Grievances: Tentative Agreements
May Be Achieved

by Dan Herbeck

In last month’s Frontier Reporter, we reported on grievances against The Buffalo News. Since October 1997, the Guild has attempted to work with the News in settling these grievances. Twelve of the major grievances were submitted to our headquarters, The Newspaper Guild-CWA in Washington, D.C. Through their Legal Services Policy, the Buffalo Newspaper Guild-CWA will receive financial and legal assistance in pursuing arbitrations and Unfair Labor Practice (ULP) charge filings. We also continue to use the advice of our Local Attorney. Initially, these grievances were slated to go to arbitration. Six of those are also Unfair Labor Practice charges, to be filed with the National Labor Relations Board.
Earlier this month, the Guild was able to reach tentative settlements on six of the grievances. Two were still under consideration by News management. If no settlements are reached on the others, the Guild plans to proceed to arbitration and filing ULPs with the NLRB.

Termination Of Inside Circulation Employee - Guild member terminated in November 1997.

Guild Position: The termination was without just and sufficient cause.

News Position: The termination was justified.

Status: Guild will pursue arbitration through our Local attorney. We expect a hearing some time in May.

Unjustified Discipline of a District Manager - A written warning was issued related to the incident leading to the termination of the Inside Circulation employee.
Guild Position: Issued without just and sufficient cause.

News Position: District Manager failed to properly perform his duties.

Status: News will consider reducing the warning to a verbal and ultimately removing it from the DMs record.

Unilateral Change In Zone Clerk Working Conditions - Circulation Division Lead clerk, working in north suburbs, was transferred to downtown office in January.

Guild Position: Unilateral change in conditions, violation of a 1993 grievance settlement on transfer of Zone Office clerks.

News Position: No contract violation.

Status: Guild will file a ULP through TNG-CWA Legal Services.

Unilateral Change of District Manager Last Call/Sunday Scheduling for Single Copy District Managers- News changed work schedules of DMs in January requiring an 8 p.m. last call. They are also requiring Single Copy DMs to work Sundays.

Guild Position: Unilateral changes violate flex-time clause in contract, Article 9, Section 9. The News must show good and sufficient cause to insitutute set schedules for DMs. The change also violates a bargained grievance settlement establishing a 6:45 p.m. last call.

News Position: Initially, that management can schedule changes as they deem necessary.

Status: The News agreed to bargain schedule changes and will require Single Copy DMs to work 6 out of 8 Sundays vs every Sunday. DMs can continue to utilize flex-time and arrange last calls with cover partners when necessary.

District Sales Advisor assigned as a floating District Manager - All District Managers are subject to the bidding procedure. District Sales Advisors (DSA), while in the Guild, are outside this bidding procedure.

Guild position: The News must assign biddable District Manager work to those who have gone through the bid process, Article 26, Sections 2 and 3.

News Position: Initially, no contract violation.

Status: The News agreed to return DSA to regular position and assign a ‘float’ DM to fill vacancies.

Transfer of work from Single Copy Sales/Circulation to Operations Department/Production - The News has placed a district manager on temporary assignment in Operations/Production.

Guild Position: The Buffalo News has violated new temporary work assignment language in the contract, Article 11, Sections 9 and 10 and imposed an unachieved bargaining demand on the Guild.

News Position: Initially, no contract violation.

Status: The News will agree to return the work to the Circulation department and Guild jurisidiction.

Creation of Second Assistant Single Copy Manager where the contract only allows for one.

Guild Position: The contract dictates one management exclusion for this position, Article 1, Section 1B. This is also a violation of a 1996 grievance settlement clarifying singular exclusions.
News Position: No contract violation. They can create as many management positions as they want.

Status: While the Guild considers arbitration, The News will consider the scope of the position and may consider changing the title to create a proper contractual exclusion.

Operations Manager in Production Department performing Guild bargaining unit work. - This Operations Manager is performing work normally and presently performed by Single Copy Sales District Managers, bargaining unit personnel.

Guild Position: This is a direct violation of the jurisidiction clause of the contract, Article 1, Section 2.

News Position: Initially, no contract violation.

Status: Operations Manager position will be eliminated. Manager in question will be placed in a Zone Office.

Wage Freeze For 3 District Managers - News imposed wage freeze on three district managers who had been excluded but returned to the Guild in 1994 and 1995. They received retroactive pay checks in November of 1997 following contract ratification. The News insisted that their pay was frozen and deducted money from their pay checks without their express authorization, a violation of New York State Labor Law.

Guild Position: The News has violated the contract, Article 26, Section 4, has committed an Unfair Labor Practice by unilaterally freezing their wages and has violated New York State Labor Law.

News Position: The actions were legal and proper.

Status: Guild is filing for arbitration and a ULP with the NLRB through TNG-CWA Legal Services.

Sports Story Byline - After contact with a major newsmaker in Buffalo area, an editor composed and dictated a sports story and put a reporter's byline on the story without the reporter’s knowledge.

Guild Position: Violation of News policy on bylines.

News Position: After a series of discussions between Guild representatives and top editors, a clarification was run on Feb. 27, acknowledging that the story was incorrectly attributed to the sports reporter.

Status: Grievance settled at the departmental level.