CNN: More Information

To: all CNN/TVS Members
NABET-CWA Local 31
May 27, 2011
TVS/CNN Update


The former TVS employees were recently sent a letter with various attachments from Wayne Gold, the Regional Director of NLRB Region 5, along with a questionnaire concerning earnings since TVS ceased operations at CNNs Washington bureau and CNN began to self-perform that work. It is extremely important that you respond to the NLRB as completely and accurately as you are able. If you have questions about any information requested you should contact the Region 5 Compliance Office at cnnmailbox@nlrb.gov. Please mention that you are a former TVS employee at the D.C. location on the subject line of the e-mail. You can also contact Compliance Officer, Emily Hunt at 410-962-2864 or the Assistant Compliance Officer Sumintra Aumiller at 410-962-2838. If your questions are not fully answered, you can contact Local 31 counsel Brian Powers at bpowers@odonoghuelaw.com or Keith Bolek at kbolek@odonoghuelaw.com. Please speak to the NLRB Compliance Officer first before reaching out to union counsel.

The requested information is needed to calculate the amount of backpay owed to former TVS employees covered by the decision of the Administrative Law Judge. This entitlement extends to both former TVS employees who were hired by CNN, as well as former TVS employees who were not hired by CNN. The NLRB calculates backpay by calendar quarters. It is also necessary to show that you diligently searched for work if you were unemployed, and the amounts of interim earnings received. You will also be able to document any added expenses that you incurred as the result of the actions by TVS/CNN.

I realize that the gathering of this documentation is a laborious exercise. However, it is necessary in order to place you in a position to collect what is owed to you. If you believe that you are entitled to backpay but did not receive a letter from the NLRB, please contact the NLRB Compliance Office as indicated above and explain that you were employed by TVS in December 2003 and are entitled to backpay.

It is also important to keep Local 31 and the NLRB informed of your current address and any changes to your contact information. In this regard, we ask your help to obtain current contact information (address and phone numbers) for the following: Brenda Elkins, Lori Jennings, Daniel Lopez, Thomas Tyler, Alvester Williams, Kenneth White, and Ronald Davis. Any help that you can provide to locate these individuals is greatly appreciated.

The appeal of the Administrative Law Judges decision to the five member NLRB is still pending. We continue to believe that we have a strong case and should prevail on appeal. The recent communications from the NLRB is no indication that the NLRB will soon issue its decision though we certainly hope that a decision will issue soon. By providing the requested information to the NLRB Compliance Officer, the Board will be in a position to determine backpay without undue further delay once CNNs appeals are exhausted.

While we are very disappointed with the delay that has occurred in this case, I am pleased to report that the NLRB has issued decisions in the past year that have been fair, well reasoned and without the tilt towards management that we saw during the years when President Bush appointed the members of the NLRB. This bodes well for our prospects on appeal. Your patience has been remarkable. This case has been a beacon of light to show that no matter the resources of our adversaries, our rights will be vindicated in the end.

In solidarity,
Carl Mayers

NLRB / CNN forms information:

All the TVS/CNN employees who were illegally fired are getting back pay assessment packages from the NLRB. The Board has sent out a large mailing of questionnaires to CNN discriminatees. They're asking people to return their earnings and work search information for the period through December 31, 2005 by June 15, 2011 and have established a later date by which they would like the remaining information. We understand that this will be very challenging for a number of discriminatees and both the Board and the Union will work with them as needed. We anticipate many phone calls.

The Union realizes that filling these forms and answering the questions may require some assistance. Members may call the Union Office at 301-495-4999, and can get the phone number for the NLRB regional office who can answer their questions directly.

Members can also request a electronic copy of the Questionnaire, by email request to: cnnmailbox@nlrb.gov. Be sure to mention your Team Video employment location (DC or NY) in the subject line. The form will be emailed to them, and they can submit their completed form via email.

To help those members with the calculation of pack pay, the former TVS/CNN contract is posted here for your reference.


