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KGTV Negotiations: "No Sense" is "NONsense"

Employees Tell Quinn: Return to the Table

"We have simply told the Union that it makes no sense to spend time "negotiating" when the Union has announced in advance that no amount of negotiating will do any good," said Mike Biltucci in a memo authored by KGTV attorney John Collins. "Nonsense," said Local 54 President Dennis Csillag. "Documents show we have repeatedly told the Company we want to go back to the table and negotiate a fair and equitable agreement. But that means finding middle ground in their proposals and Biltucci claims there is no middle ground."

The exchange was prompted when the Company received word that Local 54 represented-employees were signing a letter to Ed Quinn, telling him to go back to the table. The letter, delivered to Quinn Quote last week, stated: "Our Union has requested dates from you to continue collective bargaining on a new contract. We have a long history of working together to achieve our mutual goals. The only way to resolve the remaining issues between us is at the bargaining table. Therefore, the undersigned NABET-CWA-represented employees of KGTV believe it is in the Company’s best interest that you return to the table immediately – without pre-conditions – and negotiate a fair and equitable agreement." The letter was signed by 80% of the represented-employees. Of the handful that declined to sign, half still expressed support for the Union, bringing the support level to 90%. Local 54 Vice-President Robert Buchanan said, "The Company was hoping to squash the letter by telling employees to "think about the facts" before they sign. We think they did just that and now we have the results. Since the Company is delaying a vote by continuing their battle with the Labor Board, this gives them a preview."

Local 54 Secretary Joshua Case wonders why the Company hides behind union-busting rhetoric instead of defending their proposals. "The Company has yet to honestly make their needs known, remaining silent on the real issues. These tactics come directly from the union-buster's bag of tricks. The Company misdirects the focus to side issues, avoiding the big picture. The real issue is making KGTV the best station it can be. Our Union has a long history of looking at station needs and drafting contract language acceptable to both parties. By continuing to try and fool their own Employees with half-truths and spin, the Company is delaying a successful conclusion to this strange situation — which they created."

A former NLRB employee recently told NABET-CWA, "It's not like the Board doesn't know what's going on here. Any Company that wants to reach an agreement reaches an agreement." Csillag said, "It reminds me of the Writer's Guild strike. Once the AMPTP (management) decided they actually wanted a deal, network and studio executives who had not joined the earlier talks were suddenly at the table constructing a deal."

Buchanan added, "All forms of media are involved in a rapidly changing landscape. While the jobs may change, there is no reason they can't be good union jobs. The Company demonstrates this every time two non-union photographers are assigned to run a live truck. It makes more sense to have a union truck operator and use the extra photographer to gather content. We are all about maintaining and expanding good jobs. The Company is all about one non-union station. Despite being under attack for two years, our people have kept their eye on the ball — a fair and equitable agreement. They've seen what has gone on in the rest of the building over the last two years and understand the unfairness of it. They know the value of a Union and a good job."

Local 54 Negotiating Committee member and Shop Steward Frank Castillo, Jr. said, "The Company always tells the represented-employees to get the facts. The facts are that after more than 50 years of labor peace between NABET-CWA and KGTV, McGraw-Hill is union-busting. In the Fall of 2005, the Company hired the law firm of Sheppard Mullin, a firm that boasts of providing employers with "union-free" environments. The lawyer representing KGTV is John D. Collins, and Sheppard Mullin says "He has assisted literally hundreds of companies in maintaining or achieving non-union status." You don't hire a union-buster if you don't want to union-bust. Those are the facts. I'm on the Negotiating Committee. I was there and I know what happened and what didn't happen. It's time to dump Sheppard Mullin, return to the table and actually START the process of negotiating."

Local 54 Shop Steward Corinne Green provides a bottom line for cutting through the spin: "If Union members are unsure who to believe, strip away the words and look at motivation. The Company’s bottom line is money. Is it in their best interest to continue to support a Union that protects workers’ rights or are they looking for a way to save money by driving out the Union? What is the Union’s motivation? Unions exist to protect workers’ rights. If you have any doubts about what your life would be like at KGTV without a Union, look at the newsroom and ask your friends in that department if they are happy — or simply compare the turnover rates for News versus Engineering, Operations and Graphics" said Green.

NLRB Issues Complaint Against KGTV Over Layoffs

The National Labor Relations Board has issued a Complaint against KGTV over the layoffs of 3 represented-employees in January and set a hearing on the matter for July 28, 2008. The Complaint alleges the Company laid off Ilo Neukam, Roberto Rios and Melissa Sass "without prior notice to the Union and without affording the Union an opportunity to bargain with (the Company) with respect to this conduct or the effects of this conduct." The Complaint also alleges the Company "has been failing and refusing to bargain collectively with the exclusive collective-bargaining representative of its employees in violation of...the Act." According to the Complaint, the NLRB is seeking an Order to force KGTV to promptly reinstate the employees "to their former positions, or if those positions no longer exist, to substantially equivalent positions...and make them whole for any loss of earnings and other benefits suffered as a result of their layoffs, until such time as they are reinstated..." The Complaint seeks compounded interest on any amounts due to the employees.

In late March, The National Labor Relations Board upheld a NABET-CWA Unfair Labor Practice charge that KGTV "reduced its represented staff without bargaining over the decision to layoff unit employees and without bargaining over the effects of that decision..." The Board determined that the appropriate remedy for KGTV's refusal to bargain with the Union over those layoffs is to return the NABET-CWA-represented Employees to work with full back pay, but the Company rejected that remedy.

When KGTV instituted the layoffs and NABET-CWA requested to bargain over the unilateral decision, KGTV Business Director Paul Kaderabek said, "...the parties have already bargained about layoffs. There is no duty to bargain further..." After the Union filed the Unfair Labor Practice charge, KGTV Operations Manager Mike Biltucci said the charge was "without merit" and and the Company acted "lawfully."

According to Local 54 President Dennis Csillag, "It's amazing that the Company will grudgingly engage in discussions with us over relatively minor issues, but when it comes to the future work lives of 3 dedicated and professional employees, they don't care enough about these people to bargain. It is a continuation of the tone the Company first set in January of 2006, when they showed more interest in preventing an agreement than they did about the collective futures of their workplace partners — the same employees who have brought the Company much success."

Local 54 Vice-President Robert Buchanan said, "There is no positive spin the Company can put on this one. They laid off 3 Employees without showing just cause, did not give them the proper notice, short-changed their pay on the way out the door and refused to discuss it, before or after the fact. These are the same managers who have been telling our members we would be treated fairly without a Union. Unlike the News employees involved the layoffs, our members have a collective voice behind them."

In a statement written by KGTV attorney John Collins and released by Ed Quinn, the Company followed the familiar pattern of declaring innocence and blaming the Union, saying, "We are confident the judge will find that KGTV complied with the law in all aspects." Csillag added, "Unfortunately, Ed continues to allow his zeal for union-busting to cloud his good business judgment and sense of fairness."

KGTV still refuses to return to the table and NABET-CWA is still protecting the terms and conditions of employment. Local 54 members continue to keep their eye on the ball — a fair and equitable contract!

Read the full text of the NLRB Complaint here.

Quick Hits

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