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UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD FIRST
REGION In the
Matter of PROVIDENCE
JOURNAL COMPANY
PROVIDENCE NEWSPAPER GUILD, TNG-CWA,
LOCAL 31041, AFL-CIO ORDER CONSOLIDATING CASES, CONSOLIDATED COMPLAINT
AND NOTICE OF HEARING Providence Newspaper Guild, TNG-CWA, Local 31041, AFL-CIO, herein called the Union, has charged in Cases 1-CA-37763 and 1-CA-38129 that Providence Journal Company, herein called Respondent, has been engaging in unfair labor practices as set forth in the National Labor Relations Act, 29 U.S.C. Sec. 151 et seq., herein called the Act. Based thereon, and in order to avoid unnecessary costs or delays, the Acting General Counsel, by the undersigned, pursuant to Section 102.33 of the Rules and Regulations of the National Labor Relations Board, herein called the Board, ORDERS that these cases are consolidated. These cases having been consolidated, the Acting General Counsel, by the undersigned, pursuant to Section 10(b) of the Act and Section 102.15 of the Board's Rules and Regulations, issues this Consolidated Complaint and Notice of Hearing and alleges as follows: 1. (a) The charge in Case 1-CA-37763 was filed by the Union on December 13, 1999, and a copy was served by certified mail on Respondent on December 14, 1999. (b) The first amended charge in Case 1-CA--37763 was filed by the Union on December 27, 1999, and a copy was served by certified mail on Respondent on December 27, 1999. (c) The second amended charge in Case 1-CA-37763 was filed by the Union on December 15, 2000, and a copy was served by certified mail on Respondent on December 18, 2000. (d) The charge in Case 1-CA-38129 was filed by the Union on May 8, 2000 and a copy was served by certified mail on Respondent on May 9, 2000. (e) The first amended charge in Case 1-CA-38129 was filed by the Union on July 25, 2000, and a copy was served by certified mail on Respondent on July 27, 2000. 2. At all material times, Respondent, a corporation with an office and place of business in Providence, Rhode Island, herein called Respondent's Providence facility, has been engaged in the publication of the Providence Journal, a daily newspaper. 3. Annually, in conducting its business operations described above in paragraph 2, Respondent derives gross revenues in excess of $200,000, holds membership in or subscribes to interstate news services, publishes nationally syndicated features, and advertises nationally sold products. 4. At all material times, Respondent has been an employer engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act. 5. At all material times, the Union has been a labor organization within the meaning of Section 2(5) of the Act. 6. At all material times, the following individuals held the positions set forth opposite their respective names and have been supervisors of Respondent within the meaning of Section 2(11) of the Act and agents of Respondent within the meaning of Section 2(13) of the Act: Thomas
J. McDonough Human Resources Manager 7. About March 22, 2000, Respondent changed the work assignment of its employee Brian Jones. 8. Respondent engaged in the conduct described above in paragraph 7 because Brian Jones and other employees of Respondent formed, joined or assisted the Union and engaged in concerted activities, and to discharge employees from engaging in those activities. 9. (a) The following employees of Respondent, as set forth at Article 1, page 1-N of the January 1, 1997 News collective-bargaining agreement between Respondent and the Union, herein called the News Unit, constitute a unit appropriate for collective bargaining within the meaning of Section 9(b) of the Act:
(b)
Since about 1958 and at all material times, the Union has been the designated
exclusive collective-bargaining representative of the News Unit, and since
then the Union has been recognized as the representative by Respondent.
This recognition has been embodied in a series of collective bargaining
agreements, the most recent of which was effective from January 1, 1997
through December 31, 1999. (C)
At all times since about 1958, based on Section 9(a) of the Act, the Union
has been the exclusive collective-bargaining representative of the News
Unit. 10. (a) The following employees of Respondent, as set forth at Article 1, page 1-A of the January 1, 1997 Advertising collective-bargaining agreement between Respondent and the Union, herein called the Advertising Unit, constitute a unit appropriate for collective bargaining within the meaning of Section 9(b) of the Act.