Memorial for Jerry Thompson

Here is information on our CNN/NABET member Jerry Thompson who passed away on Jan. 29, 2011. He is survived by his wife Inez Perez-Thompson, a small son and two teenage sons by a prior marriage.

The family address:
20854 Trinity Square
Sterling, VA 20165

Jerry's website:
www.buyjerryabeer.com

Facebook:
Our Friend Jerry Thompson
http://www.facebook.com/home.php#%21/group.php?gid=122656871098532

 


NLRB News Release: Board orders compound interest

This press release reinforces the board's policy that back pay will be with interest that is compounded daily. Decisions update NLRB remedial actions to reflect current practices.

Click here to view this news release in pdf.

CNN/Time-Warner files their opposition to Expedited Hearing Before the Board. Look here.

 

September 30, 2009 
 
TVS/CNN Members, 
 
Here's the latest on the National Labor Relations Board's Unfair Labor Practice case against CNN and Team Video Services. The filings of appeal briefs and reply briefs by attorneys representing CNN, the NLRB General Counsel, and NABET-CWA Locals 11 and 31 seems to have concluded, though with this case it's difficult to say for certain. 
 
President Obama has nominated three attorneys to fill the vacant seats on the labor board. The nominees are Brian Hayes (Republican), Craig Becker (Democrat), and Mark Pearce (Democrat). Once confirmed by the US Senate they will join Peter Schaumber (Republican) and Board Chairperson Wilma Liebman (Democrat). The labor board majority reflects the administration's political party, so the Obama labor board will consist of three Democrats and two Republicans. It isn't known when the Senate will move to confirm the nominees. It's important to note that there is no time limit on labor board deliberations of the appeal of Administrative Law Judge Arthur Amchan's November 2008 decision and given the size and complexity of our case the process could be quite lengthy.

Bulletin to Members posted at NABET-CWA Local11 (.pdf)

 

Here is a recent update on the National Labor Relations Board's Unfair Labor Practice case against CNN and Team Video for all TVS/CNN members. ALJ Buxbaum's report is the NLRB Special Master's report concerning an on-going subpoena dispute, the full purpose of which is explained in the update.

 

(http://www.nlrb.gov/shared_files/ALJ%20Decisions/2008/JD-60-08.pdf).

There are various appendices to the ALJ decision setting forth by name those individuals, both terminated employees and those currently working at CNN, who are entitled to remedial relief pursuant to the decision.  Already one employee has contacted the Local to claim that he was inadvertently left off the list.  We can correct this by filing an exception concerning any person who we have good reason to believe was inadvertently left off the list or was incorrectly excluded.  It is very important that any person that feels that they were inadvertently left off the list contact the Local office and should send us a detailed email to info@nabet31.org. The local unions can file exceptions with the NLRB. 

CNN's Lou Dobbs Peddles Lies and Anti-Union Propaganda:

The Big Lie at CNN!

CNN, despite its reputation as relatively “progressive”, has long been very anti-union. It regularly has much lower working conditions than virtually any other comparative broadcasting operation in America that is covered by important union-negotiated collective bargaining agreements. One of the reasons CNN originally set up its main operations in Georgia was due to the weaker legal protections of workers and unions in so-called “right to work” states. Despite this fact, in the early 1980s when CNN’s Atlanta headquarters first opened, the vast majority of workers signed cards to join NABET, the National Association of Broadcast Employees and Technicians.  The union lost the vote to become their bargaining agent in a controversial campaign in which CNN’s founder Ted Turner spent over a million dollars in anti-union efforts.  Turner publicly suggested he would rather close CNN than recognize the union.

In order to avoid having to deal directly with unions in CNN’s New York and Washington offices the company at first subcontracted all its technical services to Team Video Services (TVS) among others. Predictably, given the better labor protections in these places, the subcontracted workers in both New York and Washington early became union members by voting overwhelmingly in a secret ballot election to join NABET-CWA and were able to negotiate a series of labor agreements.

However some three years ago CNN managed to get rid of most of its unionized members and escape the contract by dropping TVS and setting up something called the “Bureau Staffing Project” which hired the workers directly under worse conditions and without recognition of the union.

