NLRB Rules for Laid-Off Workers as Albany Guild's Victories Mount

Score another victory for New York’s Albany Newspaper Guild: A unanimous National Labor Relations Board says the Times Union newspaper illegally laid off 11 workers in 2009 and broke the law again by declaring impasse in negotiations with the union.

The ruling last week upholds an earlier decision by a federal administrative law judge, and tacks on a penalty. In addition to rehiring the workers, paying lost wages and benefits and returning to negotiations, the NLRB ordered the Times Union to pay compounded daily interest on the money it owes its employees.

The Guild calculates the bill for lost wages is now more than $500,000 – and growing – even without the interest. Albany Guild President Tim O’Brien called on management at the Hearst-owned newspaper to “stop its losing legal war on its employees and return to the bargaining table to settle all of our differences.”

“Too much money already has been wasted on lawyers at a time when the newspaper can ill afford it,” O’Brien said. “We stand ready and willing to negotiate a settlement with significant concessions that still preserves our right to negotiate over layoffs and outsourcing.”

The NLRB decision also requires the Times Union to post a notice, by email or an internet posting, that it broke the law.

O’Brien noted an interesting side note in the Times-Union’s legal strategy: Arguing the employer’s case to the NLRB, lawyers said the newspaper’s own reporting on the layoffs was hearsay and shouldn’t be considered reliable.

The NLRB ruling follows a recent federal court decision siding with the Guild over the company’s refusal to arbitrate its decision to end payroll deduction of union dues. An arbitration hearing is scheduled for Aug. 30 in Albany.