(b) Since about 1969, and at all material times, the Union has been the designated exclusive collective-bargaining representative of the Advertising Unit, and since then the Union has been recognized as the representative by Respondent. This recognition has been embodied in a series of collectivebargaining agreements, the most recent of which was effective from January 1, 1997 through December 31, 1999. (c) At all times since about 1969, based on Section 9(a) of the Act, the Union has been the exclusive collective-bargaining representative of the Advertising Unit. 11. About January 1, 2000, Respondent changed health and dental insurance plans for employees in the News Unit and the Advertising Unit. 12. About January 1, 2000, Respondent changed the cap on employee contributions for medical insurance for employees in the News Unit and the Advertising Unit. 13. About January 1, 2000, Respondent changed the eligibility criteria for employee enrollment in medical and dental insurance plans for employees in the News Unit and the Advertising Unit. 14. About January 1, 2000, Respondent changed parking and bus pass benefits for employees in the News Unit and the Advertising Unit. 15. About January 1, 2000, Respondent changed vacation eligibility and gainsharing benefits, and eliminated one floating holiday, for employees in the News Unit and the Advertising Unit. 16. About January 1, 2000, Respondent eliminated the me- too and status quo clauses in the expired collective-bargaining agreements of the News Unit and the Advertising Unit. 17. About April 26, 2000, Respondent modified the job description of Editorial Assistant in the News Unit. 18. About June 15, 2000, Respondent subcontracted Advertising Unit Work in the selling of Advertising in a business review page. 19. About June 21, 2000, Respondent instituted a mandatory training program for on-line sales representatives in the Advertising Unit, which required out of town travel. 20. The subjects set forth above in paragraphs 11 through 19 relate to wages, hours, and other terms and conditions of employment of the News Unit and of the Advertising Unit and are mandatory subjects for the purposes of collective bargaining. 21. Respondent engaged in the conduct described above in paragraphs 11 through 19 without prior notice to the Union, and without affording the Union an opportunity to bargain with Respondent with respect to this conduct and the effects of this conduct. 22. (a) Since about September 16, 1999, the Union, by letter dated September 16, 1999 from Union Administrator Timothy F. Schick, has requested that Respondent furnish the Union with information regarding 1999 health and dental insurance elections by employees in the News Unit and by employees in the Advertising Unit. (b) >From about September 16, 1999 to about October 28, 1999, Respondent, by Thomas McDonough, has unreasonably delayed furnishing the Union with the information requested by it as described above in subparagraph 22 (a) 23. (a) On or about October 6, 1999, the Union, by letter dated October 6, 1999 from Union Administrator Timothy F. Schick, requested that Respondent furnish the Union with the plan descriptions for the health and dental plans offered to Respondent' s employees. (b) >From about October 6, 1999 to about November 24, 1999, Respondent, by Thomas McDonough, has unreasonably delayed furnishing the Union with the information requested by it as described above in subparagraph 23(a) 24. (a) On or about November 19, 1999, the Union, by Union Administrator Timothy F. Schick, orally requested that Respondent furnish the Union with the following information regarding the employee parking proposals made by Respondent during the negotiation for succeeding agreements to the 1997-1999 News Unit collective-bargaining agreement and 1997-1999 Advertising Unit collective-bargaining agreement: The
maximum number of available parking spaces; the location of the spaces;
the plan for allocating spaces; which employees would be eligible for
the parking benefits; whether the bus passes applied to the Rhode Island
transit system only or included Massachusetts transit as well; and under
what circumstances the proposed policy would change. (b) From about November 19, 2000 to about December 28, 1999, the Respondent, by Thomas McDonough, has unreasonably delayed furnishing the Union with the information requested by it as described above in subparagraph 24 (a) 25. (a) Since about December 5, 1999, the Union, by letter of Timothy F. Schick, its Administrator, has requested that Respondent furnish the Union with information regarding the health and dental insurance proposals made by Respondent during the negotiations for preceding agreements to the 1997-1999 News Unit collective-bargaining agreement and the 1997-1999 Advertising Unit collective-bargaining agreement. (b)
Since about December 5, 1999, Respondent, by Thomas McDonough, has failed
and refused to furnish the Union with the information requested by it,
