for the workers, and the restoration of their union representation and bargaining rights.

    Approximately 350 union-eligible employees work for the two bureaus.

    "Although this ruling has been a long time coming, we're gratified and confident that the board's decision will finally put us on a path to justice for these CNN workers," said NABET-CWA President John Clark.

    Ed McEwan, president of the union's Local 11 in New York, said: "From the beginning, we told the workers it would be a long fight given the current political climate, but to have faith. We're not going to let CNN walk over us."

    In Washington, D.C., NABET-CWA Local 31 President Carl Mayers said: "This is a very important decision for our members, and it also is a statement that no matter how long it takes, we're determined to protect our jobs and bargaining rights."

    NABET-CWA is a sector of the 700,000-member Communications Workers of America.


State of the Union: Convention Warfare
For the first time, New York unions are threatening labor unrest at the GOP convention—and CNN may be to blame. In 2003, CNN terminated its relationship with a subcontractor whose employees were repped by the National Association of Broadcast Employees and Technicians (NABET). CNN hired half the workers back, but won’t recognize NABET—and now the union’s retaliating. “Our goal is to embarrass CNN before a national audience by creating difficulties at the convention,” says NABET president John Clark. NABET may stage a picket that other workers could be reluctant to cross. The dispute has also created complications for John Kerry. Labor leaders asked him to boycott CNN shows, sources say, but Kerry refused, instead penning a private, sharply worded letter to CNN president Jim Walton: “I find the dismissal of long-term workers and the ouster of their union to be disturbing, and I urge you to do the right thing by reconsidering your actions.” CNN says NABET’S using a high-profile event to force its hand. —Greg Sargent
From the
June 21, 2004 14:44:03 GMT edition of the Drudge Report.
Original posting at:


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