Santa Barbara News-Press Files Unfair Labor Practice Charge against Teamsters Union for Secondary Activity
SANTA BARBARA, Calif.--(BUSINESS WIRE)--The Santa Barbara News-Press has filed an unfair labor practice charge with the National Labor Relations Board (NLRB) against the Teamsters Union for threatening and coercive secondary activities directed at its distributors in violation of the National Labor Relations Act.
The charge states that the union, through its representatives, engaged in, or encouraged others to engage in, secondary activities directed at independent newspaper distributors whose livelihoods depend on selling individual copies of the News-Press from newspaper racks. Banners calling for the cancellation of the News-Press have been placed on a local newspaper rack. Single copy newspaper racks have also been vandalized with anti-News-Press graffiti, and newspapers have been stolen from the racks.
Based on the union’s concerted and public campaign urging subscribers to cancel the paper, the News-Press believes that this theft and vandalism, which hurt its distributors, are attributable to the union.
The union's campaign against the News-Press most recently included reporter Melinda Burns’ claim that she was fired from the paper in retaliation for her role in the union campaign. This claim is absolutely false. Ms. Burns was terminated because she violated journalistic standards by repeatedly injecting personal bias into her reporting. She continued to do so for at least five years, in spite of repeated warnings by her editors that this was unacceptable. The specifics of Ms. Burns’ actions are outlined in her termination letter from Associate Editor Scott Steepleton.
Mr. Steepleton wrote, “Despite counseling, admonishment and warnings over the past five years, you have ignored this duty and consistently produced biased and one-sided reporting which promotes your own personal views. You have been given repeated warnings, and every opportunity to improve, however, you have chosen not to do so.” It is this well documented history of biased reporting that resulted in the termination of Ms. Burns.
One of the latest examples of bias includes an article Ms. Burns wrote on ballot Measure D which ended up in a campaign mailer that was distributed to thousands of voters and made it appear that the News-Press was endorsing the measure.
The News-Press has an obligation to its readers to have unbiased news reporting and could not in good faith continue to tolerate such lack of balance in reporting, particularly where it would impact an election campaign. Contacts Agnes Huff Communications Agnes Huff, PhD, 310-641-2525
(Hat Tip to poster "Royale With Cheese" for the initial Huff-reference, which had the beauty headline, "N-P Files Another NLRB Claim; Steepleton Slags Burns."
The following are comments from another post regarding this press release:
This is the most asinine charge I have ever read. To call Melinda Burns a biased reporter is a classic example of stupidity. I do not know Scott Steepleton, but from what I have seen he is incapable of judging the work of others, especially that of a total professional like Melinda Burns.
And just who is biased here? Melinda writes a balanced pre-election story about Measure D, a issue the News-Press editorial opposed. Who's biased?
So her story got picked up by Measure D supporters. How many candidates tout newspaper endorsements in campaigning? It is common practice for campaigns to quote from newspaper articles. The bias would fall to the supporters of the issue, not the reporter who has presented both sides.
My guess is that Wendy knows she messed up in firing Melinda so now she starts a campaign to discredit her and save herself. Well, I got news for you Wendy. It's too late.
Posted by another ex inmate | November 11, 2006 07:41 AM
Come on…accusing the Teamsters Union of street graffiti? Looks like an excuse to dump on a dedicated 21-year employee just before a fancy dinner, with candlelight both inside and outside the Four Seasons. Employee matters are “internal,” Wendy insists, unless she wants to slam someone unfairly, without opportunity to respond, by releasing excerpts from an employee’s confidential personnel file in a national press release. But if an employee speaks up against her publicly in a newspaper like the Indy, where Wendy can respond, bam…a lawsuit. Sick. Does the union mean anything? Isn’t the union supposed to protect employees from this kind of abuse?
Posted by incredulous | November 11, 2006 09:14 AM
A few points ...