as described above in subparagraph 25 (a) 26. (a) Since about January 14, 2000, March 10, 2000, and April 26, 2000, the Union, by letters from Union Administrator Timothy F. Schick, has requested that Respondent furnish the Union with information regarding the transfer of employee Stephen Daigneault to a non-unit position. (b) Since about January 14, 2000, Respondent, by Thomas McDonough, has failed and refused to furnish the Union with the information requested by it, as described above in subparagraph 26(a). 27. (a) Since about February 4, 2000, March 10, 2000, and April 26, 2000, the Union, by letters from Union Administrator Timothy F. Schick, has requested that Respondent furnish the Union with information regarding gainsharing. (b) Since about February 4, 2000, Respondent, by Thomas McDonough, has failed and refused to furnish the Union with the information requested by it, as described above in subparagraph 27 (a) 28. (a) Since about March 10, 2000 and April 26, 2000, the Union, by from Union Administrator Timothy F. Schick, has requested that Respondent furnish the Union with information regarding small grid payments. (b) Since about March 10, 2000, Respondent, by Thomas McDonough, has failed and refused to furnish the Union with the information requested by it, as described above in subparagraph 28(a) 29. (a) Since about March 17, 2000 and March 30, 2000, the Union, by letters from Union Administrator Timothy F. Schick, has requested that Respondent furnish the Union with information regarding pension and 401(k) benefits. (b) Since about March 17, 2000, Respondent, by Thomas McDonough, has failed and refused to furnish the Union with the information requested by it, as described above in subparagraph 29(a) 30. (a) Since about April 13, 2000 and April 26, 2000, the Union, by letters from Union Administrator Timothy F. Schick, has requested that Respondent furnish the Union with payroll memos. (b) Since about April 13, 2000, Respondent, by Thomas McDonough, has failed and refused to furnish the Union with the information requested by it, as described above in subparagraph 30(a) 31. (a) Since about June 20, 2000, July 10, 2000, and July 24, 2000, the Union, by letters from Union Administrator Timothy F. Schick, has requested that Respondent furnish the Union with information regarding the suspension of Andrew McKnight. (b) Since about June 20, 2000, Respondent, by Thomas McDonough, has failed and refused to furnish the Union with the information requested by it, as described above in subparagraph 31(a) 32. The information requested by the Union, as described above in subparagraphs 22(a), 23(a), 24(a), 25(a), 26(a), 27(a), 28(a), 29(a), and 30(a) is necessary for, and relevant to, the Union's performance of its duties as the exclusive collective-bargaining representative of the Advertising Unit and the News Unit. 33. By the conduct described above in paragraphs 7 and 8, Respondent has been discriminating in regard to the hire or tenure or terms or conditions of employment of its employees, thereby discouraging membership in a labor organization in violation of Section 8(a) (3) and (1) of the Act. 34. By the conduct described above in paragraphs 11 through 19 and 21, and subparagraphs 22(b), 23(b), 24(b), 25(b), 26(b), 27(b), 28(b), 29(b), 30(b), and 31(b), Respondent has been failing and refusing to bargain collectively and in good faith with the exclusive collective-bargaining representative of its employees in violation of Section 8(a) (5) and (1) of the Act. 35. The unfair labor practices of Respondent described above affect commerce within the meaning of Section 2(6) and (7) of the Act. PLEASE TAKE NOTICE that commencing at 11:00 a.m. on the 2nd day of April, 2001, and on consecutive days thereafter a hearing will be conducted at a location to be determined in Providence, Rhode Island before an administrative law judge of the Board on the allegations in this consolidated complaint, at which time and place any party within the meaning of Section 102.8 of the Board's Rules and Regulations will have the right to appear and present testimony. (Editor's note: On June 1 The National Labor Relations Board today postponed the hearings, which had been scheduled to begin June 25, because an NLRB lawyer suffered a serious back injury.) Respondent is further notified that, pursuant to Sections 102.20 and 102.21 of the Board's Rules and Regulations, Respondent shall file with the undersigned an original and four (4) copies of an answer to this consolidated complaint within 14 days from service of it, and that, unless Respondent does so, all the allegations in the consolidated complaint shall be considered to be admitted to be true and shall be so found by the Board. Respondent is also notified that pursuant to the Board's Rules and Regulations, Respondent shall serve a copy of its answer on each of the other parties. Form NLRB-4338, Notice, and Form NLRB-4668, Summary of Standard Procedures in Formal Hearings Held Before the National Labor Relations Board in Unfair Labor Practice Proceedings Pursuant to Section 10 of the National Labor Relations Act, As Amended, are attached. Dated at Boston, Massachusetts this 20th day of December, 2000.
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