Justice delayed is justice denied. After five years of investigation, charges filed, and exhaustive hearings, in December 2008 NLRB Judge Amchan declared CNN had engaged in, " ...widespread and egregious misconduct, demonstrating a flagrant and general disregard for the employees’ fundamental rights." And yet, the issue is still not resolved. CNN is appealing the NLRB judge’s ruling, possibly for years, making the arrival of these workers’ day of justice uncertain. The union will not quit.

CNN continues to tell its employees that the union is trying to force representation without another union election. What? Our NABET-CWA represented members have already spoken, twice. The NLRB judge has already spoken. Now CNN declares, “Employees should have a secret ballot.” But just like last time, today's law still allows these same union-busting lawyers and “persuaders” to lean on workers; so much for the secret ballot, free choice, and who's the "thug." It is likely that the Company’s intimidation campaign of the past would continue.  Here is yet another example of why workers need real labor law reform to level the playing field and get real and meaningful representation.

The lesson here is undeniable. Today's case makes it obvious that within current labor law, even with an unambiguous NLRB judge's ruling, companies know they can deny worker’s rights and frustrate the process through years of legal delays and argument. How long must union members wait to get justice? We need reform now. We need the Employee Free Choice Act passed and signed into law.


 

CNN has been granted a request for an extension of time to file exceptions to the Administrative law Judge decision.  The new date for filing exceptions is February 17, 2009.  The NLRB and Locals 31 and 11 will have an opportunity to file cross exceptions after CNN's exceptions are filed.  Cross exceptions present an opportunity for the NLRB and the two locals to appeal any aspect of the Administrative Law Judge's decision that they take issue with.

 

News from the National Association of Broadcast Employees and Technicians-CWA

The Union for the Information Age

For Release Nov. 24, 2008

Contact Brian Powers or Keith Bolek

for NABET-CWA, (202) 362-0041

or Candice Johnson, CWA Communications, 202-434-1168

 

Administrative Law Judge Issues Landmark Decision

Against CNN America, Inc.

 

Judge finds that CNN engaged in “widespread and egregious misconduct, demonstrating a flagrant and general disregard” for employee rights

 

Orders immediate reinstatement of 110 workers

Washington, D.C. – The Honorable Arthur J. Amchan, an Administrative Law Judge of the National Labor Relations Board, issued a decision detailing how CNN America, Inc. (“CNN”) violated the federally protected rights of more than 250 employees at the network’s bureaus in Washington, D.C. and New York, N.Y.  The Judge found that CNN committed substantial violations of the National Labor Relations Act when it terminated a subcontracting relationship with Team Video Services (“TVS”) – whose employees were represented by NABET-CWA, Local 31 and Local 11 (collectively “NABET-CWA”). CNN also was found to have discriminated against TVS employees who sought to continue their employment at CNN’s bureaus.

The Judge found that CNN discriminated against the TVS employees in a blatant attempt to avoid having to recognize and bargain with the employees’ collective bargaining representatives.  This decision is the culmination of more than five years of struggle by workers and their unions to vindicate their rights at the D.C. and N.Y. CNN Bureaus. 

For more than 20 years, CNN subcontracted the technical work of broadcasting news and programming from its D.C. and N.Y. Bureaus to a series of subcontractors.  The employees of these subcontractors – who were always represented by the National Association of Broadcast Employees and Technicians-CWA – provided the video and sound for many of CNN’s most recognized programs, including Larry King Live and Lou Dobbs Tonight.  However, in 2003 and 2004, CNN terminated its subcontract with the last subcontractor, TVS, and announced that the network would hire its own employees to provide these services.  CNN developed and implemented what it called the “Bureau Staffing Project,” which was a series of procedures for the recruitment and hiring of these new employees.

