Don’t cross the picket line

I love Wirecutter. You love Wirecutter. But don’t use it — don’t even visit the website — until next Tuesday. The site’s workers are taking part in a Black Friday weekend strike, lasting through Cyber Monday, to protest two years of failed contract negotiations with the New York Times Co.

In a recent article for Digiday, Sara Guaglione offered some background on the job action, including the NewsGuild’s claim that Wirecutter staff members are paid $43,000 less than their counterparts at The New York Times.

The Times Co. is profitable and growing. It can afford to share some of that prosperity with its employees. And good for the union for hitting management where it hurts — the busiest shopping days of the year.

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A new study highlights the difficulties of working for small newspapers

Photo (cc) 2013 by zamo86

You’ll have to forgive me for not plowing through a massive new report from Columbia’s Tow Center for Digital Journalism on a survey of more than 300 newsroom employees at small (under 50,000 circulation) newspapers. The survey follows up a similar study conducted in 2016. I did look at the executive summary and the conclusion, which contain some interesting findings. Among them:

  • More than a third of those responding, or 37%, said they work between 50 and 60 hours a week, and 50% said they work 40 to 50 hours a week.

Recently the NewsGuild announced it was investigating unpaid overtime work at Gannett. But that would involve union papers, which tend to be larger. It’s no secret that small dailies and weeklies have been exploiting their employees pretty much forever. As the economics of the business become increasingly difficult, the situation may be getting worse.

  • COVID is taking a toll, with 43% saying they felt less secure in their employment than they did at the beginning of the pandemic.
  • “Participants were often highly critical of hedge-fund ownership and frequently cited nonprofit models as the way forward for the sector.”
  • Efforts to create more diverse newsrooms at small newspapers are inadequate at best.
  • Some 57% say they are more involved in digital work than they were three years ago; 49% said they are producing more stories per week than they were three years ago; and 62% said social media had become a more important tool in their work.

“Despite a challenging financial landscape, coupled with wider issues such as trust in journalism, our 2020 cohort — like their predecessors in 2016 — retained a sense of optimism about the future of their industry,” write the authors, Damian Radcliffe and Ryan Wallace. “In particular, they highlighted the importance of hyperlocal news, embracing digital and filing information gaps by covering stories not offered elsewhere.”

One fact that stands out from the survey is that the staffs at smaller newspapers are old and white, and that if there’s any hope of reaching younger, more diverse audiences, then new approaches are needed. I hope anyone working for these newspapers who’s under the age of 50 is making plans right now to start a new venture in their community.

There’s also an important unanswered question here. What would the findings look like if employees of independently owned newspapers could be separated out from those whose papers have been acquired by a corporate chain or hedge fund? Working conditions can be pretty tough at independents as well, but the journalists might have more of a sense of community service.

Finally: Laura Hazard Owen has written a good overview of the study at Nieman Lab.

Probe of Gannett’s overtime practices needs to include smaller papers as well

The Burlington Free Press of Burlington, Vt. Photo (cc) 2019 by Dan Kennedy.

The NewsGuild is investigating Gannett for allegations of unpaid overtime work, according to Kerry Flynn of CNN. Flynn writes:

NewsGuild President Jon Schleuss sent a letter to Gannett CEO Mike Reed last Friday about the union’s plan to launch an investigation and requested the company do the same. The union also called on Gannett, which owns USA Today and more than 260 local publications including The Arizona Republic, the Detroit Free Press and The Indianapolis Star, to agree to other labor protections proposed in the ongoing union bargaining taking place in some of its newsrooms.

This is long overdue, and I hope the Guild doesn’t limit itself to Gannett’s unionized papers, which tend to be the larger dailies. Small dailies and its 1,000 or so community weeklies, many of which are in Eastern Massachusetts, need to be investigated as well.

Gannett journalists are grossly underpaid even at 40 hours a week. The only way Gannett has been able to keep its debt-addled ship afloat is by  demanding sacrifice after sacrifice from its employees. It’s great that the Guild is taking action. Now let’s see federal authorities get involved as well.

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How public pension funds are helping to finance the destruction of local news

This is Cerebrus, not Cerberus. Photo (cc) 2006 by Andrew Becraft

Public employee pension funds are investing — perhaps unwittingly — in the destruction of local news.

That’s the most important takeaway in a recent report by Julie Reynolds for the Nieman Journalism Lab. Reynolds writes that Alden Global Capital, the hedge fund that has destroyed newspapers across the country, has financed a number of its deals with the help of Cerberus Capital Management, a private equity firm. That includes Alden’s acquisition earlier this year of Tribune Publishing, which owns major-market papers such as the Chicago Tribune, The Baltimore Sun and, in New England, the Hartford Courant.