Yes, a union is very good at protecting from this sort of illegal firing a) once its presence is certified by the feds and b) through a contract.
The newsroom has neither so far. Wendy is stalling, stalling, stalling contract negotiaions by objecting to the landslide election with the NLRB.
So... SB, cancel your subscriptions. If this downward spiral continues, you'll be doing it anyway. Do it now and you've got a chance to help end that spiral.
Secondly, this asinine charge that the union is responsible for vandalizing a newsrack is patently absurd, unless they've got some hard evidence (doubt it, where's the police report then?). These boxes are planted on friggin street corners. The whole concept behind a newspaper machine is that it's ACCESSIBLE TO THE ENTIRE POPULATION.
Note to Santa Barbara: Only an idiot would take your entire town for idiots. That's the writing to be found between the lines of that press release.
And btw, since when does a company put contents from somebody's personnel file online? In a national press release, no less. Actionable?
As a longtime observer of labor disputes, I can tell you the Teamsters have a few far more tried, true and effective -- and legal -- pressure tactics to fall back on, rather than vandalism and graffiti. Why would the Teamsters risk taking to the streets with a Sharpie?
Prediction: Charging Melinda with bias is incredibly subjective. You can't prove it. The paper is going to lose a round in firing Melinda, who will be reinstated and justly compensated.
Posted by a few things | November 11, 2006 10:14 AM
I am amazed and astonished by the latest posting by Agnes Huff. I hope someone from the legal community can comment on the legality of publishing an excerpt from an employee's file, without fear of reprisal. I believe that there are laws regarding this and it would be a service to everyone to know these facts. What is also amazing is that this release is not only unprofessional, it shows the world how vindictive and immature Ms. McCaw is. Melinda Burns has over 20 years of experience and has won numerous awards for excellence for her writing. I don't know of any awards Ms McCaw has won for her journalistic skills. This is just another "personal" vendetta thinly veiled by Ms Huff's spin doctoring. I hope the citizens of SB will turn out in force tonight to support Melinda and the rest of the employees. Posted by Ex Inmate | November 11, 2006 10:48 AM
and one more thing ...
If Melinda's "bias" issues were an ongoing 5 year problem, why terminate her just days after she successfully led a union drive to victory?
I'm calling b.s.
This was a vendetta, plain and simple. Payback from Wendy for DEVALUING her "shop" as it shall soon be known by, I'm guessing, millions of dollars.
The McCaw News Press:
bling -> blang -> blop -> thud.
Kinda like the rest of her business endeavors.
Congrats to the newsroom for your 33-6 defeat of Wendy's McNews machine. I have no doubt that in due time you will reap many rewards - both journalistically and financially.
Posted by a few things | November 11, 2006 11:16 AM
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and another thing ...
If Melinda was so biased, why did they run her stuff for five years?
They ran her stories for five years, and she was biased?
She was biased, and yet they ran her stories for five years?
Biased stories.
Run for five years.
Edited by editors, Steepleton included.
And run for five years.
Why?
Why not fire the gatekeepers too?
a few things
November 11, 2006 at 1:05 p.m.
Very few people left to fire or quit, remember?
--virtual Most Wanted List
biff arden
November 11, 2006 at 1:15 p.m.
Check Wendy out tonight, Melinda, as her bodyguard drives her past you at the Biltmore's entrance. When Wendy sees you, Melinda, catch that sick kind of grin you get with kids who get off pulling wings off of flies. She’ll glow. It’s why she did the press release. No other reason. Do us a favor, Melinda, don’t settle. Force Wendy on the stand under cross examination by a shrink to show the world what makes her tick psychologically.
Wendy's foot on Melinda's neck.
November 11, 2006 at 1:37 p.m.
If the writing by Melinda Burns was so biased, why did the editors keep reviewing it and publishing her writing??