In his 169-page decision, Judge Amchan found that CNN was a joint employer with TVS of the subcontractor’s employees and, as a joint employer, the network was obligated to recognize and bargain with NABET-CWA over the decision to terminate the subcontracting relationship, as well as the decision to hire new employees.  The Judge further found that CNN’s Bureau Staffing Project was a sham, used by the network to discriminate against TVS employees in order to limit the hiring of those employees in order to avoid having to recognize and bargain with NABET-CWA.  In reaching these conclusions, Judge Amchan thoroughly discredited all of CNN’s witnesses and rejected each of CNN’s defenses. 

The judge’s order calls for the following:

  1. Reinstatement and full back pay for more than 110 employees.  Training for those rehired, if necessary.
  2. Recognition of the unions in New York and DC.
  3. Dues to be remitted to the unions for those who were on check off at the time the contracts were cancelled.
  4. Rescind, upon request, any departures from the collective bargaining agreements that occurred when the work was taken in-house.
  5. Restore any bargaining work that has been outsourced since the end of the Team video contracts.
  6. Posting of a notice at the two bureaus and the mailing of the notices to all employees at last known addresses who were part of the bargaining units when the contract was cancelled.
  7. A “cease and desist order” to prohibit CNN from infringing on workers’ rights under labor law in the future.

Judge Amchan’s order is a comprehensive remedy that requires CNN to recognize and bargain with NABET-CWA, as well as reinstate more than 110 employees who were not hired as part of the Bureau Staffing Project, restore the employees’ working conditions as set forth in the now expired union contracts except for improvements unless requested by NABET-CWA, and to make whole all employees for any loss of earnings and other benefits. 

J. Carl Mayers, president of NABET-CWA Local 31/Local 52031, said, “We were very pleased with this decision. It is a great victory for all union workers and would not have been possible without the hard work and courage of the members that were terminated by CNN as well as those that remained and never gave up hope.”

Ed McEwan, president of NABET-CWA Local 11, said, the decision by the ALJ “is a victory for workers, but one that took far too long to achieve because of our broken labor laws. Everyone in America should know that the network management we rely on to bring us the news are not above the illegal practices that they headline on a regular basis. From the very beginning we promised our members that 'we will not forget.' We didn’t, and we're keeping up the fight until fairness is fully won."  

The decision will be available on the National Labor Relations Board’s website on Monday, November 24, 2008 on page entitled “ALJ Decisions.”

###


You can obtain the decision (as a PDF File) by going to the following website: http://www.nlrb.gov/shared_files/ALJ%20Decisions/2008/JD-60-08.pdf

Northland Poster

 

Judge: CNN Must Re-Hire 100 Fired Union Workers

Source:

The Examiner.com-Chicago (IL) N/A

Indexed At:

11/25/2008 8:25 AM 1005879436

 

 

NLRB rules against CNN

Byline:

WILLIAM TRIPLETT

Source:

Variety.com (NAT) 32600

Indexed At:

11/24/2008 9:14 PM 1005416491

 

 

NLRB to CNN: Rehire workers

Byline:

Leslie Simmons

Source:

Hollywood Reporter (NAT) 28400

Indexed At:

11/24/2008 8:37 PM 1005389040

 

 

Boston.com

Source:

Boston Globe and Boston.com (MA) 414000 [Registration Required]

Indexed At:

11/24/2008 6:21 PM 1005293500

 

 

NLRB Judge Rules Against CNN, Which Will Appeal

Byline:

John Eggerton

Source:

Broadcasting & Cable (NAT) 23500

Indexed At:

11/24/2008 6:01 PM 1005277405

 

 

Administrative judge rules CNN violated labor laws

Source:

CNNMoney (Money Magazine) (NAT) 2036200

Indexed At:

11/24/2008 5:38 PM 1005261612

"Nil sapientiae odiosius acumine nimio"
Nothing is more hateful to wisdom than excessive cleverness

Lucius Annaeus Seneca


 

It is the goal of NABET-CWA Local 31 to win back this contract and protect the rights of those working under it. Your Union has made this fight it's top priority and we invite you to continue on our web site to see how. You will also find helpful information as to what employees were entitled to and those legal aspects surrounding why and what CNN has done is so wrong.


(Info from 2004 and before can be found at http://oldsite.nabet31.org/level2.cfm?ID=29)