City-Wide Guild News

June 25 , 2001

For immediate release:

Washington Blade Owner Withdraws Claim that Workers Are Managers Following Union's Legal Action, Community Support

Union Representation Election Set for July 20

WASHINGTON, D.C., June 25--In an important victory for workers at the Washington Blade, the newspaper's new owner issued a written promise not to fire or threaten "any employee for engaging in any union activities" and withdrew his claim that two union supporters he had threatened to fire were managers outside the protection of federal labor law.

Window Media President William Waybourn's June 21 letter to the two threatened employees was issued in exchange for the Washington-Baltimore Newspaper Guild's withdrawal of unfair labor practice charges it had filed with the National Labor Relations Board (NLRB) in response to the threats.

Waybourn's letter also came after nearly 1,000 participants in Capital Pride Day June 10 signed petitions in support of Blade employees' right to unionize and after four Window Media investors made public a letter in which they urged Waybourn to treat employees "fairly and impartially" during the organizing effort.

With Waybourn's agreement that the two employees in question are part of a potential Guild bargaining unit, the NLRB set a representation election for July 20.

The NLRB-supervised secret ballot election will be held at the worksite. A simple majority is needed for the labor board to certify the union as the employees' bargaining representative. If a majority is certified, the employer must bargain with the union "in good faith" for a first contract.

In a closed-door meeting on May 30, Waybourn told Clint Steib, the Blade's photo editor, and Greg Varner, the paper's arts editor, that if they participated in union activities, they would be immediately terminated. Waybourn based his threat on his claim that Varner and Steib were managers although they had never exercised any managerial duties as defined by federal labor law. That meeting came just after a group of employees presented Waybourn with a letter requesting voluntary recognition of the union since a clear majority of employees had signed cards designating the Guild as their bargaining representative.

Waybourn refused the request for voluntary or "card-check" recognition, so the Guild petitioned the NLRB for an election.

In response to the Guild's letter seeking voluntary recognition, Waybourn sent a letter to the Guild dated June 4, 2001, in which he states:

"The purpose of this letter is to inform you that the Washington Blade declines to voluntarily recognize the Washington-Baltimore Newspaper Guild, as the bargaining representative of this [sic] employees. In addition, if the Union wishes to continue to request recognition as the bargaining agent of the Washington Blade's employees, it should handle such matter through the policies and procedures of the National Labor Relations Board."

In preparation for an NLRB hearing that was scheduled for June 15, the Guild subpoenaed Waybourn to provide documentary evidence that Steib and Varner were managers. At that point, Waybourn's attorneys informed the Guild that Waybourn was withdrawing his claim that the employees were not eligible for union representation.

"This is an important victory for Blade employees," said Calvin G. Zon, a Guild staff representative. "Common tactics used by management trying to squelch unionizing efforts include the hiring of new employees and the 'promotion' of employees to managerial positions."

Waybourn's attorneys claimed that the involvement of Steib and Varner would have tainted the entire unionizing process, because managers are excluded by law from assisting unionization.

"This was a blatant attempt to turn a good law on its head," Zon said. "Historically, the law was intended to protect the rights of employees to unionize without interference from management.

In his letter to Varner and Steib, Waybourn, quoting a section of the 1935 law, wrote:

"Your rights under the National Labor Relations Act include your right to engage in self-organization; to form, join, or assist unions; and to act together for collective bargaining or other mutual aid or protection. In accordance with these rights, we will not discharge you or any other employee, or threaten to terminate any employee, for engaging in any union activities."

According to Zon, the option to voluntarily recognize the desire of a clear majority of employees for a union will be open to Waybourn until the July 20 election.

"Waybourn still has a chance to do the right thing and avoid needless contention and division in the workplace," Zon said.

For more information, contact:
Calvin Zon at czon@wbng.org or 202-785-3650, ext. 17
Cet Parks at cparks@wbng.org or 202-785-3650, ext. 11

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Washington-Baltimore Newspaper Guild, Local 32035 TNG-CWA, AFL-CIO/ 1100 15th St., NW, Suite 350 Washington, DC 20005/ 202-785-3650 /Fax: 202-7859

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