The vigil-demonstration tonight in front of Biltmore Hotel featured 55 people present. The hotel complained about people standing on the public sidewalk with raised voices at 6 pm. Then the Sheriff Deputy cruised by 5 times shining a light on the crowd. Ira Gottleib, attorney for the Teamsters in a tuxedo, paid for admission to the event more than a week ago, but he was denied entrance and the bouncer (yes, a bouncer) announced that they could exclude anyone after Gottleib indicated he already paid.
David Pritchett
November 11, 2006 at 8:21 p.m.
I admire Melinda's strength and determination. But why would she want to write for such a crappy paper as the News-Press?
The normal route for journalists is to keep moving from paper to paper, getting experience, and then settling at the highest-level publicaiton they can, and in Melinda's case it would be a world-class publication like the Wall Street Journal (editorial pages excepted), or the New York Times.
But what sometimes happens is that journalists fall in love with Santa Barbara so much that they stop their assent and settle in.
But this is a tragedy for Melinda to stay stuck at this loser publication. And you have to admit, it's never been a super duper world-class newspaper, not worthy of her, and now it's pure puke.
So, the disintegration of the NP might be divine providence at work to get Melinda to move onto a newspaper or radio network (NPR comes to mind) that is worthy of her stature as a journalist and a stellar person.
Been on the Inside
November 11, 2006 at 8:26 p.m.
does anyone know what went on INSIDE the Biltmore? Did McCune "graciously accept" and "graciously" defend the journalists? or stay silent?
What did SARA do?
November 12, 2006 at 8:32 a.m.
What Sara McCune did!
See CraigSmithsBlog today, Sunday special edition. This will get more elaboration for a room with that many people there.
http://www.west.net/~smith/blog/index.sh...
David Pritchett
November 12, 2006 at 8:37 a.m.
Anyone attend the candlelight vigil?
Ex Inmate
November 12, 2006 at 8:49 a.m.
Thank you Craig Smith!
dd
November 12, 2006 at 9:54 a.m.
If Melinda Burns was whacked because her work was so biased, then why wasn't Scott Steepleton whacked as well?
As anyone who knows anything about a newsroom can tell you (which leaves out the folks running the NP), it's the editors who control what gets published, not the reporters.
If Burns' work was substandard, he should have fixed her stories or killed them.
It's patently obvious that Steepleton survives not because he has talent or is a leader, but because the Divorcee et al need a stooge who will do their venal bidding.
My guess is that one day in the not too distant future, the associate editor's neck will be in the guillotine. After the blade falls, he will find himself on the outside without a friend in the world -- the exact opposite of the welcome and support nearly all of us refugees have found.
And he will have no one to blame but himself.
Another Ex
November 12, 2006 at 2:40 p.m.
How does this work?
from the press release:
"Based on the union’s concerted and public campaign urging subscribers to cancel the paper, the News-Press believes that this theft and vandalism, which hurt its distributors, are attributable to the union."
How does this alleged theft and vandalism hurt the distributors, whom I assume deliver the papers to the news boxes?
Are they somehow personally liable for stolen papers or damaged newsracks?
And if so, which I doubt, couldn't the News-Press show them a little charity by eating these losses over at DLG, because, after all, the union used "threatening and coercive secondary activities directed at its distributors in violation of the National Labor Relations Act?"
Can anybody explain the dynamic here? How are the distributors harmed by stolen papers and graffiti?
If I'm a distributor, am I supposed to sit next to a newsrack all day long to make sure each customer takes only one copy and nobody breaks out with a Sharpie or a sticker?
a few things
November 12, 2006 at 4:56 p.m.
Vandalism of newsracks has been going on forever. The union's approach has been taking the high road in this. Why would they screw it up by vandalizing some newsracks? What purpose would it serve to give Wendy ammunition? If not the union, then who? Hmmmmm
Ex Inmate
November 12, 2006 at 5:33 p.m.
Hey, we know what the News-Press does... we saw it with Roberts' case. They leaked the documents and then accused Roberts of doing it.