Cerberus’ top investor is the California Public Employees Retirement System, followed by the Public School Employees’ Retirement System of Pennsylvania. Eight of Cerberus’ top 10 investors are public employee pension funds. “Perhaps it’s time to demand that public pensions divest from shadow banks that aid and abet the aggressive dismantling of the free press,” Reynolds writes.

Cerberus turns out to have quite a track record, and it extends well beyond its role in helping Alden destroy local news. As Reynolds reports:

The firm has been accused of profiting from the Sandy Hook school massacre, because it promised to unload its ownership in gun manufacturers but then didn’t — at least not until its company Remington Arms went bankrupt in 2018. And Cerberus is the owner and founder of Tier 1 Group, the company that trained four members of the Tiger Squad that assassinated and dismembered Washington Post journalist Jamal Khashoggi.

The role of public pension funds in newspapers isn’t new. CNHI, based in Montgomery, Alabama, owns 89 local news outlets in 21 states, including The Eagle-Tribune of North Andover and its affiliated papers north of Boston. CNHI, in turn, is owned by the Retirement Systems of Alabama.

But though CNHI has cut deeply over the years, its track record isn’t nearly as grim as that of Alden. At least in Massachusetts, its newspapers remain well-staffed enough to do a reasonably good job of covering their communities.

In the trade magazine Editor & Publisher, Gretchen A. Peck reports that Jon Schleuss, president of the NewsGuild-CWA, wonders if Alden’s purpose in buying up newspapers is to exert political influence aimed at staving off regulation:

Schleuss speculated whether there might be political play behind these newspaper acquisitions. The NewsGuild president also opined about legislative remedies that Congress might enact to force hedge funds like Alden to be “radically transparent” about their investors. That would allow the public to discern if investors are earnest and market-minded or if they’re bad actors attempting to hold sway over the press.

It’s a real concern, though to date I haven’t seen any signs that Alden has an agenda other than cutting its papers to the bone and squeezing out whatever profits remain.

Peck’s article is also accompanied by a “publisher’s note” that is interesting mainly because it represents one of the few occasions when Alden has deigned to address the way it’s running its newspapers:

Publisher’s Note: E&P reached out to Heath Freeman of Alden Global Capital, welcoming his comment and contribution. The company’s crisis manager responded, post-deadline, with the following remark he attributed to MediaNews Group’s COO, Guy Gilmore: “A subscription-driven revenue model, long overdue payments from tech behemoths including Google and Facebook for the use of our content and the modernization of non-editorial operations are some of the keys to ensuring local newspapers can thrive over the long term and serve the local communities that depend on them.”

The Guild’s response to Boston Globe management

Management’s statement.

And here is the NewsGuild’s response to Boston Globe management. I have redacted the names.

Dear members

You may have seen the company’s email regarding the status of our contraction negotiations.

Here’s what’s really been happening:

The Guild asked the company to start negotiations in Sept. 2018. Company officials did not make themselves available until December 6.

On that day the company, represented by Trish Dunn of Jones Day, presented us with a proposal that would, among many, many problematic things:

  1. Give the company the ability to outsource our jobs.
  2. Eliminate overtime for most members.
  3. Strip us of seniority in layoffs.
  4. Remove wage steps that guarantee annual pay increases for employees who otherwise would receive no raises unless their managers agreed to them.
  5. Take away our ability to defend ourselves against abuses.
  6. Take away our ability to fight back if the company denies an employee’s claim of harassment against a supervisor.
  7. Remove the clause in our current contract that would require any future owner from honoring the bargaining agreement.
  8. Weaken, if not cut entirely, language in our contract that calls on the Globe to recruit and promote women and minorities.
  9. Slash our severance.

What would we get in return? Two percent annual wage increases for two years and a 401k match increase of 3 percent that came with a huge draw-back.

The company proposed language that would allow it to reduce and even eliminate the match without having to negotiate with the Guild, which it must do under our current contract.

Yes, the company has proposed changes to healthcare that would reduce costs for some members. But according to the Guild’s calculations, the changes would significantly increase healthcare costs for many of our other members, a fact we have reminded the company of repeatedly at the table.

The company wanted us to agree to this lopsided deal within two months. Then, when their deadline passed, the Globe withdrew its previous proposal and replaced it with one that would still cut our rights under the current contract but without any increases to our wages or 401k match.

As for the ten-week family leave we now have, the company seems to have forgotten that it was Guild members who proposed this to management in 2017 and had to prod the company for 18 months before it would join the ranks of other news organizations and provide a decent family leave package. This finally happened at the negotiation table after the Guild agreed to give up some of its sick days.

Since December, the Guild has continued to meet and schedule new dates for negotiations at a steady pace. The Guild has made proposals and movement, while the company has barely budged off of any of the major concessions it has demanded. These actions are in large part why the Guild has been compelled to file a bad faith bargaining charge against the Globe for violating the National Labor Relations Act.

