The National Labor Relations Board late on Friday afternoon filed for a rare emergency injunction in federal court on behalf of the newsroom workers of the Pittsburgh Post-Gazette that could help resolve several major issues that led to the editorial employees’ decision to walk out from the newspaper more than two years ago.
If the 3rd U.S. Circuit Court of Appeals, based in Philadelphia, grants the injunction in its entirety, the PG would have to restore the terms of the previous contract of the Newspaper Guild of Pittsburgh — including the workers’ collectively bargained health insurance — and bargain a successor agreement in good faith with the journalists.
The Newspaper Guild of Pittsburgh is one of the five unions that struck the Post-Gazette in October 2022 over a variety of unfair labor practice charges. The work stoppage continues by four of those unions, including the guild, and is the longest ongoing strike in America.
“Over the past two years, I’ve struggled to pay bills. I’ve faced scabs driving their cars, trucks and vans into me, and an amount of police harassment and violations of my rights as a striking worker that would be laughable if it weren’t so serious,” said Natalie Duleba, a page designer and copy editor on strike. “All this because the Post-Gazette is more invested in breaking labor laws than treating us with dignity. The fact that it’s come to this is a mark against the PG’s name and a vindication of our efforts to hold owners and executives accountable.”
Post-Gazette advertising representatives, mailers, press operators and delivery drivers walked out on an unfair labor practice strike on Oct. 6, 2022, after the newspaper attempted to move them onto a cost-prohibitive company health insurance plan rather than pay the annual premium increase on the insurance they already had. When the workers refused to take the company plan, they were left with no health insurance. Less than two weeks later, newsroom workers walked out on their own ULP strike, accusing the company of bargaining in bad faith and other violations of federal labor law.
The Post-Gazette has already been found culpable of the charges leveled by its newsroom workers by an administrative law judge in January 2023, a ruling reaffirmed and expanded upon by the full National Labor Relations Board in September.
The PG, owned by Block Communications Inc. and based in Toledo, Ohio, also faces penalties in U.S. District Court for its alleged unlawful treatment of the advertising representatives, mailers and press operators. A hearing seeking what’s known as 10(j) injunctive relief for those workers began in November and is set to continue in early January.
While the newsroom workers were initially included in the injunction request for the other striking unions, the National Labor Relations Act only applies to workers who have not obtained a ruling from the full NLRB. Instead, Friday’s filing by the NLRB seeks an injunction under section 10(e) of the National Labor Relations Act.
“The Blocks, their law firm and Pittsburgh Post-Gazette management continues to break federal law,” said Jon Schleuss, NewsGuild-CWA president. “A 10(e) filing is exceptionally rare, and I’m glad to see the National Labor Relations Board continue to execute its authority to enforce the act, protect workers and prosecute companies that break the law. The entire NewsGuild will continue standing with our strikers and holding employers to account.”
The labor dispute between the PG and the guild stems back to July 2020 when the company claimed it had bargained to an impasse with the union and declared unilateral changes to editorial workers’ conditions that included forcing them onto a health care plan that cost families as much as an additional $13,000 or more per year, according to the union. The union said the imposed terms also took away a week of vacation from the most veteran workers, removed the bargained right to a guaranteed work week, stripped workers of their short-term disability plan, and eliminated union jurisdiction over their work.
Union representatives noted these issues could be resolved at any time if the company adheres to federal law.
“As we have pointed out over and over again, the Post-Gazette’s leadership has the ability to settle the strike at any time, simply by complying with the law,” said Mike Davis, Communications Workers of America District 2-13 vice president. “It is shameful that they are forcing striking workers and their families to make sacrifices for a third holiday season. It is time for the Post-Gazette’s leadership to get the message and change course so our members can get back to work.”
According to the union, failing to follow a federal judge’s decision can lead to a contempt ruling, exponentially multiplying fines, and the risk of owners and executives being detained. Late last year, executives of Haven Salon & Spa in Wisconsin were taken into custody by U.S marshals for flouting a district court’s order over the spa’s violations of workers’ rights.
The workers on the picket line have been buoyed by support from around the world during what is believed to be the longest strike in Pittsburgh history and the longest in the NewsGuild’s 90-plus years. Earlier this month, the strike received a $114,000 donation from the New York Times’ Tech Guild, which had money remaining in the fund it used in the weeklong strike that led to the settlement of its first contract.
The filing of the injunction request further lifted the strikers as they approached their fourth calendar year on the picket line.
“Today’s move by the NLRB to seek a rarely used emergency injunction against the Post-Gazette shows once again how righteous the fight of the striking Newspaper Guild workers has been,” said Zack Tanner, Newspaper Guild of Pittsburgh president. “For over two years now, the workers who have been holding the line have been proven correct at several levels. We’re looking forward to winning this injunction, getting our contract back and getting back to doing our award-winning work.”
The PUP is the publication of the striking workers at the Pittsburgh Post-Gazette.