So the News-Press is vandalizing their own equipment so as to have a case with the NLRB and courts against the Union.
moteofdust
November 12, 2006 at 8:26 p.m.
The vindictive scorched earth approach at the NP continues. It is patently absurd -- and exposes the true, anti-union reason -- to assert that Burns was fired because Measure D proponents "cut and pasted" her story for their mailer. The hostility is made even more plain by naming Burns in their meritless charge against the union, and attaching her termination letter to its charge, which opens up the NP not only to libel charges, but to abuse of process as well. As others have noted, people have always stolen, and will continue to steal, from newspaper vending machines, and it didn't all of a sudden become a Teamsters issue in July. And yes, Steepleton clearly had responsibility for the Measure D/transportation story, and no one else but Burns got in a jam because of that story, and of course no one got in a jam at all until the NP decided it was time to take out another union rabblerouser.
Control Freak
November 12, 2006 at 9:01 p.m.
The "secondary activity" charge is totally off the wall. A union has a constitutional right to ask people not to buy the newspaper, or advertise in it. The NP used to think every malady visited upon it (including the Teamsters) was the fault of Jerry Roberts. Now, apparently, everything that goes wrong is the union's fault, even though the union 1) hasn't really begun to fight, and 2) doesn't officially have the right to bargain, thanks to the cynical stalling tactics that the NP has deployed, with the NLRB's complicity.
Are you kidding?
November 12, 2006 at 9:41 p.m.
The people who distribute the papers to racks are independent contractors who have to buy the papers, then hope they'll sell them all to get their money back. so stealing from a rack really does hurt them, not wendy. these are people who are often working 2 or 3 jobs and delvier the papers because they can get that done before they have to show up at their other job.
anonymous
November 12, 2006 at 10:51 p.m.
The NP has made itself a lot of enemies, so there are a lot of people who might think they are "making a statement" by helping themselves to a newspaper. That's a shame, and should be condemned. Wendy is the Paranoid from Hope, and she blames her (business) troubles on the union, and even if she and the NP are not directly harmed, she gets her jollies sending her lawyers into battle against those she thinks might not be able to defend themselves. Then when they do put up a battle and compel her to answer for her indefensible accusations and inability to credibly link cause and effect, she shrinks in horror and descends into a fresh fit of finger-pointing.
Unfortunate
November 12, 2006 at 11:07 p.m.
anonymous 10:51,
Thanks for that. I was the one who asked originally.
Whoever steels newspapers owes some independent contractors (that term should have been in the press release) some money.
So the paper is guaranteed payment on every copy it sends to the racks. Are these contractors coordinated through a particular agency, or does the paper hire and then classify them as independent contractors?
You know, if Wendy's gonna cite their hardship, which she attributes to fallout from her fight with the union, and if Wendy will attempt tp benefit from their hardship through her allegations, the least she could do is take the financial blow for these distributors.
a few things
November 12, 2006 at 11:27 p.m.
Newspaper racks are located in public places so they are easily accessible for obvious reasons. There is no way to prove who is stealing them unless you put up surveillance cameras or have someone watching them. Whether it is kids having kicks, people needing packing material, someone holding the lid open so another person can grab one, or someone involved with the NP situation, it really doesn't matter. I doubt if her accusations would hold up in court anyway unless she has been spying on the racks and can show documentary evidence.
Ex Inmate
November 13, 2006 at 3:22 a.m.
When are we going to hear ads on the radio about the Union boycott of the Newspress?
When are we going to hear that the boycott is having an effect?
I miss not getting the local news and o-bits.
I feel out of touch in my own town . . .
Waiting for the Union
November 13, 2006 at 7:58 a.m.
Is BLOGABARBARA the latest Queen McCaw victim? Or perhaps this is just a "temporary" respite......
Internal Server Error?
November 13, 2006 at 7:03 p.m.
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