In its email, the company accused us of failing to schedule enough meetings and abruptly canceling on Tuesday.

This requires some context. The company was unable to meet for a three-week stretch in July because one person on its seven-member team was on vacation. And at the most recent negotiating meeting, the company did not make a single proposal, saying it had nothing for us, even though the company owed us responses on several proposals.

The Guild did cancel one bargaining session, the first such cancellation during eight months of negotiations, because the Guild’s president, Scott Steeves, a critical member of our bargaining team, had to fill in for his manager, who has recently left the company and  has yet to be replaced.

The Guild’s negotiating team did meet on its own this week to draft more proposals and responses that will be provided to the company at the next bargaining session in September. The company knows this.

We’ve asked the company repeatedly to explain how provisions in the current contract are an impediment — financial or otherwise — to the Globe’s sustainability and growth. We are repeatedly met with the same vague response: “We want to be more flexible and nimble.”

Well, that’s not good enough. It’s not good enough for employees who have tirelessly worked for this company even as it made monumental mistakes that threatened the health and future of the Globe. We were there for the company when its short-sighted decision to switch newspaper delivery vendors failed spectacularly and we were there for the company when the faulty printing machines it purchased led to delays in putting out the paper.

And we were there for the company even when our lives were threatened by a heavily armed man in California.

We’re not asking for much in return. But the company is demanding too much of people who have still not recovered from the drastic wage cuts the New York Times imposed in 2009.

We hope this helps set the record straight. We invite you to approach our team with questions or comments. Your feedback is critical to us.

And if you’d like to share your thoughts with the company’s negotiating team, here are their names and contact information:

In Solidarity,

The Guild Bargaining Committee

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Globe management’s latest statement on negotiations with the NewsGuild

The Guild’s response.

Boston Globe executives sent a memo of more than 1,300 words to the staff last Friday giving them their side of the ongoing negotiations between the paper and the NewsGuild, formerly known as the Newspaper Guild. A trusted source sent it along earlier this morning, and I’m posting the full text below.

The email comes several weeks after the Guild filed a complaint with the National Labor Relations Board claiming unfair labor practices “given the slow pace of contract negotiations and the insulting strong-arm tactics used by the company’s lawyers.” The union staged a brief walkout as well. Interestingly, management now claims that it’s the union that’s dragging its feet.

Given that the Globe claims to have achieved profitability at the end of 2018, it strikes me as fair to ask why staff members, who’ve sacrificed in order to improve the Globe’s bottom line, shouldn’t share in that success. In the memo, management replies that those profits will disappear if costs aren’t kept under control.

“As we communicated in our 2018 year-end note to staff,” the email says, “we ended the year in the black precisely because we aggressively targeted savings across many facets of our business and carefully managed expenses to stay ahead of the structural declines we continue to see in our industry, including continued circulation and revenue declines. Most of that expense reduction has come from our production side, and it is not sustainable to continue significant cuts to the operations and staff that print, assemble and distribute the Globe every day. Rather, we must continue our vigilance in looking for efficiencies and identifying areas of real and sustainable growth in our editorial and commercial departments as well, just as all media companies are doing in today’s world to remain viable and relevant.”

The full text of the memo follows:

Dear Colleagues,

In an effort to keep you apprised of our negotiations with the Guild, we want to share an update on the current status of the negotiations after 19 bargaining sessions over eight months.

As we noted back in January, we provided the Guild’s bargaining committee with two complete contract proposals for consideration on December 6, 2018 — our first bargaining session. The first was a traditional proposal without any economics embedded, but with important operational and cleanup changes. The other was called a conditional alternative proposal, which included the same important operational and cleanup changes, but also included guaranteed annual wage increases of 2% for everyone, a 3% increase in the current 2% 401k company match, and 10 weeks of paid parental leave. The alternative proposal would have added up to 5% annually to employees’ compensation through wage increases and an increased 401k match. This alternative proposal was contingent on getting the contract settled quickly in early 2019.

The proposed 2% annual wage increases in the alternative proposal were in line with, or exceeded, annual increases at other major newspaper companies. The proposed 5% 401k match exceeded the match that most other major newspaper companies offer. The Guild rejected both, ending the possibility of an early 2019 contract settlement. At that time, we made it clear to the Guild that the Globe would not be willing to make any wage and benefit increases later agreed upon retroactive to January 1.

The one exception to that was paid parental leave. In its December 2018 proposals, the Globe offered, and the Guild accepted, 10 weeks of paid parental leave on the same terms as non-represented employees. In January, the Globe moved ahead with providing all of its employees with up to 10 weeks of paid parental leave.

The Globe has also put forth proposals to:

  • Continue providing employees with generous paid time off for vacations, sick leave and holidays — up to 47 paid days off a year, in excess of most other large city newspaper companies. Those 47 days are in addition to paid bereavement leave or short-term disability benefits, which the Globe also provides.
  • Provide the same health insurance benefits that it provides to its managers and other non-union employees, with a progressive premium cost-sharing arrangement that would allow lower paid employees to pay just 17% of the premiums and higher paid employees to pay 25%-30% of the premiums. The Globe’s proposed premium shares are, in most instances, lower than what other major newspaper companies require employees to contribute to their premiums. And, they compare favorably to national averages where employees pay about 29% of the premiums for family coverage and 18% of the premiums for single coverage (according to the Kaiser Family Foundation Survey of Employer Health Benefits).

Together, the Globe and the Guild have made progress in negotiations. We achieved tentative agreements on four full articles within the contract — including union security and dues check off that protect the Guild — and more than fifty tentative agreements on subsections, including those relating to:

  • Grievance rights
  • Grievance procedures
  • Protection of grievants
  • Parental leave
  • Sick leave
  • Union security
  • Union leave
  • Anti-discrimination
  • Diversity commitment
  • Career development and training
  • Labor Management Committee
  • Joint Committee on Workplace Equity and Diversity
  • Work week
  • Vacation pay
  • Reduced work week policy
  • Part-time employees’ sick leave
  • Part-time employees’ vacation
  • Dangerous conditions policy

The Globe has consistently tried to schedule regular meetings to bargain the contract. On Tuesday, the Guild committee cancelled this week’s bargaining session — a session that had been on the books since June 6. Moreover, they have been refusing to book regular bargaining dates through the rest of the year and has made its committee available only one or two dates each month, even though the Globe’s negotiators have requested to meet weekly. In fact, in our August 9th session, the Guild’s chief negotiator told us at the table that the Guild committee has only one single date available in October and has “nothing else to offer” for bargaining in October. The result: the Guild committee is available just three days for on-the-record bargaining between now and the end of October, after cancelling this week’s session.

We all share the common big picture goal of strengthening our newsroom and company for the challenges and opportunities we face in an ever-changing media industry. In the past few years we have undertaken a lot of new initiatives, made big investments for the long term sustainability, and went through all of our costs to be as efficient and focused as possible on fulfilling our mission. This hard work and patient endurance of a lot of change by each of us worked, with the company having revenues exceed expenses for the first time in 2018 after many, many years of operating at a loss. This is a major step towards the long-term sustainability of this institution that we are all striving for. However, we are not fully there. This step was a result of cost control, not revenue growth. We are working on new revenue generation opportunities and we need to be creative, nimble, and efficient to get there. No small part of the work we need to do is to ensure our collective bargaining contracts are structured in a way that both allows us to operate in this kind of a nimble, flexible way and provides the kinds of protections and security that the Guild is seeking.

To that end, as we have told the Guild leadership, our primary goal has not changed: modernizing our labor contract to match the realities of our business and to more closely mirror the terms of our peers in the media industry so that we can remain operationally flexible and competitive. The changes sought by the company have been accepted by unions, including the Guild, in other newsrooms in Boston and across the country. In addition, we continue to seek in negotiations to eliminate provisions in the contract that impede our commitment to diversity as the use of seniority in layoffs does; to treat our professional staff as professionals by providing strong total compensation packages, classifying employees appropriately and in alignment with others in our industry; and to have policies in place that reflect our support of working parents at BGMP [Boston Globe Media Partners, the Globe’s owner of record]. We’ve made concrete proposals to address the Guild’s concerns about our proposal to eliminate overtime for creative professionals. Keeping in perspective that most unit employees work no overtime, our proposals provide for comp time and premium pay when employees are required to work on their days off and make a commitment to adjust the salaries of some staff members who are consistently called upon to work longer hours.

To achieve these goals, Globe management is committed to continuing to bargain in good faith to reach an agreement that will allow the company to remain focused on the important work with which our community and region have entrusted us. We have and will always respect all bargaining units across our organization as we continue to drive the kind of transformation required to be a dynamic media company with a sustainable future for all our employees.

As we communicated in our 2018 year-end note to staff, we ended the year in the black precisely because we aggressively targeted savings across many facets of our business and carefully managed expenses to stay ahead of the structural declines we continue to see in our industry, including continued circulation and revenue declines. Most of that expense reduction has come from our production side, and it is not sustainable to continue significant cuts to the operations and staff that print, assemble and distribute the Globe every day. Rather, we must continue our vigilance in looking for efficiencies and identifying areas of real and sustainable growth in our editorial and commercial departments as well, just as all media companies are doing in today’s world to remain viable and relevant.

We will continue to be transparent as we proceed, just as we will continue to push for the ability to be nimble and flexible as an organization given the pace of change in our industry. We look forward to continuing to discuss these important proposals with the Guild.

Thank you,

The Globe’s Bargaining Committee

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